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A bill to be entitled 1
An act relating to education; amending s. 216.136, 2
F.S.; revising the official information the Education 3
Estimating Conference is required to forecast to 4
include specified student calculations; requiring 5
governmental agencies to provide the Office of 6
Economic and Demographic Research with specified data; 7
requiring nonprofit scholarship -funding organizations 8
to submit specified information to the conference; 9
requiring the conference's forecasted numbers of 10
certain students to be forwarded to and approved by 11
the school districts; requiring the conference's 12
forecasted scholarships to be made available to and 13
reviewed by nonprofit scholarship -funding 14
organizations; providing requirements for such 15
organizations; requiring the full conference to agree 16
to changes in official information of the conference; 17
amending s. 1002.394, F.S.; revising the purpose of 18
the Family Empowerment Scholarship Program; defining 19
the term "fraud"; prohibiting school districts from 20
reporting specified students for funding in the 21
Florida Education Finance Program; revising the 22
requirements for certain scholarships to no longer 23
remain in force and student ineligibility criteria; 24
providing that certain funding through the program 25
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constitutes funding under specified provisions of law; 26
requiring school districts to provide verification of 27
student disenrollment under certain circumstances; 28
revising the information the Department of Education 29
must publish and update relating to the program; 30
requiring the department to assign a Florida student 31
identification number to certain students; revising 32
department, eligible nonprofit scholarship -funding 33
organization, and parent responsibilities and duties 34
relating to applying for a scholarship, verifying 35
student eligibility, and funding and award 36
disbursement; requiring the department to develop 37
standard request forms for student withdrawal from 38
public schools and the program and provide the forms 39
to specified entities; revising requirements for 40
calculation of funding and disbursement of funds for 41
the program; revising requirements for the application 42
process and continued participation in the program; 43
authorizing the department to suspend or permanently 44
revoke a student's participation in the program under 45
certain circumstances; requiring the department to 46
investigate possible fraud within the program; 47
requiring the department to provide to the Legislature 48
certain information; providing that noncompliance with 49
specified requirements shall lead to a declined 50
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scholarship; requiring parents to verify that student s 51
are not attending a public school; requiring eligible 52
nonprofit scholarship -funding organizations to recover 53
specified funds and provide specified information to 54
the Auditor General; prohibiting eligible nonprofit 55
scholarship-funding organizations from a warding 56
scholarships under certain circumstances; prohibiting 57
the department from releasing program funds outside of 58
a specified schedule or releasing funds to students 59
who have not been assigned a Florida Student 60
identification number; amending s. 1002.39 5, F.S.; 61
revising department, eligible nonprofit scholarship -62
funding organization, and parent responsibilities and 63
duties relating to applying for a scholarship, 64
verifying student eligibility, and funding and award 65
disbursement for the Florida Tax Credit S cholarship 66
Program; requiring a school district to provide 67
verification of student disenrollment under certain 68
circumstances; providing that noncompliance with 69
specified requirements shall lead to a declined 70
scholarship; prohibiting school districts from 71
reporting certain students for funding through the 72
Florida Education Finance Program; defining the terms 73
"obligate" and "disburse"; deleting a provision 74
including certain transportation expenses in program 75
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administrative expenses; revising the requirements for 76
the cross-check of certain student attendance 77
information; requiring the department to assign a 78
Florida student identification number to certain 79
students; requiring the department to submit specified 80
reports to the Legislature within a specified 81
timeframe; requiring specified approvals and denials 82
of certain expenses to be consistent with specified 83
guidelines; requiring eligible nonprofit scholarship -84
funding organizations to recover specified funds; 85
requiring eligible nonprofit scholarship -funding 86
organizations to use specified forms for certain 87
purposes; revising requirements for the disbursement 88
of program funds; amending s. 1002.421, F.S.; 89
prohibiting a private school from participating in 90
certain scholarship programs for failure to reimburse 91
an eligible nonprofit scholarship -funding organization 92
under certain circumstances; amending s. 1008.386, 93
F.S.; requiring the department to establish unique 94
Florida student identification numbers for students 95
participating in certain scholarship programs; 96
amending s. 1010.305, F.S.; requiring the Auditor 97
General to annually examine certain records of 98
specified eligible nonprofit scholarship -funding 99
organizations; authorizing specified actions to be 100
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taken against such organizations under certain 101
circumstances; amend ing s. 1011.61, F.S.; revising 102
definitions; amending s. 1011.62, F.S.; revising 103
requirements for base funding through the Florida 104
Education Finance Program; providing requirements for 105
full-time equivalent membership surveys for the 106
program; revising specif ied additional full-time 107
equivalent student membership calculations within the 108
program; revising the calculation for the 109
determination of the base program; removing an 110
authorization for the State Board of Education to 111
adopt rules relating to credits for hi gh school 112
graduation; revising the exceptional student education 113
guaranteed allocation to include specified additional 114
costs; requiring certain allocations within the 115
program to be recalculated pursuant to the membership 116
surveys; requiring a specified fund ing amount to be 117
used for new educational entities funded through the 118
program; revising the requirements for the total 119
allocation of state funds to each district; removing 120
the state-funded discretionary supplement and the 121
educational enrollment stabilizati on program from the 122
program; amending s. 1011.622, F.S.; providing that 123
certain provisions relating to program calculations 124
apply to specific students; amending s. 1011.65, F.S.; 125
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removing requirements relating to the Florida 126
Education Finance Program Appro priation Allocation 127
Conference; requiring certain information to be 128
provided to the Legislature and the Executive Office 129
of the Governor for specified purposes; requiring the 130
Legislature and the Executive Office of the Governor 131
to provide a certain written notification before the 132
release of specified funds through the program; 133
creating s. 1011.695, F.S.; creating the state -funded 134
discretionary supplement; providing requirements for 135
the supplement; amending ss. 110.1228, 402.22, 136
1002.32, 1002.33, 1002.37, 10 02.45, 1003.4203, 137
1003.485, 1003.4935, 1003.498, 1007.271, 1008.44, 138
1010.20, 1011.68, and 1012.44, F.S.; conforming cross -139
references; providing an effective date. 140
141
Be It Enacted by the Legislature of the State of Florida: 142
143
Section 1. Paragraph (a) of subsection (4) of section 144
216.136, Florida Statutes, is amended to read: 145
216.136 Consensus estimating conferences; duties and 146
principals.— 147
(4) EDUCATION ESTIMATING CONFERENCE. — 148
(a)1. The Education Estimating Conference shall develop 149
such official information relating to the state public and 150
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private educational system, including forecasts of the number of 151
full-time equivalent students eligible for funding in the 152
Florida Education Finance Program, the number of scholarships 153
established in s. 1002.395 eligible for funding with tax credit 154
revenue student enrollments, the national average of tuition and 155
fees at public postsecondary educational institutions, the 156
number of students qualified for state financial aid programs 157
and for the William L. Boyd, IV, Effective Access to Student 158
Education Grant Program and the appropriation required to fund 159
the full award amounts for each program, fixed capital outlay 160
needs, and any other estimates Florida Education Finance Program 161
formula needs, as the conference determines are is needed for 162
the state planning and budgeting system. 163
2. All governmental agencies shall provide the Office of 164
Economic and Demographic Research with all the necessary data to 165
accomplish the purposes of the conference. Further, the 166
nonprofit scholarship-funding organizations authorized pursuant 167
to s. 1002.395 shall submit all data requested by the 168
conference, including, but not limited to, historical tax credit 169
remittance data, historical and estimated prior year authorized 170
carry forward amounts, and historical and estimated amounts of 171
funds transferred pursuant to s. 1002.395(6)(l). 172
3.a. The conference shall convene and adopt an 173
conference's initial forecast of full-time equivalent public 174
school students which shall be made available and r eviewed by 175
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projections of enrollments in public schools shall be forwarded 176
by the conference to each school district before the final 177
forecast is adopted by the conference. 178
b. The conference's initial forecast of scholarships 179
pursuant to s. 1002.395 shal l be made available and reviewed by 180
each authorized nonprofit scholarship -funding organization 181
before the final forecast is adopted by the conference. Once 182
adopted, scholarship -funding organizations must maintain the 183
level of active participants identified within the official 184
information, as defined in s. 216.133(2), unless subsequently 185
revised by the conference no later than 2 months prior to the 186
start of the regular session of the Legislature. Each school 187
district may, in writing, request adjustments to t he initial 188
projections. Any adjustment request shall be submitted to the 189
conference no later than 1 month prior to the start of the 190
regular session of the Legislature and shall be considered by 191
the principals of the conference. A school district may amend 192
its adjustment request, in writing, during the first 3 weeks of 193
the legislative session, and such amended adjustment request 194
shall be considered by the principals of the conference. For any 195
adjustment so requested, the district shall indicate and 196
explain, using definitions adopted by the conference, the 197
components of anticipated enrollment changes that correspond to 198
continuation of current programs with workload changes; program 199
improvement; program reduction or elimination; initiation of new 200
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programs; and any other information that may be needed by the 201
Legislature. For public schools, the conference shall submit its 202
full-time equivalent student consensus estimate to the 203
Legislature no later than 1 month after the start of the regular 204
session of the Legislat ure. 205
4. Official information, as defined in s. 216.133(2), 206
adopted by the No conference estimate may not be changed without 207
the agreement of the full conference. 208
Section 2. Paragraphs (i) through (n) of subsection (2) of 209
section 1002.394, Florida Sta tutes, are redesignated as 210
paragraphs (j) through (o), respectively, subsection (1), 211
paragraph (a) of subsection (4), paragraphs (a) and (b) of 212
subsection (5), subsection (6), paragraphs (a) and (b) of 213
subsection (8), paragraph (b) of subsection (9), parag raphs (a) 214
and (b) of subsection (10), paragraphs (a), (b), and (c) of 215
subsection (11), and paragraphs (a), (b), and (d) of subsection 216
(12) are amended, a new paragraph (i) is added to subsection 217
(2), paragraph (f) is added to subsection (7), and paragraphs 218
(e), (f), and (g) are added to subsection (11) of that section, 219
to read: 220
1002.394 The Family Empowerment Scholarship Program. — 221
(1) PURPOSE.—The Family Empowerment Scholarship Program is 222
established to provide children of families in this state which 223
have limited financial resources with educational options to 224
achieve success in their education , with priority given to 225
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children of families with limited financial resources . 226
(2) DEFINITIONS.—As used in this section, the term: 227
(i) "Fraud" means an intentional deception, omission, or 228
misrepresentation made by a person with knowledge that the 229
deception, omission, or misrepresentation may result in 230
unauthorized benefit to that person or another person, or any 231
aiding and abetting of the commission of su ch an act. The term 232
includes any act that constitutes fraud under applicable federal 233
or state law. 234
(4) AUTHORIZED USES OF PROGRAM FUNDS. — 235
(a) Program funds awarded to a student determined eligible 236
pursuant to paragraph (3)(a) may be used for: 237
1. Tuition and fees at an eligible private school. 238
2. Instructional materials, including digital materials 239
and Internet resources. 240
3. Curriculum as defined in subsection (2). 241
4. Tuition and fees associated with full -time or part-time 242
enrollment in an eligib le postsecondary educational institution 243
or a program offered by the postsecondary educational 244
institution, unless the program is subject to s. 1009.25 or 245
reimbursed pursuant to s. 1009.30; an approved preapprenticeship 246
program as defined in s. 446.021(5) which is not subject to s. 247
1009.25 and complies with all applicable requirements of the 248
department pursuant to chapter 1005; a private tutoring program 249
authorized under s. 1002.43; a virtual program offered by a 250
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department-approved private online provider that meets the 251
provider qualifications specified in s. 1002.45(2)(a); the 252
Florida Virtual School as a private paying student; or an 253
approved online course offered pursuant to s. 1003.499 or s. 254
1004.0961. 255
5. Fees for nationally standardized, norm -referenced 256
achievement tests, Advanced Placement Examinations, industry 257
certification examinations, assessments related to postsecondary 258
education, or other assessments. 259
6. Contracted services provided by a public school or 260
school district, including classes. A student who receives 261
contracted services under this subparagraph is not considered 262
enrolled in a public school for eligibility purposes as 263
specified in subsection (6) but rather attending a public school 264
on a part-time basis as authorized under s. 1002.44. A school 265
district may not report a student who is receiving contracted 266
services under this subparagraph for funding in the Florida 267
Education Finance Program. 268
7. Tuition and fees for part -time tutoring services or 269
fees for services provided by a choice n avigator. Such services 270
must be provided by a person who holds a valid Florida 271
educator's certificate pursuant to s. 1012.56, a person who 272
holds an adjunct teaching certificate pursuant to s. 1012.57, a 273
person who has a bachelor's degree or a graduate degr ee in the 274
subject area in which instruction is given, a person who has 275
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demonstrated a mastery of subject area knowledge pursuant to s. 276
1012.56(5), or a person certified by a nationally or 277
internationally recognized research -based training program as 278
approved by the department. As used in this subparagraph, the 279
term "part-time tutoring services" does not qualify as regular 280
school attendance as defined in s. 1003.01(16)(e). 281
(5) TERM OF SCHOLARSHIP. —For purposes of continuity of 282
educational choice: 283
(a)1. A scholarship funded to an eligible student pursuant 284
to paragraph (3)(a) shall remain in force until: 285
a. The organization determines that the student is not 286
eligible for program renewal; 287
b. The Commissioner of Education suspends or revokes 288
program participation or use of funds; 289
c. The student's parent has forfeited participation in the 290
program for failure to comply with subsection (10); 291
d. The student, who uses the scholarship for tuition and 292
fees pursuant to subparagraph (4)(a)1., enrolls in and is in 293
attendance at a public school. However, if a student enters a 294
Department of Juvenile Justice detention center for a period of 295
no more than 21 days, the student is not considered to have 296
returned to a public school on a full -time basis for that 297
purpose; or 298
e. The student graduates from high school or attains 21 299
years of age, whichever occurs first. 300
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2.a. The student's scholarship account must be closed and 301
any remaining funds shall revert to the state after: 302
(I) Denial or revocation of program eligib ility by the 303
commissioner for fraud or abuse, including, but not limited to, 304
the student or student's parent accepting any payment, refund, 305
or rebate, in any manner, from a provider of any services 306
received pursuant to paragraph (4)(a) or expending funds f rom 307
such a provider while the student attends a public school ; 308
(II) Two consecutive fiscal years in which an account has 309
been inactive; or 310
(III) A student remains unenrolled in an eligible private 311
school for 30 days while receiving a scholarship that r equires 312
full-time enrollment; or 313
(IV) A parent has failed to approve the quarterly deposit 314
of scholarship funds . 315
b. Reimbursements for program expenditures may continue 316
until the account balance is expended or remaining funds have 317
reverted to the state . 318
(b)1. A scholarship funded to an eligible student pursuant 319
to paragraph (3)(b) shall remain in force until: 320
a. The parent does not renew program eligibility; 321
b. The organization determines that the student is not 322
eligible for program renewal; 323
c. The Commissioner of Education suspends or revokes 324
program participation or use of funds; 325
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d. The student's parent has forfeited participation in the 326
program for failure to comply with subsection (10); 327
e. The student enrolls and is in attendance full time in a 328
public school; or 329
f. The student graduates from high school or attains 22 330
years of age, whichever occurs first. 331
2. Reimbursements for program expenditures may continue 332
until the account balance is expended or the account is closed. 333
3. A student's scholarship account must be closed and any 334
remaining funds, including, but not limited to, contributions 335
made to the Stanley G. Tate Florida Prepaid College Program or 336
earnings from or contributions made to the Florida College 337
Savings Program using program funds pursuant to subparagraph 338
(4)(b)6., shall revert to the state after: 339
a. Denial or revocation of program eligibility by the 340
commissioner for fraud or abuse, including, but not limited to, 341
the student or student's parent accepting any payme nt, refund, 342
or rebate, in any manner, from a provider of any services 343
received pursuant to subsection (4); 344
b. Any period of 3 consecutive years after high school 345
completion or graduation during which the student has not been 346
enrolled in an eligible posts econdary educational institution or 347
a program offered by the institution; or 348
c. Two consecutive fiscal years in which an account has 349
been inactive; or 350
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d. A parent has failed to approve the quarterly deposit of 351
scholarship funds. 352
(6) SCHOLARSHIP PROHI BITIONS.—A student is not eligible 353
for a Family Empowerment Scholarship while he or she is: 354
(a) Enrolled full time in a public school, including, but 355
not limited to, the Florida School for the Deaf and the Blind, 356
the College-Preparatory Boarding Academy, the Florida School for 357
Competitive Academics, the Florida Virtual School, the Florida 358
Scholars Academy, a developmental research school authorized 359
under s. 1002.32, or a charter school authorized under this 360
chapter. For purposes of this paragraph, a 3 - or 4-year-old 361
child who receives services funded through the Florida Education 362
Finance Program is considered to be a student enrolled in a 363
public school. Funding provided under this section for a child 364
eligible for enrollment in the Voluntary Prekindergarten 365
Education Program shall constitute funding for the child under 366
part V of this chapter, and no additional funding shall be 367
provided for the child under part V. ; 368
(b) Enrolled in a school operating for the purpose of 369
providing educational services to youth in a Department of 370
Juvenile Justice commitment program .; 371
(c) Receiving any other educational scholarship pursuant 372
to this chapter. However, an eligible public school student 373
receiving a scholarship under s. 1002.411 may receive a 374
scholarship for transpo rtation pursuant to subparagraph 375
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(4)(a)2.; 376
(d) Not having regular and direct contact with his or her 377
private school teachers pursuant to s. 1002.421(1)(i), unless he 378
or she is eligible pursuant to paragraph (3)(b) and enrolled in 379
an eligible the participating private school's transition -to-380
work program pursuant to subsection (16) or a home education 381
program pursuant to s. 1002.41 .; 382
(e) Participating in a private tutoring program pursuant 383
to s. 1002.43 unless he or she is determined eligible pursuant 384
to paragraph (3)(b).; or 385
(f) Participating in virtual instruction pursuant to s. 386
1002.455 that receives state funding pursuant to the student's 387
participation. 388
(7) SCHOOL DISTRICT OBLIGATIONS. — 389
(f) Upon the request of a parent, each school district 390
must provide verification of the student's withdrawal from a 391
public school in a format prescribed by the department. 392
(8) DEPARTMENT OF EDUCATION OBLIGATIONS. — 393
(a) The department shall: 394
1. Publish and update, as necessary, information on the 395
department website about the Family Empowerment Scholarship 396
Program, including, but not limited to, student eligibility 397
criteria;, parental responsibilities ; a list of approved 398
specialized instructional service providers required by s. 399
1002.66; a list of nationally norm -referenced tests identified 400
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as satisfying the testing requirements of subparagraph (9)(c)1.; 401
eligible postsecondary educational institutions; eligible 402
private schools; and eligible nonprofit scholarship -funding 403
organizations, and relevant data. 404
2.a. Assign a Florida student identification number 405
pursuant to s. 1008.386 to each eligible scholarship student who 406
has not previously been assigned a Florida student 407
identification number. 408
b. Cross-check each eligible nonprofit scholarship -funding 409
organization's verified list of scholarship students eligible to 410
receive a quarterly payment pursuant to paragraphs (11)(a) and 411
(b) and the full-time equivalent student membership survey data 412
pursuant to s. 1011.62(1)(a), to verify that a school district 413
has not also reported the student as a public school student. If 414
both the organization and a school district have reported the 415
same full-time equivalent student for funding, the department 416
must use the most recent student attendance records and reports 417
data collected pursuant to s. 1003.23 to resolve the reporting 418
duplication and may not release state scholarship funds for the 419
student until the duplication has been resolved. 420
c.2. Report, as part of the determination of full -time 421
equivalent membership pursuant to s. 1 011.62(1)(a), all 422
scholarship students funded through the Florida Education 423
Finance Program who are not reported as enrolled by a school 424
district, and cross-check the list of scholarship students 425
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submitted by the eligible nonprofit scholarship -funding 426
organization with the full -time equivalent student membership 427
survey data to avoid duplication . 428
d. Based on the number of scholarship students reported in 429
sub-subparagraph b., calculate the amount of state Florida 430
Education Finance Program funds to withhold for purposes of 431
funding scholarship students. The department may not use a 432
different data source for purposes of calculating the amount of 433
state Florida Education Finance Program funds to withhold. 434
3. Suspend or permanently revoke a scholarship recipien t's 435
program participation when he or she is enrolled in and in 436
attendance at a public school. 437
4. Comply with all the requirements for the release of 438
scholarship funding established in subsection (12). 439
3. Maintain and annually publish a list of national ly 440
norm-referenced tests identified for purposes of satisfying the 441
testing requirement in subparagraph (9)(c)1. The tests must meet 442
industry standards of quality in accordance with state board 443
rule. 444
4. Notify eligible nonprofit scholarship -funding 445
organizations of the deadlines for submitting the verified list 446
of eligible scholarship students. 447
5. Deny or terminate program participation upon a parent's 448
failure to comply with subsection (10). 449
6. Notify the parent and the organization when a 450
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scholarship account is closed and program funds revert to the 451
state. 452
7. Notify an eligible nonprofit scholarship -funding 453
organization of any of the organization's or other 454
organization's identified students who are receiving 455
scholarships under this chapter. 456
8. Develop and provide to the scholarship -funding 457
organizations and school districts a standard request form for 458
student withdrawal from a public school and a standard request 459
form for withdrawal from the scholarship program. 460
8. Maintain on its website a l ist of approved providers as 461
required by s. 1002.66, eligible postsecondary educational 462
institutions, eligible private schools, and eligible 463
organizations and may identify or provide links to lists of 464
other approved providers. 465
9. Require each organizatio n to verify eligible 466
expenditures before the distribution of funds for any 467
expenditures made pursuant to subparagraphs (4)(b)1. and 2. 468
Review of expenditures made for services specified in 469
subparagraphs (4)(b)3. -15. may be completed after the purchase 470
is made. 471
10. Investigate to determine possible fraud any written 472
complaint of a violation of this section by a parent, an 473
eligible a student, a participating private school, a public 474
school, a school district, an organization, a provider, or 475
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another appropriate party in accordance with the process 476
established under s. 1002.421. During the investigation, the 477
department may examine all records and make inquiry of all 478
persons who may have knowledge as to any irregularity incidental 479
to the disbursement of state f unds or other items or benefits 480
authorizations to scholarship recipients. 481
11. Require quarterly reports by an organization, which 482
must include, at a minimum, the number of students participating 483
in the program; the demographics of program participants; the 484
disability category of program participants; the matrix level of 485
services, if known; the scholarship program award amount per 486
student; the total expenditures for the purposes specified in 487
paragraph (4)(b); the types of providers of services to 488
students; the number of scholarship applications received, the 489
number of applications processed within 30 days after receipt, 490
and the number of incomplete applications received; data related 491
to reimbursement submissions, including the average number of 492
days for a reimbursement to be reviewed and the average number 493
of days for a reimbursement to be approved; any parent input and 494
feedback collected regarding the program; and any other 495
information deemed necessary by the department. Within 30 days 496
after receipt of eac h quarterly report, the department shall 497
submit a copy of the report to the Legislature. 498
12. Notify eligible nonprofit scholarship -funding 499
organizations that scholarships may not be awarded in a school 500
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district in which the award will exceed 99 percent o f the school 501
district's share of state funding through the Florida Education 502
Finance Program as calculated by the department. 503
13. Adjust payments to eligible nonprofit scholarship -504
funding organizations and, when the Florida Education Finance 505
Program is recalculated, adjust the amount of state funds 506
allocated to school districts through the Florida Education 507
Finance Program based upon the results of the cross -check 508
completed pursuant to subparagraph 2. 509
(b) At the direction of the Commissioner of Educatio n, the 510
department may: 511
1. Suspend or revoke program participation or use of 512
program funds by the student or participation or eligibility of 513
an organization, eligible postsecondary educational institution, 514
approved provider, or other party for a violation of this 515
section. 516
2. Determine the length of, and conditions for lifting, a 517
suspension or revocation specified in this paragraph. 518
3. Recover state unexpended program funds or withhold 519
payment of an equal amount of state program funds to recover 520
state program funds that were not authorized for use , improperly 521
received or retained, or improperly used while the student was 522
enrolled and in attendance at a public school . 523
524
In determining whether to suspend or revoke participation or 525
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lift a suspension or revoc ation in accordance with this 526
paragraph, the department may consider factors that include, but 527
are not limited to, acts or omissions that led to a previous 528
suspension or revocation of participation in a state or federal 529
program or an education scholarship program; failure to 530
reimburse the organization for funds improperly received or 531
retained; failure to reimburse state government funds improperly 532
received or retained; imposition of a prior criminal sanction 533
related to the person or entity or its officers o r employees; 534
imposition of a civil fine or administrative fine, license 535
revocation or suspension, or program eligibility suspension, 536
termination, or revocation related to a person's or entity's 537
management or operation; or other types of criminal proceeding s 538
in which the person or entity or its officers or employees were 539
found guilty of, regardless of adjudication, or entered a plea 540
of nolo contendere or guilty to, any offense involving fraud, 541
deceit, dishonesty, or moral turpitude. 542
(9) PRIVATE SCHOOL ELIG IBILITY AND OBLIGATIONS. —To be 543
eligible to participate in the Family Empowerment Scholarship 544
Program, a private school may be sectarian or nonsectarian and 545
must: 546
(b) Provide to the organization all documentation required 547
for a student's participation, in cluding confirmation of the 548
student's admission to the private school, the private school's 549
and student's fee schedules, and any other information required 550
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by the organization to process scholarship payment under 551
subparagraph (12)(a)3. (12)(a)4. Such information must be 552
provided by the deadlines established by the organization and in 553
accordance with the requirements of this section. A student is 554
not eligible to receive a quarterly scholarship payment if the 555
private school fails to meet the deadline. 556
557
If a private school fails to meet the requirements of this 558
subsection or s. 1002.421, the commissioner may determine that 559
the private school is ineligible to participate in the 560
scholarship program. 561
(10) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 562
PARTICIPATION.— 563
(a) A parent who applies for a new scholarship under 564
paragraph (3)(a) whose student will be enrolled full time in an 565
eligible private school must: 566
1. Select an eligible private school and apply for the 567
admission of his or her student. 568
2. Comply with the process for applying for a new 569
scholarship established in subparagraph (11)(a)2. 570
2. Request the scholarship by the date established by the 571
organization in a manner that creates a written or electronic 572
record of the request and the date o f receipt of the request. 573
3.a. Beginning with new applications for the 2025 -2026 574
school year and thereafter, notify the organization by December 575
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15 that the scholarship is being accepted by July 1 to be 576
eligible for the first quarter payment, by Septembe r 1 to be 577
eligible for the second quarter payment, and by December 1 to be 578
eligible for the third quarter payment. All notifications must 579
include confirmation of the student's admission acceptance at an 580
eligible private school pursuant to subsection (9). A 581
scholarship is deemed declined if notification is not received 582
by December 1 or declined. 583
b. Beginning with renewal applications for the 2025 -2026 584
school year and thereafter, notify the organization by May 31 585
that the scholarship is being renewed by submitting all required 586
documentation, including confirmation of the student's admission 587
acceptance to an eligible private school pursuant to subsection 588
(9). A scholarship is deemed or declined if notification is not 589
received by May 31. 590
4. Notify Inform the applicable school district that when 591
the parent withdraws his or her student is withdrawing from a 592
public school before his or her student's attendance at to 593
attend an eligible private school. 594
5. Require his or her student participating in the 595
scholarship program to remain in attendance at the eligible 596
private school throughout the school year unless excused by the 597
school for illness or other good cause. 598
6. Meet with the eligible private school's principal or 599
the principal's designee to review the sc hool's academic 600
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programs and policies, specialized services, code of student 601
conduct, and attendance policies before enrollment. 602
7. Require his or her student participating in the 603
scholarship program to take the norm -referenced assessment 604
offered by the eligible private school. The parent may also 605
choose to have the student participate in the statewide 606
assessments pursuant to paragraph (7)(d). If the parent requests 607
that the student participating in the scholarship program take 608
all statewide assessments r equired pursuant to s. 1008.22, the 609
parent is responsible for transporting the student to the 610
assessment site designated by the school district. 611
8. Verify that his or her student is not attending a 612
public school and approve each quarterly payment established in 613
paragraph (12)(a) before the scholarship funds are may be 614
deposited by funds transfer pursuant to subparagraph (12)(a)3 . 615
The parent may not designate any entity or individual associated 616
with an eligible the participating private school as th e 617
parent's attorney in fact to approve a funds transfer. A 618
participant who fails to comply with this paragraph forfeits the 619
scholarship. 620
9. Agree to have the organization commit scholarship funds 621
on behalf of his or her student for tuition and fees for w hich 622
the parent is responsible for payment at the eligible private 623
school before using scholarship account funds for additional 624
authorized uses under paragraph (4)(a). A parent is responsible 625
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for all eligible expenses in excess of the amount of the 626
scholarship. 627
10. Comply with the scholarship application and renewal 628
processes and requirements established by this section the 629
organization. 630
(b) A parent who applies for a scholarship under paragraph 631
(3)(b) is exercising his or her parental option to determi ne the 632
appropriate placement or the services that best meet the needs 633
of his or her child and must: 634
1. Apply to an eligible nonprofit scholarship -funding 635
organization to participate in the program and comply with the 636
application process established in su bparagraph (11)(b)2. by a 637
date set by the organization. The request must be communicated 638
directly to the organization in a manner that creates a written 639
or electronic record of the request and the date of receipt of 640
the request. 641
2.a. Beginning with new a pplications for the 2025 -2026 642
school year and thereafter, notify the organization by July 1 643
December 15 that the scholarship is being accepted to be 644
eligible for the first quarter payment, by September 1 to be 645
eligible for the second quarter payment, and b y December 1 to be 646
eligible for the third quarter payment. If applicable, all 647
notifications must include confirmation of the student's 648
admission acceptance at an eligible private school pursuant to 649
subsection (9). A scholarship is deemed declined if notifi cation 650
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is not received by December 1 or declined. 651
b. Beginning with renewal applications for the 2025 -2026 652
school year and thereafter, notify the organization by May 31 653
that the scholarship is being renewed by submitting all required 654
documentation, including, if applicable, confirmation of the 655
student's admission acceptance to an eligible private school 656
pursuant to subsection (9). A scholarship is deemed declined if 657
notification is not received by May 31 or declined. 658
3. Sign an agreement with the orga nization and annually 659
submit a sworn compliance statement to the organization to 660
satisfy or maintain program eligibility, including eligibility 661
to receive and spend program payments by: 662
a. Affirming that the student is enrolled in a program 663
that meets regular school attendance requirements as provided in 664
s. 1003.01(16)(b), (c), or (d). 665
b. Affirming that the program funds are used only for 666
authorized purposes serving the student's educational needs, as 667
described in paragraph (4)(b); that any prepaid coll ege plan or 668
college savings plan funds contributed pursuant to subparagraph 669
(4)(b)6. will not be transferred to another beneficiary while 670
the plan contains funds contributed pursuant to this section; 671
and that they will not receive a payment, refund, or reb ate of 672
any funds provided under this section. 673
c. Affirming that the parent is responsible for all 674
eligible expenses in excess of the amount of the scholarship and 675
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for the education of his or her student by, as applicable: 676
(I) Requiring the student to t ake an assessment in 677
accordance with paragraph (9)(c); 678
(II) Providing an annual evaluation in accordance with s. 679
1002.41(1)(f); or 680
(III) Requiring the child to take any preassessments and 681
postassessments selected by the provider if the child is 4 years 682
of age and is enrolled in a program provided by an eligible 683
Voluntary Prekindergarten Education Program provider. A student 684
with disabilities for whom the physician or psychologist who 685
issued the diagnosis or the IEP team determines that a 686
preassessment and postassessment is not appropriate is exempt 687
from this requirement. A participating provider shall report a 688
student's scores to the parent. 689
d. Affirming that the student remains in good standing 690
with the provider or school if those options are selected by the 691
parent. 692
e. Enrolling his or her child in a program from a 693
Voluntary Prekindergarten Education Program provider authorized 694
under s. 1002.55, a school readiness provider authorized under 695
s. 1002.88, a prekindergarten program offered by an eligible 696
private school, or an eligible private school if selected by the 697
parent. 698
f. Complying Comply with the scholarship application and 699
renewal processes and requirements established by this section 700
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the organization. A student whose participation in the progra m 701
is not renewed may continue to spend scholarship funds that are 702
in his or her account from prior years unless the account must 703
be closed pursuant to subparagraph (5)(b)3. Notwithstanding any 704
changes to the student's IEP, a student who was previously 705
eligible for participation in the program shall remain eligible 706
to apply for renewal. However, for a high -risk child to continue 707
to participate in the program in the school year after he or she 708
reaches 6 years of age, the child's application for renewal of 709
program participation must contain documentation that the child 710
has a disability defined in paragraph (2)(e) other than high -711
risk status. 712
g. Procuring the services necessary to educate the 713
student. If such services include enrollment in an eligible 714
private school, the parent must meet with the private school's 715
principal or the principal's designee to review the school's 716
academic programs and policies, specialized services, code of 717
student conduct, and attendance policies before his or her 718
student is enrolled. The parent must also approve each quarterly 719
payment to the eligible private school before the scholarship 720
funds may be deposited by funds transfer pursuant to 721
subparagraph (12)(a)4 . The parent may not designate any entity 722
or individual associated with the eligible private school as the 723
parent's attorney in fact to approve a funds transfer. When the 724
student receives a scholarship, the district school board is not 725
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obligated to provide the student with a free appropriate public 726
education. For purposes of s . 1003.57 and the Individuals with 727
Disabilities in Education Act, a participating student has only 728
those rights that apply to all other unilaterally parentally 729
placed students, except that, when requested by the parent, 730
school district personnel must devel op an IEP or matrix level of 731
services. 732
h. Verifying that his or her student is not attending a 733
public school before approving each quarterly deposit of 734
scholarship funds. 735
(11) OBLIGATIONS OF ELIGIBLE SCHOLARSHIP -FUNDING 736
ORGANIZATIONS.— 737
(a) An eligible nonprofit scholarship -funding organization 738
awarding scholarships to eligible students pursuant to paragraph 739
(3)(a) shall: 740
1. Establish a process for parents whose students were 741
funded a scholarship in the prior school year who are in 742
compliance with paragraph (10)(a) to renew their students' 743
scholarships which is consistent with the requirements of 744
subsection (10). Renewal applications for the 2025 -2026 school 745
year and thereafter must provide for a renewal timeline 746
beginning February 1 of the prior scho ol year and ending April 747
30 of the prior school year. A student's renewal is contingent 748
upon an eligible private school providing confirmation of 749
student admission pursuant to subsection (9). The process must 750
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require that parents confirm that the scholarsh ip is being 751
renewed or declined by May 31. 752
2. Establish a process for parents that allows a parent to 753
apply for a new scholarship which must include: 754
a. A submission period for submitting an application which 755
must. The process may begin no earlier than February 1 of the 756
prior school year and must end on authorize submission of 757
applications until November 15. The process must be in a manner 758
that creates a written or electronic record of the application 759
request and the date of receipt of the application r equest. 760
Applications received after November 15 the deadline may be 761
considered for scholarship award in the subsequent fiscal year. 762
b. Submission of the completed application must be in a 763
manner that creates a written or electronic record of the 764
application and the date of receipt and includes all required 765
documentation for verifying student eligibility The process must 766
require that parents confirm that the scholarship is being 767
accepted or declined by December 15 . 768
3. Verify the household income level o f students seeking 769
priority eligibility and submit the verified list of students to 770
the department. 771
4. Submit to the department the verified list of 772
scholarship students eligible to receive a quarterly payment 30 773
days before the release of each quarterl y payment established in 774
paragraph (12)(a). If applicable, verification must include 775
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confirmation of withdrawal from a public school. Quarterly 776
payment requests must include the Florida student identification 777
number when assigned by the department. 778
5.4. Award scholarships in priority order pursuant to 779
paragraph (3)(a). 780
6.5. Establish and maintain separate scholarship accounts 781
for each eligible student. For each account, the organization 782
must maintain a record of accrued interest that is retained in 783
the student's account and available only for authorized 784
scholarship program expenditures. 785
7.6. Permit eligible students to use scholarship program 786
funds for the purposes specified in paragraph (4)(a), as 787
authorized in the organization's purchasing handbook, by paying 788
for the authorized use directly, then submitting a reimbursement 789
request to the eligible nonprofit scholarship -funding 790
organization. However, an eligible nonprofit scholarship -funding 791
organization may require the use of an online platform for 792
direct purchases of products so long as such use does not limit 793
a parent's choice of curriculum or academic programs. If a 794
parent purchases a produ ct identical to one offered by an 795
organization's online platform for a lower price, the 796
organization must reimburse the parent the cost of the product. 797
8. Comply with all requirements for the release of state 798
funds for scholarship students established in subsections (10) 799
and (12). 800
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7. In a timely manner, submit the verified list of 801
students and any information requested by the department 802
relating to the scholarship under this section. 803
9.8. Notify the department about any violation of this 804
section. 805
10.9. Document each student's eligibility for each a 806
fiscal year before awarding a new or renewed granting a 807
scholarship for that fiscal year. A student is ineligible for a 808
scholarship if the student's account has been inactive for 2 809
consecutive fiscal year s. 810
11.10. Notify each parent that participation in the 811
scholarship program does not guarantee enrollment. 812
12.a.11. Commit scholarship funds on behalf of the student 813
for tuition and fees for which the parent is responsible for 814
payment at an eligible the participating private school before 815
using scholarship account funds for additional authorized uses 816
under paragraph (4)(a). 817
b. Make payment for tuition and fees for full -time 818
enrollment at an eligible private school within 7 business days 819
after receiving approval by the parent pursuant to paragraph 820
(10)(a). Payment must be by funds transfer or any other means of 821
payment that the department deems to be commercially viable or 822
cost-effective. 823
13. Recover funds improperly received or retained by an 824
eligible private school. Funds are considered improperly 825
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received or retained when the private school verifies enrollment 826
and attendance of a student enrolled and in attendance at a 827
public school. 828
(b) An eligible nonprofit scholarship -funding organization 829
awarding scholarships to eligible students pursuant to paragraph 830
(3)(b) shall: 831
1. Establish a process for parents whose students were 832
funded a scholarship in the prior school year who are in 833
compliance with paragraph (10)(b) to renew their students' 834
scholarships. Renewal applications for the 2025 -2026 school year 835
and thereafter must provide for a renewal timeline beginning 836
February 1 of the prior school year and ending April 30 of the 837
prior school year. A student's renewal is contingent upon an 838
eligible private school providing confirmation of student 839
admission pursuant to subsection (9), if applicable. The process 840
must require that parents confirm that the scholarship is being 841
renewed or declined by May 31. 842
2. Establish a process for parents that allows a parent to 843
apply for a new scholarship which must include: 844
a. A submission period for submitting an application which 845
must. The process may begin no earlier than February 1 of the 846
prior school year and end on must authorize the submission of 847
applications until November 15. The process must be in a manner 848
that creates a written or electronic record of the application 849
request and the date of receipt of the application request. 850
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Applications received after November 15 the deadline may be 851
considered for scholarship award in the subsequent fiscal year. 852
The process must require that parents confirm that the 853
scholarship is being accepted or declined by December 15. 854
b. Submission of the completed application must be in a 855
manner that creates a written or electronic record of the 856
application and the date of receipt and includes all required 857
documentation for verifying student eligibility. 858
3. Submit to the department the verified list of 859
scholarship students eligible to receive a q uarterly payment 30 860
days before the release of each quarterly payment established in 861
paragraph (12)(b). If applicable, verification must include 862
confirmation of withdrawal from a public school. Quarterly 863
payment requests must include the Florida student id entification 864
number when assigned by the department. 865
4. Make payment for tuition and fees for full -time 866
enrollment at an eligible private school within 7 business days 867
after receiving approval by the parent pursuant to paragraph 868
(10)(b). Payment must be by funds transfer or any other means of 869
payment that the department deems to be commercially viable or 870
cost-effective. 871
5.3. Review applications and award scholarships using the 872
following priorities: 873
a. Renewing students from the previous school year. 874
b. An eligible student who is determined eligible meets 875
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the criteria for a new scholarship an initial award pursuant to 876
paragraph (3)(b) on a first -come, first-served basis. 877
6.4. Establish and maintain separate accounts for each 878
eligible student. For each account, the organization must 879
maintain a record of accrued interest that is retained in the 880
student's account and available only for authorized scholarship 881
program expenditures. 882
7.5. Verify qualifying educational expenditures pursuant 883
to the requirements of paragraph (4)(b). 884
8.6. Return any remaining scholarship program funds to the 885
department pursuant to paragraph (6)(b). 886
9.7. Notify the parent about the availability of, and the 887
requirements associated with requesting, an initial IEP or IEP 888
reevaluation every 3 years for each student participating in the 889
program. 890
10.8. Notify the parent of available state and local 891
services, including, but not limited to, services under chapter 892
413. 893
11. Comply with all requirements for the release of state 894
funds for scholarship students pursuant to subsection (12). 895
9. In a timely manner, submit to the department the 896
verified list of eligible scholarship students and any 897
information requested by the department relating to the 898
scholarship under this section. 899
12.10. Notify the department of any violation of this 900
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section. 901
13.11. Document each scholarship student's eligibility for 902
each a fiscal year before awarding granting a scholarship for 903
that fiscal year pursuant to paragraph (3)(b) and disburse 904
quarterly payments upon approval of the parent . A student is 905
ineligible for a scholarship if the student's account has been 906
inactive for 2 consecutive fiscal years. 907
14. Recover funds improperly received or retained by a 908
parent. Funds are considered improperly re ceived or retained 909
when the parent's student is enrolled and in attendance at a 910
public school. 911
(c) An eligible nonprofit scholarship -funding organization 912
may, from eligible contributions received pursuant to s. 913
1002.395(6)(l)1., use an amount not to exceed 2.5 percent of the 914
total amount of all scholarships funded under this section for 915
administrative expenses associated with performing functions 916
under this section. An organization that, for the prior fiscal 917
year, has complied with the expenditure requirements of s. 918
1002.395(6)(l)2. s. 1002.395(6)(l)3. may use an amount not to 919
exceed 3 percent. Such administrative expense amount is 920
considered within the 3 -percent limit on the total amount an 921
organization may use to administer scholarships under this 922
chapter. 923
(e) An eligible scholarship -funding organization may not 924
award a scholarship to a student in a school district in which 925
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the award will exceed 99 percent of the school district's share 926
of state funding through the Florida Education Finance Program 927
as calculated by the department. 928
(f) An eligible scholarship -funding organization shall 929
provide to the Auditor General any information or documentation 930
requested in connection with an operational audit conducted 931
pursuant to s. 11.45(2)(l) and with an audit of st udents funded 932
in the Florida Education Finance Program pursuant to s. 933
1010.305. 934
(g) An eligible scholarship -funding organization must use 935
the standard request forms for withdrawal provided by the 936
department pursuant to subsection (8). 937
(12) SCHOLARSHIP FUNDING AND PAYMENT. — 938
(a)1. The calculated scholarship amount for a 939
participating student determined eligible pursuant to paragraph 940
(3)(a) shall be based upon the grade level and school district 941
in which the student was assigned as 100 percent of the fun ds 942
per unweighted full-time equivalent in the Florida Education 943
Finance Program for a student in the basic program established 944
pursuant to s. 1011.62(1)(c)1., plus a per -full-time equivalent 945
share of funds for the categorical programs established in s. 946
1011.62(5), (7)(a), and (16), as funded in the General 947
Appropriations Act. 948
2.a. For renewing scholarship students, the organization 949
must submit the verified list of scholarship students eligible 950
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to receive a quarterly payment to the department and, continge nt 951
upon compliance with subsection (8) verify the student's 952
continued eligibility to participate in the scholarship program 953
at least 30 days before each payment. Upon receiving the 954
verified list of eligible scholarship students , the department 955
shall release, from state funds only, the amount calculated 956
pursuant to subparagraph 1. to the organization for deposit into 957
the student's account in quarterly payments that are released on 958
no later than August 1, November 1, February 1, and April 1 of 959
each school year in which the scholarship is in force. The 960
department may not release state funds for scholarships outside 961
of the authorized quarterly payment schedule. 962
b. For new scholarship students, the organization must 963
submit the verified list of scholarship stude nts eligible to 964
receive a quarterly payment to the department and, contingent 965
upon compliance with subsection (8) verify the student's 966
eligibility to participate in the scholarship program at least 967
30 days before each payment. Upon receiving the verified l ist of 968
eligible scholarship students , the department shall release, 969
from state funds only, the amount calculated pursuant to 970
subparagraph 1. to the organization for deposit into the 971
student's account in quarterly payments that are released on no 972
later than September 1, November 1, February 1, and April 1 of 973
each school year in which the scholarship is in force. For a 974
student exiting a Department of Juvenile Justice commitment 975
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program who chooses to participate in the scholarship program, 976
the amount calculated pursuant to subparagraph 1. must be 977
transferred from the school district in which the student last 978
attended a public school before commitment to the Department of 979
Juvenile Justice. The department may not release state funds for 980
scholarships outside of t he authorized quarterly payment 981
schedule. 982
c. The department is authorized to release the state funds 983
contingent upon verification that the organization providing 984
written verification to the department and the Legislature that 985
the organization has complie d with the requirements of will 986
comply with s. 1002.395(6)(l) based upon the organization's 987
submitted verified list of eligible scholarship students 988
pursuant to s. 1002.395 . 989
d. The department may not release state funds to a 990
scholarship student who has n ot been assigned a Florida student 991
identification number pursuant to s. 1008.386. 992
3. The initial payment shall be made after the 993
organization's verification of admission acceptance, and 994
subsequent payments shall be made upon verification of continued 995
enrollment and attendance at the participating private school. 996
Payments for tuition and fees for full -time enrollment shall be 997
made within 7 business days after approval by the parent 998
pursuant to paragraph (10)(a) and the private school pursuant to 999
paragraph (9)(b). Payment must be by funds transfer or any other 1000
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means of payment that the department deems to be commercially 1001
viable or cost-effective. An organization shall ensure that the 1002
parent has approved a funds transfer before any scholarship 1003
funds are deposited. 1004
3.4. An organization may not transfer any funds to an 1005
account of a student determined eligible pursuant to paragraph 1006
(3)(a) which has a balance in excess of $24,000. 1007
(b)1. For the 2024-2025 school year, the maximum number of 1008
scholarships funded u nder paragraph (3)(b) shall be 72,615. 1009
Beginning in the 2025 -2026 school year, the maximum number of 1010
scholarships funded under paragraph (3)(b) shall annually 1011
increase by 5 percent of the state's total exceptional student 1012
education full-time equivalent student membership, not including 1013
gifted students. The maximum number of scholarships funded shall 1014
increase by 1 percent of the state's total exceptional student 1015
education full-time equivalent student membership, not including 1016
gifted students, in the school y ear following any school year in 1017
which the number of scholarships funded exceeds 95 percent of 1018
the number of available scholarships for that school year. An 1019
eligible student who meets any of the following requirements 1020
shall be excluded from the maximum num ber of students if the 1021
student: 1022
a. Received specialized instructional services under the 1023
Voluntary Prekindergarten Education Program pursuant to s. 1024
1002.66 during the previous school year and the student has a 1025
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current IEP developed by the district school board in accordance 1026
with rules of the State Board of Education; 1027
b. Is a dependent child of a law enforcement officer or a 1028
member of the United States Armed Forces, a foster child, or an 1029
adopted child; or 1030
c. Spent the prior school year in attendance at a Florida 1031
public school or the Florida School for the Deaf and the Blind. 1032
For purposes of this subparagraph, the term "prior school year 1033
in attendance" means that the student was enrolled and reported 1034
by: 1035
(I) A school district for funding during either the 1036
preceding October or February full -time equivalent student 1037
membership surveys in kindergarten through grade 12, which 1038
includes time spent in a Department of Juvenile Justice 1039
commitment program if funded under the Florida Education Finance 1040
Program; 1041
(II) The Florida School for the Deaf and the Blind during 1042
the preceding October or February full -time equivalent student 1043
membership surveys in kindergarten through grade 12; 1044
(III) A school district for funding during the preceding 1045
October or February full -time equivalent student membership 1046
surveys, was at least 4 years of age when enrolled and reported, 1047
and was eligible for services under s. 1003.21(1)(e); or 1048
(IV) Received a John M. McKay Scholarship for Students 1049
with Disabilities in the 2021 -2022 school year. 1050
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2. For a student who has a Level I to Level III matrix of 1051
services or a diagnosis by a physician or psychologist, the 1052
calculated scholarship amount for a student participating in the 1053
program must be based upon the grade level and school district 1054
in which the student would have been enrolled as the total funds 1055
per unweighted full-time equivalent in the Florida Education 1056
Finance Program for a student in the basic exceptional student 1057
education program pursuant to s. 1011.62(1)(c) and (d), plus a 1058
per full-time equivalent share of funds for the categorical 1059
programs established in s. 1011.62(5), (7)(a), (8), and (16), as 1060
funded in the General Appropriations Act. For the categorical 1061
program established in s. 1011.62(8), the funds must be 1062
allocated based on the school district's average exceptional 1063
student education guaranteed allocation funds per exceptional 1064
student education full -time equivalent student. 1065
3. For a student with a Level IV or Level V matrix of 1066
services, the calculated scholarship amount must be based upon 1067
the school district to which the student would have been 1068
assigned as the total funds per full -time equivalent for the 1069
Level IV or Level V exceptional student education program 1070
pursuant to s. 1011.62(1)(c)2.a. or b., plus a per -full time 1071
equivalent share of funds for the categorical programs 1072
established in s. 1011.62(5), (7)(a), and (16), as funded in the 1073
General Appropriations Act. 1074
4. For a student who received a Gardiner Scholarship 1075
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pursuant to former s. 1002.385 in the 2020 -2021 school year, the 1076
amount shall be the greater of the amount calculated pursuant to 1077
subparagraph 2. or the amount the student received for the 2020 -1078
2021 school year. 1079
5. For a student who received a John M. McKay Scholarship 1080
pursuant to former s. 1002.39 in the 2020 -2021 school year, the 1081
amount shall be the greater of the amount calculated pursuant to 1082
subparagraph 2. or the amount the student received for the 2020 -1083
2021 school year. 1084
6. The organization must verify the student's eligibility 1085
to participate in the scho larship program at least 30 days 1086
before each payment. 1087
6.7.a. For renewing scholarship students enrolled in an 1088
eligible private school , the organization must submit upon 1089
receiving the verified list of eligible scholarship students 1090
eligible to receive a qu arterly payment to the department and, 1091
contingent upon compliance with subsection (8) , the department 1092
shall release, from state funds only, the amount calculated 1093
pursuant to subparagraph 1. to the organization for deposit into 1094
the student's account in quar terly payments on no later than 1095
August 1, November 1, February 1, and April 1 of each school 1096
year in which the scholarship is in force. The department may 1097
not release state funds for scholarships outside of the 1098
designated quarterly payment schedule. 1099
b. For new scholarship students and renewing scholarship 1100
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students not enrolled in a private school , the organization must 1101
submit upon receiving the verified list of eligible scholarship 1102
students eligible to receive a quarterly payment to the 1103
department and, contingent upon compliance with subsection (8) , 1104
the department shall release, from state funds only, the amount 1105
calculated pursuant to subparagraph 1. to the organization . The 1106
organization shall for deposit into the student's account each 1107
in quarterly payment that is released on payments no later than 1108
September 1, November 1, February 1, and April 1 of each school 1109
year in which the scholarship is in force. The department may 1110
not release state funds for scholarships outside of the 1111
authorized quarterly payment schedule. 1112
c. The department may not release state funds to a 1113
scholarship student who has not been assigned a Florida student 1114
identification number pursuant to s. 1008.386. 1115
8. If a scholarship student is attending an eligible 1116
private school full time, t he initial payment shall be made 1117
after the organization's verification of admission acceptance, 1118
and subsequent payments shall be made upon verification of 1119
continued enrollment and attendance at the eligible private 1120
school. Payments for tuition and fees for full-time enrollment 1121
shall be made within 7 business days after approval by the 1122
parent pursuant to paragraph (10)(b) and the private school 1123
pursuant to paragraph (9)(b). 1124
7.9. Accrued interest in the student's account is in 1125
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addition to, and not part of, the released state awarded funds. 1126
Scholarship Program funds include both the released state 1127
awarded funds and accrued interest. 1128
8.10. The organization may develop a system for deposit 1129
payment of funds benefits by funds transfer, including, but not 1130
limited to, debit cards, electronic payment cards, or any other 1131
means of payment which the department deems to be commercially 1132
viable or cost-effective. A student's scholarship amount award 1133
may not be reduced for debit card or elect ronic payment fees. 1134
Commodities or services related to the development of such a 1135
system must be procured by competitive solicitation unless they 1136
are purchased from a state term contract pursuant to s. 287.056. 1137
9.11. An organization may not transfer any f unds to an 1138
account of a student determined to be eligible pursuant to 1139
paragraph (3)(b) which has a balance in excess of $50,000. 1140
10.12. Moneys received pursuant to this section do not 1141
constitute taxable income to the qualified student or the parent 1142
of the qualified student. 1143
(d) Within 45 30 days after each quarterly the release of 1144
state funds pursuant to paragraphs (a) and (b), the eligible 1145
scholarship-funding organization shall certify to the department 1146
the amount of state funds deposited into distributed for student 1147
scholarship accounts scholarships. If the amount of state funds 1148
released by the department is more than the amount deposited 1149
into student scholarship accounts distributed by the 1150
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organization, the department must is authorized to adjust the 1151
amount of the overpayment in the subsequent quarterly payment 1152
release. 1153
Section 3. Paragraph (b) of subsection (2), paragraphs (a) 1154
and (c) of subsection (4), paragraphs (d) through (h), (l), (p), 1155
(q), (t), and (x) of subsection (6), paragraphs (a) and ( b) of 1156
subsection (7), paragraphs (d) and (i) of subsection (9), and 1157
paragraphs (b), (c), and (d) of subsection (11) of section 1158
1002.395, Florida Statutes, are amended, and paragraphs (z) and 1159
(aa) are added to subsection (6) of that section, to read: 1160
1002.395 Florida Tax Credit Scholarship Program. — 1161
(2) DEFINITIONS.—As used in this section, the term: 1162
(b) "Choice navigator" means an individual who meets the 1163
requirements of sub-subparagraph (6)(d)5.g. (6)(d)4.g. and who 1164
provides consultations, at a mutua lly agreed upon location, on 1165
the selection of, application for, and enrollment in educational 1166
options addressing the academic needs of a student; curriculum 1167
selection; and advice on career and postsecondary education 1168
opportunities. However, nothing in this section authorizes a 1169
choice navigator to oversee or exercise control over the 1170
curricula or academic programs of a personalized education 1171
program. 1172
(4) SCHOLARSHIP PROHIBITIONS. —A student is not eligible 1173
for a scholarship while he or she is: 1174
(a) Enrolled full time in a public school, including, but 1175
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not limited to, the Florida School for the Deaf and the Blind, 1176
the College-Preparatory Boarding Academy, the Florida School for 1177
Competitive Academics, the Florida Virtual School, the Florida 1178
Scholars Academy, a developmental research school authorized 1179
under s. 1002.32, or a charter school authorized under this 1180
chapter. For purposes of this paragraph, a 3 - or 4-year-old 1181
child who receives services funded through the Florida Education 1182
Finance Program is considere d a student enrolled full time in a 1183
public school; 1184
(c) Receiving any other educational scholarship pursuant 1185
to this chapter. However, an eligible public school student 1186
receiving a scholarship under s. 1002.411 may receive a 1187
scholarship for transportation pursuant to subparagraph (6)(d)5. 1188
(6)(d)4.; 1189
(6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP -FUNDING 1190
ORGANIZATIONS.—An eligible nonprofit scholarship -funding 1191
organization: 1192
(d)1. For the 2023-2024 school year, may fund no more than 1193
20,000 scholarships for students who are enrolled pursuant to 1194
paragraph (7)(b). The number of scholarships funded for such 1195
students may increase by 40,000 in each subsequent school year 1196
pursuant paragraph (g) . This subparagraph is repealed July 1, 1197
2027. 1198
2. Shall establish a process for parents whose students 1199
received a scholarship in the prior year and who are in 1200
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compliance with paragraph (7)(a) to renew their students' 1201
scholarships. Renewal applications for the 2025 -2026 school year 1202
and thereafter must provide for a renewa l timeline beginning 1203
February 1 of the prior school year and ending April 30 of the 1204
prior school year. A student's renewal is contingent upon an 1205
eligible private school providing confirmation of admission 1206
pursuant to subsection (8). The process must requir e that 1207
parents confirm that the scholarship is being renewed and submit 1208
all required documentation for verifying eligibility that the 1209
scholarship is being renewed or declined by May 31. A parent's 1210
failure to comply with the May 31 deadline shall result in the 1211
scholarship being deemed declined. 1212
3.a. Shall establish a process that allows a parent to 1213
apply for a new scholarship which begins no earlier than 1214
February 1 of the prior school year and ends on November 15. 1215
Applications received after November 15 ma y be considered for 1216
scholarship award in the subsequent fiscal year . 1217
b. The process must be in a manner that creates a written 1218
or electronic record of the application request and the date of 1219
its receipt and includes all required documentation for 1220
verifying student eligibility of the application request. The 1221
process must require that parents confirm that the scholarship 1222
is being accepted or declined by a date set by the organization . 1223
4. Shall submit to the Department of Education the 1224
verified list of sch olarship students eligible to receive a 1225
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quarterly payment 30 days before the release of the quarterly 1226
payment established in subsection (11). Verification must 1227
include confirmation of withdrawal from a public school, if 1228
applicable, and inclusion of the Flo rida student identification 1229
number when assigned by the Department of Education. 1230
5.4. Must establish and maintain separate scholarship 1231
accounts from eligible contributions for each eligible student. 1232
For each account, the organization must maintain a reco rd of 1233
accrued interest retained in the student's account. The 1234
organization must verify that scholarship funds are used for: 1235
a. Tuition and fees for full -time or part-time enrollment 1236
in an eligible private school. 1237
b. Instructional materials, including d igital materials 1238
and Internet resources. 1239
c. Curriculum as defined in s. 1002.394(2). 1240
d. Tuition and fees associated with full -time or part-time 1241
enrollment in a home education instructional program; an 1242
eligible postsecondary educational institution or a program 1243
offered by the postsecondary educational institution, unless the 1244
program is subject to s. 1009.25 or reimbursed pursuant to s. 1245
1009.30; an approved preapprenticeship program as defined in s. 1246
446.021(5) which is not subject to s. 1009.25 and compli es with 1247
all applicable requirements of the Department of Education 1248
pursuant to chapter 1005; a private tutoring program authorized 1249
under s. 1002.43; a virtual program offered by a department -1250
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approved private online provider that meets the provider 1251
qualifications specified in s. 1002.45(2)(a); the Florida 1252
Virtual School as a private paying student; or an approved 1253
online course offered pursuant to s. 1003.499 or s. 1004.0961. 1254
e. Fees for nationally standardized, norm -referenced 1255
achievement tests, Advanced P lacement Examinations, industry 1256
certification examinations, assessments related to postsecondary 1257
education, or other assessments. 1258
f. Contracted services provided by a public school or 1259
school district, including classes. A student who receives 1260
contracted services under this sub -subparagraph is not 1261
considered enrolled in a public school for eligibility purposes 1262
as specified in subsection (11) but rather attending a public 1263
school on a part-time basis as authorized under s. 1002.44. A 1264
school district may not report a student who is receiving 1265
contracted services under this sub -subparagraph for funding in 1266
the Florida Education Finance Program. 1267
g. Tuition and fees for part -time tutoring services or 1268
fees for services provided by a choice navigator. Such services 1269
must be provided by a person who holds a valid Florida 1270
educator's certificate pursuant to s. 1012.56, a person who 1271
holds an adjunct teaching certificate pursuant to s. 1012.57, a 1272
person who has a bachelor's degree or a graduate degree in the 1273
subject area in which instruction is given, a person who has 1274
demonstrated a mastery of subject area knowledge pursuant to s. 1275
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1012.56(5), or a person certified by a nationally or 1276
internationally recognized research -based training program as 1277
approved by the Department of Education. As used in this 1278
paragraph, the term "part -time tutoring services" does not 1279
qualify as regular school attendance as defined in s. 1280
1003.01(16)(e). 1281
(e) For students determined eligible pursuant to paragraph 1282
(7)(b), must: 1283
1. Establish a process for parents who are in compliance 1284
with subparagraph (7)(b)1. to apply for a new scholarship. New 1285
scholarship applications for the 2025 -2026 school year and 1286
thereafter must provide for an application timeline beginning 1287
February 1 of the prior school year a nd ending April 30 of the 1288
prior school year. The process must require that parents confirm 1289
that the scholarship is being accepted or declined by May 31. A 1290
parent's failure to comply with the May 31 deadline shall result 1291
in the scholarship being deemed decl ined. 1292
2. Establish a process for parents whose students received 1293
a scholarship in the prior year who are in compliance with 1294
paragraph (7)(b) to renew their students' scholarships. Renewal 1295
scholarship applications for the 2025 -2026 school year and 1296
thereafter must provide for a renewal timeline beginning 1297
February 1 of the prior school year and ending April 30 of the 1298
prior school year. The process must require that parents confirm 1299
that the scholarship is being renewed and submit all required 1300
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documentation for verifying eligibility, including the updated 1301
student learning plan, or declined by May 31. A parent's failure 1302
to comply with the May 31 deadline shall result in the 1303
scholarship being deemed declined. 1304
3. Submit to the Department of Education the verified list 1305
of scholarship students eligible to receive a quarterly payment 1306
30 days before the release of the quarterly payment established 1307
in subsection (11). Verification must include confirmation of 1308
student withdrawal from a public school, if applicab le, and 1309
inclusion of the Florida student identification number when 1310
assigned by the Department of Education. 1311
4.3. Maintain a signed agreement from the parent which 1312
constitutes compliance with the attendance requirements under 1313
ss. 1003.01(16) and 1003.21( 1). 1314
5.4. Receive eligible student test scores and, beginning 1315
with the 2027-2028 school year, by August 15, annually report 1316
test scores for students pursuant to paragraph (7)(b) to a state 1317
university pursuant to paragraph (9)(f). 1318
6.5. Provide parents with information, guidance, and 1319
support to create and annually update a student learning plan 1320
for their student. The organization must maintain the plan and 1321
allow parents to electronically submit, access, and revise the 1322
plan continuously. 1323
6. Upon submission by the parent of an annual student 1324
learning plan, fund a scholarship for a student determined 1325
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eligible. 1326
(f) Must give first priority to eligible renewal students 1327
who received a scholarship funding from an eligible nonprofit 1328
scholarship-funding organization during the previous school 1329
year. The eligible nonprofit scholarship -funding organization 1330
must obligate fully apply and exhaust all funds pursuant to 1331
paragraph (l) available under this section for renewal 1332
scholarships scholarship awards before awarding any new initial 1333
scholarships. For purposes of this paragraph, the term 1334
"obligate" means to reserve funds for students determined 1335
eligible for funding in accordance with subsection (7). 1336
(g) Must award provide a new scholarship to an eligible 1337
student, including students determined eligible pursuant to 1338
paragraph (7)(b), on a first-come, first-served basis unless the 1339
student is seeking priority eligibility pursuant to subsection 1340
(3). 1341
(h) Must refer any student eligible for a scholarship 1342
pursuant to this section who did not receive a renewal or new 1343
initial scholarship based solely on the lack of available funds 1344
under this section to another eligible nonprofit scholarship -1345
funding organization that may have funds available. 1346
(l)1. May use eligible contributio ns received pursuant to 1347
this section and ss. 212.099, 212.1831, and 212.1832 during the 1348
state fiscal year in which such contributions are collected for 1349
administrative expenses if the organization has operated as an 1350
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eligible nonprofit scholarship -funding organization for at least 1351
the preceding 3 fiscal years and did not have any findings of 1352
material weakness or material noncompliance in its most recent 1353
audit under paragraph (o) or is in good standing in each state 1354
in which it administers a scholarship progra m and the audited 1355
financial statements for the preceding 3 fiscal years are free 1356
of material misstatements and going concern issues. 1357
Administrative expenses from eligible contributions may not 1358
exceed 3 percent of the total amount of all scholarships and 1359
stipends funded by an eligible scholarship -funding organization 1360
under this chapter. Such administrative expenses must be 1361
reasonable and necessary for the organization's management and 1362
distribution of scholarships funded under this chapter. 1363
Administrative expenses may include developing or contracting 1364
with rideshare programs or facilitating carpool strategies for 1365
recipients of a transportation scholarship under s. 1002.394. No 1366
funds authorized under this subparagraph shall be used for 1367
lobbying or political act ivity or expenses related to lobbying 1368
or political activity. Up to one -third of the funds authorized 1369
for administrative expenses under this subparagraph may be used 1370
for expenses related to the recruitment of contributions from 1371
taxpayers. An eligible nonpro fit scholarship-funding 1372
organization may not charge an application fee. 1373
2. Must expend for annual or partial -year scholarships 100 1374
percent of any eligible contributions from the prior fiscal 1375
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year. 1376
2.3. Must disburse expend for annual or partial -year 1377
scholarships an amount equal to or greater than 85 75 percent of 1378
all net eligible contributions, as defined in subsection (2), 1379
remaining after administrative expenses during the state fiscal 1380
year in which such eligible contributions are collected. No more 1381
than 15 25 percent of such net eligible contributions or the 1382
amount adopted by the Education Estimating Conference pursuant 1383
to s. 216.136(4), whichever is less, may be carried forward to 1384
the following state fiscal year. All amounts carried forward, 1385
for audit purposes, must be specifically identified for 1386
particular students, by student name and the name of the school 1387
to which the student is admitted, subject to the requirements of 1388
ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g, and the 1389
applicable rules and regulations issued pursuant thereto. Any 1390
amounts carried forward shall be expended for annual or partial -1391
year scholarships in the following state fiscal year. Eligible 1392
contributions remaining on June 30 of each year that are in 1393
excess of the 15 25 percent that may be carried forward shall be 1394
used to provide scholarships to eligible students or transferred 1395
to other eligible nonprofit scholarship -funding organizations to 1396
provide scholarships for eligible students. All transferred 1397
funds must be deposited by each eligible nonprofit scholarship -1398
funding organization receiving such funds into its scholarship 1399
account. All transferred amounts received by any eligible 1400
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nonprofit scholarship -funding organization must be separately 1401
disclosed in the annual financial audit required under paragraph 1402
(o). For purposes of this subparagraph and subparagraph 3., the 1403
term "disburse" means to pay scholarship funds to students 1404
verified as eligible in accordance with subsection (7). 1405
3. Must disburse 100 percent of all eligible contributions 1406
carried forward from the prior fiscal year, including eligible 1407
contributions transferred pursuant to subparagraph 2., for 1408
scholarships during the following fiscal year. 1409
4. Must, before awarding granting a scholarship for an 1410
academic year, document each scholarship student's eligibility 1411
for that academic year. A scholarship -funding organization may 1412
not grant multiyear scholarships in one approval process. 1413
(p) Must prepare and submit quarterly reports to the 1414
Department of Education pursuant to paragraph (9)(i). Within 30 1415
days after receipt of the quarterly report, the Department of 1416
Education shall submit a copy of the quarterly report to the 1417
Legislature In addition, an elig ible nonprofit scholarship -1418
funding organization must submit in a timely manner the verified 1419
list of eligible scholarship students and any information 1420
requested by the Department of Education relating to the 1421
scholarship program. 1422
(q)1.a. Must participate i n the joint development of 1423
agreed-upon procedures during the 2025-2026 2009-2010 state 1424
fiscal year. The agreed -upon procedures must uniformly apply to 1425
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all private schools and must determine, at a minimum, whether 1426
the private school has been verified as eli gible by the 1427
Department of Education under s. 1002.421; has an adequate 1428
accounting system, system of financial controls, process for 1429
verifying student attendance, and process for deposit and 1430
classification of scholarship funds; and has properly expended 1431
scholarship funds for education -related expenses. During the 1432
development of the procedures, the participating scholarship -1433
funding organizations shall specify guidelines governing the 1434
materiality of exceptions that may be found during the 1435
accountant's perform ance of the procedures. The procedures and 1436
guidelines shall be provided to private schools and the 1437
Commissioner of Education by March 15, 2026 2011. 1438
b. Must participate in a joint review of the agreed -upon 1439
procedures and guidelines developed under sub -subparagraph a., 1440
by February of each biennium, if the scholarship -funding 1441
organization provided more than $250,000 in scholarship funds 1442
under this chapter during the state fiscal year preceding the 1443
biennial review. If the procedures and guidelines are revise d, 1444
the revisions must be provided to private schools and the 1445
Commissioner of Education by March 15 of the year in which the 1446
revisions were completed. The revised agreed -upon procedures and 1447
guidelines shall take effect the subsequent school year. 1448
c. Must monitor the compliance of an eligible a 1449
participating private school with s. 1002.421(1)(q) if the 1450
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scholarship-funding organization provided the majority of the 1451
scholarship funding to the school. For each eligible 1452
participating private school subject to s. 1002.421(1)(q), the 1453
appropriate scholarship -funding organization shall annually 1454
notify the Commissioner of Education by October 30 of: 1455
(I) A private school's failure to submit a report required 1456
under s. 1002.421(1)(q); or 1457
(II) Any material exceptions set forth in the report 1458
required under s. 1002.421(1)(q). 1459
2. Must seek input from the accrediting associations that 1460
are members of the Florida Association of Academic Nonpublic 1461
Schools and the Department of Education when jointly developing 1462
the agreed-upon procedures and guidelines under sub -subparagraph 1463
1.a. and conducting a review of those procedures and guidelines 1464
under sub-subparagraph 1.b. 1465
(t)1. Must develop a purchasing handbook that includes 1466
policies for authorized uses of scholarship funds under 1467
paragraph (d) and s. 1002.394(4)(a). The handbook must include, 1468
at a minimum, a routinely updated list of prohibited items and 1469
services, and items or services that require preauthorization or 1470
additional documentation. Annually By August 1, 2024, and by 1471
each July 1 thereafter, the purchasing handbook must be provided 1472
to the Commissioner of Education and published on the eligible 1473
nonprofit scholarship -funding organization's website. Any 1474
revisions must be provided to the commissioner and published on 1475
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the organization's website within 30 days after such revisions. 1476
2. The organization shall assist the Florida Center for 1477
Students with Unique Abilities established under s. 1004.6495 1478
with the development of purchasing guidelines, which must 1479
include a routinely up dated list of prohibited items and 1480
services, and items or services for which preauthorization or 1481
additional documentation is required, for authorized uses of 1482
scholarship funds under s. 1002.394(4)(b) and publish the 1483
guidelines on the organization's website . Any approval or denial 1484
of items and services must be consistent with the purchasing 1485
guidelines developed by the center. 1486
3. If the organization fails to submit the purchasing 1487
handbook required by subparagraph 1., the Department of 1488
Education may assess a financial penalty, not to exceed $10,000, 1489
as prescribed by State Board of Education rule. This 1490
subparagraph expires July 1, 2026. 1491
(x) Beginning September 30, 2023, Must submit to the 1492
Department of Education quarterly reports that provide the 1493
estimated and actual amounts of the net eligible contributions, 1494
as defined in subsection (2), and all funds carried forward from 1495
the prior state fiscal year. Within 30 days after receipt of the 1496
quarterly report, the Department of Education shall submit a 1497
copy of the quarterly report to the Legislature. 1498
(z) Must recover funds improperly received or retained by 1499
a private school. Funds are considered improperly received or 1500
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retained when the private school verifies enrollment and 1501
attendance of a student enrolled and in attendance at a public 1502
school. 1503
(aa) Must use the standard request forms for withdrawal 1504
provided by the Department of Education pursuant to s. 1505
1002.394(8)(a)8. 1506
1507
Information and documentation provided to the Department of 1508
Education and the Auditor General relating to the identity of a 1509
taxpayer that provides an eligible contribution under this 1510
section shall remain confidential at all times in accordance 1511
with s. 213.053. 1512
(7) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 1513
PARTICIPATION.— 1514
(a) A parent who applies for a scholarship whose student 1515
will be enrolled full time in an eligible private school must: 1516
1. Select an eligible private school and apply for the 1517
admission of his or her child. 1518
2. Request the scholarship by the date established by the 1519
organization in a manner that creates a written or electronic 1520
record of the request and the date of receipt of the request. 1521
2.3.a. Beginning with new applications for the 2025 -2026 1522
school year and thereafter, comply with the application process 1523
established in paragraph (6)(d) and notify the nonprofit 1524
scholarship-funding organization that the scholarship is being 1525
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accepted by July 1 to be eligible for the first quarter payment, 1526
by September 1 to be eligible for the second quarter payment, 1527
and by December 1 to b e eligible for the third quarter payment. 1528
All notifications must include confirmation of the student's 1529
admission acceptance at an eligible private school pursuant to 1530
subsection (8). A scholarship is deemed declined if notification 1531
is not received by Decemb er 1 notify the organization by a date 1532
set by the organization that the scholarship is being accepted 1533
or declined. 1534
b. Beginning with renewal applications for the 2025 -2026 1535
school year and thereafter, notify the organization by May 31 1536
that the scholarship is being renewed by submitting all required 1537
documentation, including confirmation of the student's admission 1538
acceptance at an eligible private school pursuant to subsection 1539
(8). A scholarship is deemed or declined if notification is not 1540
received by May 31. 1541
3.4. Inform the applicable school district when the parent 1542
withdraws his or her student from a public school to attend an 1543
eligible private school. 1544
4.5. Require his or her student participating in the 1545
program to remain in attendance at the eligible private school 1546
throughout the school year unless excused by the school for 1547
illness or other good cause and comply with the private school's 1548
published policies. 1549
5.6. Meet with the eligible private school's principal or 1550
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the principal's designee to review the school's academic 1551
programs and policies, specialized services, code of student 1552
conduct, and attendance policies before enrollment. 1553
6.7. Require his or her student participating in the 1554
program to take the norm -referenced assessment offered by the 1555
eligible participating private school. The parent may also 1556
choose to have the student participate in the statewide 1557
assessments pursuant to s. 1008.22. If the paren t requests that 1558
the student participating in the program take statewide 1559
assessments pursuant to s. 1008.22 and the eligible 1560
participating private school has not chosen to offer and 1561
administer the statewide assessments, the parent is responsible 1562
for transporting the student to the assessment site designated 1563
by the school district. 1564
7.8. Approve each quarterly payment established in 1565
paragraph (11)(b) before the scholarship funds may be deposited 1566
by funds transfer. The parent may not designate any entity or 1567
individual associated with the eligible participating private 1568
school as the parent's attorney in fact to approve a funds 1569
transfer. A participant who fails to comply with this paragraph 1570
forfeits the scholarship. 1571
8.9. Authorize the nonprofit scholarship -funding 1572
organization to access information needed for income eligibility 1573
determination and verification held by other state or federal 1574
agencies, including the Department of Revenue, the Department of 1575
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Children and Families, the Department of Education, the 1576
Department of Commerce, and the Agency for Health Care 1577
Administration, for students seeking priority eligibility. 1578
9.10. Agree to have the organization commit scholarship 1579
funds on behalf of his or her student for tuition and fees for 1580
which the parent is resp onsible for payment at the eligible 1581
participating private school before using scholarship account 1582
funds for additional authorized uses under paragraph (6)(d). A 1583
parent is responsible for all eligible expenses in excess of the 1584
amount of the scholarship. 1585
10.11. Comply with the scholarship application and renewal 1586
processes and requirements established by this section the 1587
organization. 1588
(b) A parent whose student will not be enrolled full time 1589
in a public or private school must: 1590
1. Apply to an eligible non profit scholarship-funding 1591
organization to participate in the program as a personalized 1592
education student by a date set by the organization. The request 1593
must be communicated directly to the organization in a manner 1594
that creates a written or electronic reco rd of the request and 1595
the date of receipt of the request. Beginning with new and 1596
renewal applications for the 2025 -2026 school year and 1597
thereafter, comply with the application process established in 1598
paragraph (6)(e) a parent must notify the organization by May 31 1599
that the scholarship is being accepted, renewed, or declined .1600
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2. Sign an agreement with the organization and annually 1601
submit a sworn compliance statement to the organization to 1602
satisfy or maintain program eligibility, including eligibility 1603
to receive and spend program payments, by: 1604
a. Affirming that the program funds are used only for 1605
authorized purposes serving the student's educational needs, as 1606
described in paragraph (6)(d), and that they will not receive a 1607
payment, refund, or rebate of any fu nds provided under this 1608
section. 1609
b. Affirming that the parent is responsible for all 1610
eligible expenses in excess of the amount of the scholarship and 1611
for the education of his or her student. 1612
c. Submitting a student learning plan to the organization 1613
and revising the plan at least annually before program renewal. 1614
d. Requiring his or her student to take a nationally norm -1615
referenced test identified by the Department of Education, or a 1616
statewide assessment under s. 1008.22, and provide assessment 1617
results to the organization before the student's program 1618
renewal. 1619
e. Complying with the scholarship application and renewal 1620
processes and requirements established by this section the 1621
organization. A student whose participation in the program is 1622
not renewed may continue to spend scholarship funds that are in 1623
his or her account from prior years unless the account must be 1624
closed pursuant to s. 1002.394(5)(a)2. 1625
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f. Procuring the services necessary to educate the 1626
student. When the student receives a scholarship, the d istrict 1627
school board is not obligated to provide the student with a free 1628
appropriate public education. 1629
1630
For purposes of this paragraph, full -time enrollment does not 1631
include enrollment at a private school that addresses regular 1632
and direct contact with teac hers through the student learning 1633
plan in accordance with s. 1002.421(1)(i). 1634
1635
An eligible nonprofit scholarship -funding organization may not 1636
further regulate, exercise control over, or require 1637
documentation beyond the requirements of this subsection unless 1638
the regulation, control, or documentation is necessary for 1639
participation in the program. 1640
(9) DEPARTMENT OF EDUCATION OBLIGATIONS. —The Department of 1641
Education shall: 1642
(d)1. Assign a Florida student identification number to 1643
each eligible scholarship stud ent if the student has not 1644
previously been assigned a Florida student identification 1645
number. 1646
2. For parents in compliance with paragraph (7)(a), cross -1647
check each eligible nonprofit scholarship -funding organization's 1648
Notify eligible nonprofit scholarship -funding organizations of 1649
the deadlines for submitting the verified list of eligible 1650
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scholarship students to receive a quarterly payment pursuant to 1651
paragraph (11)(b) and the full -time equivalent student 1652
membership survey data pursuant to s. 1011.62(1)(a), to verify 1653
that the school district has not also reported the student as a 1654
public school student. If both the organization and a school 1655
district have reported the same full -time equivalent student for 1656
funding, the Department of Education must use the most r ecent 1657
student attendance records and reports data collected pursuant 1658
to s. 1003.23 to resolve the reporting duplication. The 1659
organization may not release scholarship funds until the 1660
reporting duplication has been resolved ; cross-check the 1661
verified list with the public school enrollment lists to avoid 1662
duplication; and, when the Florida Education Finance Program is 1663
recalculated, adjust the amount of state funds allocated to 1664
school districts through the Florida Education Finance Program 1665
based upon the results of the cross-check. 1666
3. For parents in compliance with paragraph (7)(b), cross -1667
check most recent student attendance records and reports data 1668
collected pursuant to s. 1003.23 and the full -time equivalent 1669
student membership survey data pursuant to s. 1011.6 2(1)(a); the 1670
most recent home education program data pursuant to s. 1002.41; 1671
and the most recent private school data pursuant to s. 1002.42 1672
before the eligible nonprofit scholarship -funding organization's 1673
release of each quarterly payment established in su bsection 1674
(11). If the cross-check results in a student also being 1675
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reported by a school district or a private school or registered 1676
in a home education program pursuant to s. 1002.41, the 1677
Department of Education must resolve the reporting duplication. 1678
The organization may not release scholarship funds until the 1679
reporting duplication has been resolved. 1680
(i) Require quarterly reports by an eligible nonprofit 1681
scholarship-funding organization regarding the number of 1682
students participating in the program; the private schools at 1683
which the students are enrolled; the number of scholarship 1684
applications received, the number of applications processed 1685
within 30 days after receipt, and the number of incomplete 1686
applications received; data related to reimbursement 1687
submissions, including the average number of days for a 1688
reimbursement to be reviewed and the average numbe r of days for 1689
a reimbursement to be approved; any parent input and feedback 1690
collected regarding the program; and any other information 1691
deemed necessary by the Department of Education. Within 30 days 1692
after receipt of each quarterly report, the Department of 1693
Education shall submit a copy of the report to the Legislature. 1694
(11) SCHOLARSHIP AMOUNT AND PAYMENT. — 1695
(b) Payment of the scholarship by the eligible nonprofit 1696
scholarship-funding organization shall be by funds transfer, 1697
including, but not limited to, debit cards, electronic payment 1698
cards, or any other means of payment that the Department of 1699
Education deems to be commercially viable or cost -effective. 1700
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Before the deposit of scholarship funds into a student's 1701
account, his or her parent must approve the tr ansfer of funds An 1702
eligible nonprofit scholarship -funding organization shall ensure 1703
that the parent has approved a funds transfer before any 1704
scholarship funds are deposited . 1705
(c)1.a. If a scholarship student is attending an eligible 1706
private school full ti me, the first quarterly initial payment 1707
shall be made after the organization's verification of admission 1708
acceptance and the Department of Education's completion of the 1709
cross-check required under subsection (9). , and 1710
b. Subsequent quarterly payments shall be made upon 1711
verification of continued enrollment and attendance at the 1712
eligible private school and completion of the cross -check 1713
required under subsection (9) . 1714
c. Payments shall be made within 7 business days after 1715
approval by the paren t pursuant to paragraph (7)(a) and the 1716
private school pursuant to paragraph (8)(b). 1717
2. If a scholarship student is not attending a private 1718
school, all quarterly payments shall be made after the 1719
organization's verification of eligibility and the Departmen t of 1720
Education's completion of the cross -check required under 1721
subsection (9). 1722
(d)1. For new scholarship students and renewing 1723
scholarship students not enrolled in a private school, payment 1724
of the scholarship shall be made by the eligible nonprofit 1725
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scholarship-funding organization on September 1, November 1, 1726
February 1, and April 1 of each school year in which the 1727
scholarship is in force no less frequently than on a quarterly 1728
basis. 1729
2. For renewing scholarship students enrolled in a private 1730
school, payment of the scholarship shall be made by the eligible 1731
nonprofit scholarship -funding organization on August 1, November 1732
1, February 1, and April 1 of each school year in which the 1733
scholarship is in force. 1734
Section 4. Paragraph (a) of subsection (3) of s ection 1735
1002.421, Florida Statutes, is amended to read: 1736
1002.421 State school choice scholarship program 1737
accountability and oversight. — 1738
(3) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS. —1739
The Commissioner of Education: 1740
(a) Shall deny, suspend, or revoke a private school's 1741
participation in a scholarship program if it is determined that 1742
the private school has failed to comply with this section , has 1743
failed to reimburse a scholarship -funding organization for funds 1744
improperly received, or exhibits a previous pattern of failure 1745
to comply. However, if the noncompliance is correctable within a 1746
reasonable amount of time, not to exceed 45 days, and if the 1747
health, safety, or welfare of the students is not threatened, 1748
the commissioner may issue a notice of non compliance which 1749
provides the private school with a timeframe within which to 1750
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provide evidence of compliance before taking action to suspend 1751
or revoke the private school's participation in the scholarship 1752
program. 1753
Section 5. Subsection (2) of section 1 008.386, Florida 1754
Statutes, is amended to read: 1755
1008.386 Florida student identification. — 1756
(2) The department shall establish a process for assigning 1757
a unique Florida student identification number to each student 1758
in the state, including students particip ating in a state 1759
scholarship program under chapter 1002. at which time A school 1760
district and an eligible nonprofit scholarship -funding 1761
organization administering the state scholarship program 1762
pursuant to chapter 1002 may not use social security numbers as 1763
student identification numbers in its management information 1764
systems. 1765
Section 6. Section 1010.305, Florida Statutes, is amended 1766
to read: 1767
1010.305 Audit of students funded in the Florida Education 1768
Finance Program student enrollment.— 1769
(1) The Auditor General shall annually periodically 1770
examine the records of school districts and eligible 1771
scholarship-funding organizations administering a state 1772
scholarship program pursuant to chapter 1002 , and other agencies 1773
as appropriate, to determine compliance with law and State Board 1774
of Education rules relating to the classification, assignment, 1775
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and verification of full -time equivalent students student 1776
enrollment and student transportation reported for funding in 1777
under the Florida Education Finance Program. 1778
(2) If it is determined that the approved criteria and 1779
procedures for the placement and reporting of full-time 1780
equivalent students and the conduct of programs have not been 1781
followed by the district or the scholarship-funding 1782
organization, appropriate adjustments in the full-time 1783
equivalent student count for that district and scholarship-1784
funding organization must be made, and any excess funds must be 1785
deducted from subsequent allocations of state funds to that 1786
district or scholarship-funding organization . As provided for by 1787
rule, if errors in a specific program of a district or a 1788
scholarship-funding organization recur in consecutive years due 1789
to lack of corrective action by the district or the scholarship-1790
funding organization , adjustments may be made based upon 1791
statistical estimates of error projected to the overall district 1792
or scholarship-funding organization program. 1793
Section 7. Section 1011.61, Florida Statutes, is amended 1794
to read: 1795
1011.61 Definitions. —Notwithstanding the provisions of s. 1796
1000.21, the followi ng terms are defined as follows for the 1797
purposes of the Florida Education Finance Program: 1798
(1) A "full-time equivalent student" in each program of 1799
the district is defined in terms of full -time students and part -1800
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time students as follows: 1801
(a) A "full-time student" is one student on the membership 1802
roll of one school program or a combination of school programs 1803
listed in s. 1011.62(1)(c) for the school year or the equivalent 1804
for: 1805
1. Instruction in a standard school, comprising not less 1806
than 900 net hours f or a student in or at the grade level of 4 1807
through 12, or not less than 720 net hours for a student in or 1808
at the grade level of kindergarten through grade 3 or in an 1809
authorized prekindergarten exceptional program; or 1810
2. Instruction comprising the appropr iate number of net 1811
hours set forth in subparagraph 1. for students who, within the 1812
past year, have moved with their parents for the purpose of 1813
engaging in the farm labor or fish industries, if a plan 1814
furnishing such an extended school day or week, or a com bination 1815
thereof, has been approved by the commissioner. Such plan may be 1816
approved to accommodate the needs of migrant students only or 1817
may serve all students in schools having a high percentage of 1818
migrant students. The plan described in this subparagraph is 1819
optional for any school district and is not mandated by the 1820
state. 1821
(b) A "part-time student" is a student on the active 1822
membership roll of a school program or combination of school 1823
programs listed in s. 1011.62(1)(c) who is less than a full -time 1824
student. A student who receives instruction in a school that 1825
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operates for less than the minimum term shall generate full -time 1826
equivalent student membership proportional to the amount of 1827
instructional hours provided by the school divided by the 1828
minimum term requirement as provided in s. 1011.60(2). 1829
(c)1. A "full-time equivalent student" is: 1830
a. A full-time student in any one of the programs listed 1831
in s. 1011.62(1)(c); or 1832
b. A combination of full -time or part-time students in any 1833
one of the programs listed in s. 1011.62(1)(c) which is the 1834
equivalent of one full -time student based on the following 1835
calculations: 1836
(I) A full-time student in a combination of programs 1837
listed in s. 1011.62(1)(c) shall be a fraction of a full -time 1838
equivalent membership in each speci al program equal to the 1839
number of net hours per school year for which he or she is a 1840
member, divided by the appropriate number of hours set forth in 1841
subparagraph (a)1. The difference between that fraction or sum 1842
of fractions and the maximum value as set fo rth in subsection 1843
(3) (4) for each full-time student is presumed to be the balance 1844
of the student's time not spent in a special program and shall 1845
be recorded as time in the appropriate basic program. 1846
(II) A prekindergarten student with a disability shall 1847
meet the requirements specified for kindergarten students. 1848
(III) A full-time equivalent student for students in 1849
kindergarten through grade 12 in a full -time virtual instruction 1850
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program under s. 1002.45 or a virtual charter school under s. 1851
1002.33 shall consist of six full-credit completions or the 1852
prescribed level of content that counts toward promotion to the 1853
next grade in programs listed in s. 1011.62(1)(c). Credit 1854
completions may be a combination of full -credit courses or half -1855
credit courses. 1856
(IV) A full-time equivalent student for students in 1857
kindergarten through grade 12 in a part -time virtual instruction 1858
program under s. 1002.45 shall consist of six full -credit 1859
completions in programs listed in s. 1011.62(1)(c)1. and 3. 1860
Credit completions may be a combination of full-credit courses 1861
or half-credit courses. 1862
(V) A Florida Virtual School full -time equivalent student 1863
shall consist of six full -credit completions or the prescribed 1864
level of content that counts toward promotion to the next grade 1865
in the programs listed in s. 1011.62(1)(c)1. and 3. for students 1866
participating in kindergarten through grade 12 part -time virtual 1867
instruction and the programs listed in s. 1011.62(1)(c) for 1868
students participating in kindergarten through grade 12 full -1869
time virtual instruction. Credit completions may be a 1870
combination of full-credit courses or half -credit courses. 1871
(VI) Each successfully completed full -credit course earned 1872
through an online course delivered by a district other than the 1873
one in which the student resides shall be calculated as 1/6 1874
FTE. 1875
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(VII) A full-time equivalent student for courses requiring 1876
passage of a statewide, standardized end -of-course assessment 1877
under s. 1003.4282 to earn a standard high school diploma shall 1878
be defined and reported based on th e number of instructional 1879
hours as provided in this subsection. 1880
(VIII) For students enrolled in a school district as a 1881
full-time student, the district may report 1/6 FTE for each 1882
student who passes a statewide, standardized end -of-course 1883
assessment without being enrolled in the corresponding course. 1884
2. A student in membership in a program scheduled for more 1885
or less than 180 school days or the equivalent on an hourly 1886
basis as specified by rules of the State Board of Education is a 1887
fraction of a full-time equivalent membership equal to the 1888
number of instructional hours in membership divided by the 1889
appropriate number of hours set forth in subparagraph (a)1.; 1890
however, for the purposes of this subparagraph, membership in 1891
programs scheduled for more than 180 days is limited to students 1892
enrolled in: 1893
a. Juvenile justice education programs. 1894
b. The Florida Virtual School. 1895
c. Virtual instruction programs and virtual charter 1896
schools for the purpose of course completion and credit recovery 1897
pursuant to ss. 1002. 45 and 1003.498. Course completion applies 1898
only to a student who is reported during the second or third 1899
membership surveys and who does not complete a virtual education 1900
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course by the end of the regular school year. The course must be 1901
completed no later tha n the deadline for amending the final 1902
student enrollment survey for that year. Credit recovery applies 1903
only to a student who has unsuccessfully completed a traditional 1904
or virtual education course during the regular school year and 1905
must retake the course in order to be eligible to graduate with 1906
the student's class. 1907
1908
The full-time equivalent student enrollment calculated under 1909
this subsection is subject to the requirements in subsection (3) 1910
(4). 1911
1912
The department shall determine and implement an equitable method 1913
of equivalent funding for schools operating under emergency 1914
conditions, which schools have been approved by the department 1915
to operate for less than the minimum term as provided in s. 1916
1011.60(2). 1917
(2) A "full-time equivalent student" is a student in 1918
grades 4 through 8 who is participating in a student -teacher 1919
adviser program conducted during homeroom period, who is a 1920
fraction of a full-time equivalent membership based on net hours 1921
in the program, with a maximum of 36 net hours in any fiscal 1922
year. Each district program shall be approved by the Department 1923
of Education. 1924
(2)(3) For the purpose of calculating the Florida 1925
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Education Finance Program, "current operation program," a 1926
student is in membership until he or she withdraws or until the 1927
close of the 11th consecutive school day of his or her absence, 1928
whichever comes first. 1929
(3)(4) The maximum value for funding a student in 1930
kindergarten through grade 12 or in a prekindergarten program 1931
for exceptional children as provided in s. 1003.21(1)(e) shall 1932
be the sum of the calculations in paragraphs (a), (b), and (c) 1933
as calculated by the department. 1934
(a) The sum of the student's full -time equivalent student 1935
membership value for the school year or the equivalent derived 1936
from paragraphs (1)(a) and (b), subparagra ph (1)(c)1., and sub-1937
subparagraphs (1)(c)2.b. and c. , and subsection (2). If the sum 1938
is greater than 1.0, the full -time equivalent student membership 1939
value for each program or course shall be reduced by an equal 1940
proportion so that the student's total full -time equivalent 1941
student membership value is equal to 1.0. 1942
(b) If the result in paragraph (a) is less than 1.0 full -1943
time equivalent student and the student has full -time equivalent 1944
student enrollment pursuant to sub -sub-subparagraph 1945
(1)(c)1.b.(VIII), calc ulate an amount that is the lesser of the 1946
value in sub-sub-subparagraph (1)(c)1.b.(VIII) or the value of 1947
1.0 less the value in paragraph (a). 1948
(c) The full-time equivalent student enrollment value in 1949
sub-subparagraph (1)(c)2.a. 1950
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(4)(5) The "Florida Education Finance Program" includes 1951
all programs and costs as provided in ss. 1003.03, 1011.62, 1952
1011.68, and 1011.685 and shall be used exclusively for current 1953
operation. 1954
(6) "Basic programs" include, but are not limited to, 1955
language arts, mathematics, art, m usic, physical education, 1956
science, and social studies. 1957
Section 8. Subsection (1), paragraph (b) of subsection 1958
(2), paragraph (a) of subsection (4), subsection (5), paragraphs 1959
(a) and (c) of subsection (7), subsection (8), paragraph (a) of 1960
subsection (9), and subsections (12), (13), and (15) through 1961
(18) of section 1011.62, Florida Statutes, are amended, and 1962
paragraph (c) is added to subsection (6) of that section, to 1963
read: 1964
1011.62 Funds for operation of schools. —If the annual 1965
allocation from the Flori da Education Finance Program to each 1966
district for operation of schools is not determined in the 1967
annual appropriations act or the substantive bill implementing 1968
the annual appropriations act, it shall be determined as 1969
follows: 1970
(1) COMPUTATION OF THE BASE FLORIDA EDUCATION FINANCE 1971
PROGRAM BASIC AMOUNT TO BE INCLUDED FOR OPERATION .—The following 1972
procedure shall be followed in determining the base Florida 1973
Education Finance Program for annual allocation to each district 1974
for operation: 1975
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(a)1. Determination of full-time equivalent membership. —1976
During the fiscal year each of several school weeks , including 1977
scheduled intersessions of a year -round school program during 1978
the fiscal year, each district shall complete four full -time 1979
equivalent a program membership surveys survey of each school 1980
shall be made by each district by aggregating the full -time 1981
equivalent student membership of each program by school and by 1982
district. 1983
a. Survey 1 shall cover the period from the beginning of 1984
the fiscal year to the beginning of the defined 180 -day school 1985
year. Survey 1 shall be conducted in the first full week of 1986
July, and all districts shall report their survey data to the 1987
department within 1 week after the completion of the survey. 1988
Districts shall report all final amended survey data to the 1989
department by September 30. 1990
b. Survey 2 shall cover the first 90 days of the 180 -day 1991
school year. Survey 2 shall be conducted in the third full w eek 1992
of September, and all districts shall report their survey data 1993
to the department within 1 week after the completion of the 1994
survey. Districts shall report all final amended survey data to 1995
the department by November 30. 1996
c. Survey 3 shall cover the seco nd 90 days of the 180 -day 1997
school year. Survey 3 shall be conducted in the third full week 1998
of January, and all districts shall report their survey data to 1999
the department within 1 week after the completion of the survey. 2000
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Districts shall report all final amen ded survey data to the 2001
department by March 30. 2002
d. Survey 4 shall cover the period from the end of the 2003
180-day school year to the end of the fiscal year. Survey 4 2004
shall be conducted in the third full week of June, and districts 2005
shall report their survey d ata to the department within 1 week 2006
after completion of the survey. Districts shall report all final 2007
amended survey data to the department by August 15 The 2008
department shall establish the number and interval of membership 2009
calculations, except that for basic and special programs such 2010
calculations shall not exceed nine for any fiscal year. The 2011
district's full-time equivalent membership shall be computed and 2012
currently maintained in accordance with regulations of the 2013
commissioner. 2014
2. All final reported full -time equivalent survey data 2015
must include the unduplicated count of both school district 2016
full-time equivalent students and full -time equivalent Family 2017
Empowerment Scholarship students. 2018
(b) Determination of base student allocation. —The base 2019
student allocation for the Florida Education Finance Program for 2020
kindergarten through grade 12 shall be determined annually by 2021
the Legislature and shall be that amount prescribed in the 2022
current year's General Appropriations Act. 2023
(c) Determination of programs. —Cost factors based on 2024
desired relative cost differences between the following programs 2025
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shall be established in the annual General Appropriations Act. 2026
The cost factor for secondary career education programs must be 2027
greater than the cost factor for basic programs grade 9 through 2028
12. The Commissioner of Education shall specify a matrix of 2029
services and intensity levels to be used by districts in the 2030
determination of the two weighted cost factors for exceptional 2031
students with the highest levels of need. For these students, 2032
the funding support level shall fund the exceptional students' 2033
education program, with the exception of extended school year 2034
services for students with disabilities. 2035
1. Basic programs.— 2036
a. Kindergarten and grades 1, 2, and 3. 2037
b. Grades 4, 5, 6, 7, a nd 8. 2038
c. Grades 9, 10, 11, and 12. 2039
2. Programs for exceptional students. — 2040
a. Support Level IV. 2041
b. Support Level V. 2042
3. Secondary career education programs. 2043
4. English for Speakers of Other Languages. 2044
(d) Funding model for exceptional student e ducation 2045
programs.—The funding model for exceptional student education 2046
programs shall include all of the following: 2047
1. For programs for exceptional students in support levels 2048
IV and V as established in paragraph (c), the funding model 2049
shall include program cost factors. 2050
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a. Exceptional education cost factors are determined by 2051
using a matrix of services to document the services that each 2052
support level IV and support level V exceptional student will 2053
receive. The nature and intensity of the services indicat ed on 2054
the matrix shall be consistent with the services described in 2055
each exceptional student's individual educational plan. 2056
b. In order to generate funds using one of the two 2057
weighted cost factors, a matrix of services must be completed at 2058
the time of the student's initial placement into an exceptional 2059
student education program and at least once every 3 years by 2060
personnel who have received approved training. Nothing listed in 2061
the matrix shall be construed as limiting the services a school 2062
district must provide in order to ensure that exceptional 2063
students are provided a free, appropriate public education. 2064
2. For students identified as exceptional in accordance 2065
with chapter 6A-6, Florida Administrative Code, who do not have 2066
a matrix of services as specifie d in subparagraph 1. and for 2067
students who are gifted in grades kindergarten through 8, the 2068
funding model shall include the funds generated on the basis of 2069
full-time equivalent student membership in the Florida Education 2070
Finance Program at the same funding level per student as 2071
provided for a basic student and additional funds provided by 2072
the exceptional student education guaranteed allocation 2073
established pursuant to subsection (8). 2074
3. For school districts with a full -time equivalent 2075
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student membership of f ewer than 10,000 and fewer than three 2076
full-time equivalent students in exceptional student education 2077
support levels IV and V, in addition to the program cost factors 2078
established in subparagraph 1., these students are eligible for 2079
the exceptional student ed ucation guaranteed allocation 2080
established pursuant to subsection (8). 2081
(e) Calculation of additional full -time equivalent 2082
membership for small school district exceptional student 2083
education.—An additional value per full -time equivalent student 2084
membership is provided to school districts with a full -time 2085
equivalent student membership of fewer than 10,000 and fewer 2086
than three full-time equivalent students in exceptional student 2087
education support levels IV and V. The Department of Education 2088
shall set the amount of the additional value based on documented 2089
evidence of the difference between the cost of the school 2090
district's exceptional student education support levels IV and V 2091
services and the applicable Florida Education Finance Program 2092
funds appropriated in the General Appropriations Act. The total 2093
statewide value may not exceed a value per weighted full -time 2094
equivalent student as specified in the General Appropriations 2095
Act. The additional value for an eligible school district shall 2096
not exceed three full -time equivalent students for each of the 2097
exceptional student education support levels IV and V. 2098
(e)(f) Small district factor. —An additional value per 2099
full-time equivalent student membership is provided to each 2100
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school district with a full -time equivalent student membership 2101
of fewer than 20,000 full -time equivalent students which is in a 2102
fiscally constrained county as described in s. 218.67(1). The 2103
amount of the additional value shall be specified in the General 2104
Appropriations Act. 2105
(f)(g) Education for speakers o f other languages.—A school 2106
district or a full-time virtual instruction program is eligible 2107
to report full-time equivalent student membership in the ESOL 2108
program in the Florida Education Finance Program provided the 2109
following conditions are met: 2110
1. The school district or the full -time virtual 2111
instruction program has a plan approved by the Department of 2112
Education. 2113
2. The eligible student is identified and assessed as 2114
limited English proficient based on assessment criteria. 2115
3.a. An eligible student may be reported for funding in 2116
the ESOL program for a base period of 3 years. However, a 2117
student whose English competency does not meet the criteria for 2118
proficiency after 3 years in the ESOL program may be reported 2119
for a fourth, fifth, and sixth year of fundin g, provided his or 2120
her limited English proficiency is assessed and properly 2121
documented prior to his or her enrollment in each additional 2122
year beyond the 3-year base period. 2123
b. If a student exits the program and is later 2124
reclassified as limited English pr oficient, the student may be 2125
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reported in the ESOL program for funding for an additional year, 2126
or extended annually for a period not to exceed a total of 6 2127
years pursuant to this paragraph, based on an annual evaluation 2128
of the student's status. 2129
4. An eligible student may be reported for funding in the 2130
ESOL program for membership in ESOL instruction in English and 2131
ESOL instruction or home language instruction in the basic 2132
subject areas of mathematics, science, social studies, and 2133
computer literacy. 2134
(g)(h) Small, isolated schools. —Districts that levy the 2135
maximum nonvoted discretionary millage, exclusive of millage for 2136
capital outlay purposes levied pursuant to s. 1011.71(2), may 2137
calculate full-time equivalent students for small, isolated 2138
district-operated schools by multiplying the number of 2139
unweighted full-time equivalent students times 2.75. The 2140
following schools may be considered small, isolated schools 2141
under this paragraph: 2142
1. A high school that is located at least 28 miles by the 2143
shortest route from another high school; has been serving 2144
students primarily in basic studies provided by sub -2145
subparagraphs (c)1.b. and c. and may include subparagraph (c)4.; 2146
and has a membership of at least 28, but no more than 100, 2147
students in grades 9 through 12; or 2148
2. A district elementary school with a grade configuration 2149
of kindergarten through grade 5, but which may also include 2150
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prekindergarten, grade 6, grade 7, or grade 8, that is located 2151
at least 35 miles by the shortest route from another elementary 2152
school within the district; has been serving students primarily 2153
in basic studies provided by sub -subparagraphs (c)1.a. and b. 2154
and may include subparagraph (c)4.; has a student population in 2155
which 75 percent or greater of students are eligible for free 2156
and reduced-price school lunch; and has a membership of at least 2157
28, but no more than 100, students. 2158
(h)(i) Calculation of full-time equivalent membership with 2159
respect to dual enrollment instruction. — 2160
1. Full-time equivalent students. —Students enrolled in 2161
dual enrollment instruction pursuant to s. 1007.271 may be 2162
included in calculations of full -time equivalent student 2163
memberships for basic programs for grades 9 through 12 by a 2164
district school board. Instructional time for dual enrollment 2165
may vary from 900 hours; howe ver, the full-time equivalent 2166
student membership value shall be subject to the provisions in 2167
s. 1011.61(3) s. 1011.61(4). Dual enrollment full -time 2168
equivalent student membership shall be calculated in an amount 2169
equal to the hours of instruction that would be necessary to 2170
earn the full-time equivalent student membership for an 2171
equivalent course if it were taught in the schoo l district. 2172
Students in dual enrollment courses may also be calculated as 2173
the proportional shares of full -time equivalent enrollments they 2174
generate for a Florida College System institution or university 2175
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conducting the dual enrollment instruction. Early adm ission 2176
students shall be considered dual enrollments for funding 2177
purposes. Students may be enrolled in dual enrollment 2178
instruction provided by an eligible independent college or 2179
university and may be included in calculations of full -time 2180
equivalent student memberships for basic programs for grades 9 2181
through 12 by a district school board. However, those provisions 2182
of law which exempt dual enrolled and early admission students 2183
from payment of instructional materials and tuition and fees, 2184
including laboratory fees, shall not apply to students who 2185
select the option of enrolling in an eligible independent 2186
institution. An independent college or university, which is not 2187
for profit, is accredited by a regional or national accrediting 2188
agency recognized by the United States Department of Education, 2189
and confers degrees as defined in s. 1005.02 shall be eligible 2190
for inclusion in the dual enrollment or early admission program. 2191
Students enrolled in dual enrollment instruction shall be exempt 2192
from the payment of tuition and fees, including laboratory fees. 2193
No student enrolled in college credit mathematics or English 2194
dual enrollment instruction shall be funded as a dual enrollment 2195
unless the student has successfully completed the relevant 2196
section of the entry -level examination required pursuant to s. 2197
1008.30. 2198
2. Additional full-time equivalent student membership. —For 2199
students enrolled in an early college program pursuant to s. 2200
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1007.273, a value of 0.08 0.16 full-time equivalent student 2201
membership shall be calculated for each student who completes a 2202
general education core course through the dual enrollment 2203
program with a grade of "A" or better. For students who are not 2204
enrolled in an early college program, a value of 0.04 0.08 full-2205
time equivalent student membership shall be c alculated for each 2206
student who completes a general education core course through 2207
the dual enrollment program with a grade of "A." A value of 0.04 2208
0.08 full-time equivalent student membership must be calculated 2209
for each student who completes a career course through the dual 2210
enrollment program with a grade of "A" in a pathway that leads 2211
to an industry certification that is included on the CAPE 2212
Industry Certification Funding List. In addition, a value of 2213
0.15 0.3 full-time equivalent student membership shall b e 2214
calculated for any student who receives an associate degree 2215
through the dual enrollment program with a 3.0 grade point 2216
average or better. This value shall be added to the total full -2217
time equivalent student membership in basic programs for grades 2218
9 through 12 in the subsequent fiscal year. This section shall 2219
be effective for credit earned by dually enrolled students for 2220
courses taken in the 2020 -2021 school year and each school year 2221
thereafter. If the associate degree described in this paragraph 2222
is earned in 2020-2021 following completion of courses taken in 2223
the 2020-2021 school year, then courses taken toward the degree 2224
as part of the dual enrollment program before 2020 -2021 may not 2225
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preclude eligibility for the 0.3 additional full -time equivalent 2226
student membership bonus. Each school district shall allocate at 2227
least 50 percent of the funds received from the dual enrollment 2228
bonus FTE funding, in accordance with this paragraph, to the 2229
schools that generated the funds to support student academic 2230
guidance and postsecondary readiness. 2231
3. Qualifying courses. —For the purposes of this paragraph, 2232
general education core courses are those that are identified in 2233
rule by the State Board of Education and in regulation by the 2234
Board of Governors pursuant to s. 1007.25(3). 2235
(i)(j) Instruction in exploratory career education. —2236
Students in grades 7 through 12 who are enrolled for more than 2237
four semesters in exploratory career education may not be 2238
counted as full-time equivalent students for this instruction. 2239
(j)(k) Study hall.—A student who is enrolled in study hall 2240
may not be included in the calculation of full -time equivalent 2241
student membership for funding under this section. 2242
(k)(l) Calculation of additional full -time equivalent 2243
membership based on International Baccalau reate examination 2244
scores of students.—A value of 0.08 0.16 full-time equivalent 2245
student membership shall be calculated for each student enrolled 2246
in an International Baccalaureate course who receives a score of 2247
4 or higher on a subject examination. A value of 0.15 0.3 full-2248
time equivalent student membership shall be calculated for each 2249
student who receives an International Baccalaureate diploma. 2250
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Such value shall be added to the total full -time equivalent 2251
student membership in basic programs for grades 9 thro ugh 12 in 2252
the subsequent fiscal year. Each school district shall allocate 2253
80 percent of the funds received from International 2254
Baccalaureate bonus FTE funding to the school program whose 2255
students generate the funds and to school programs that prepare 2256
prospective students to enroll in International Baccalaureate 2257
courses. Funds shall be expended solely for the payment of 2258
allowable costs associated with the International Baccalaureate 2259
program. Allowable costs include International Baccalaureate 2260
annual school fees; International Baccalaureate examination 2261
fees; salary, benefits, and bonuses for teachers and program 2262
coordinators for the International Baccalaureate program and 2263
teachers and coordinators who prepare prospective students for 2264
the International Baccalaur eate program; supplemental books; 2265
instructional supplies; instructional equipment or instructional 2266
materials for International Baccalaureate courses; other 2267
activities that identify prospective International Baccalaureate 2268
students or prepare prospective stu dents to enroll in 2269
International Baccalaureate courses; and training or 2270
professional learning for International Baccalaureate teachers. 2271
School districts shall allocate the remaining 20 percent of the 2272
funds received from International Baccalaureate bonus FT E 2273
funding for programs that assist academically disadvantaged 2274
students to prepare for more rigorous courses. The school 2275
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district shall distribute to each classroom teacher who provided 2276
International Baccalaureate instruction: 2277
1. A bonus in the amount of $50 for each student taught by 2278
the International Baccalaureate teacher in each International 2279
Baccalaureate course who receives a score of 4 or higher on the 2280
International Baccalaureate examination. 2281
2. An additional bonus of $500 to each International 2282
Baccalaureate teacher in a school designated with a grade of "D" 2283
or "F" who has at least one student scoring 4 or higher on the 2284
International Baccalaureate examination, regardless of the 2285
number of classes taught or of the number of students scoring a 2286
4 or higher on the International Baccalaureate examination. 2287
2288
Bonuses awarded under this paragraph shall be in addition to any 2289
regular wage or other bonus the teacher received or is scheduled 2290
to receive. For such courses, the teacher shall earn an 2291
additional bonus of $50 for each student who has a qualifying 2292
score. 2293
(l)(m) Calculation of additional full -time equivalent 2294
membership based on Advanced International Certificate of 2295
Education examination scores of students. —A value of 0.08 0.16 2296
full-time equivalent studen t membership shall be calculated for 2297
each student enrolled in a full -credit Advanced International 2298
Certificate of Education course who receives a score of E or 2299
higher on a subject examination. A value of 0.04 0.08 full-time 2300
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equivalent student membership sh all be calculated for each 2301
student enrolled in a half -credit Advanced International 2302
Certificate of Education course who receives a score of E or 2303
higher on a subject examination. A value of 0.15 0.3 full-time 2304
equivalent student membership shall be calculate d for each 2305
student who receives an Advanced International Certificate of 2306
Education diploma. Such value shall be added to the total full -2307
time equivalent student membership in basic programs for grades 2308
9 through 12 in the subsequent fiscal year. Each school district 2309
shall allocate at least 80 percent of the funds received from 2310
the Advanced International Certificate of Education bonus FTE 2311
funding, in accordance with this paragraph, to the school 2312
program that generated the funds and to school programs 2313
administered by the University of Cambridge Local Examinations 2314
Syndicate that prepare prospective students to enroll in 2315
Advanced International Certificate of Education courses. These 2316
funds shall be expended solely for the payment of costs 2317
associated with the applic ation and registration process; 2318
program fees and site licenses; training, professional learning, 2319
salaries, benefits, and bonuses for instructional personnel and 2320
program coordinators; examination and diploma fees; membership 2321
fees; supplemental books; instru ctional supplies, materials, and 2322
equipment; and other activities that identify prospective 2323
Advanced International Certificate of Education students or 2324
prepare prospective students to enroll in Advanced International 2325
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Certificate of Education courses. The sc hool district shall 2326
distribute to each classroom teacher who provided Advanced 2327
International Certificate of Education or International General 2328
Certificate of Secondary Education (pre -AICE) instruction: 2329
1. A bonus in the amount of $50 for each student tau ght by 2330
the Advanced International Certificate of Education teacher in 2331
each Advanced International Certificate of Education course who 2332
receives a score of E or higher on the Advanced International 2333
Certificate of Education examination. A bonus in the amount of 2334
$25 for each student taught by the pre -AICE teacher in each pre -2335
AICE course who receives a score of E or higher on the pre -AICE 2336
examination. 2337
2. An additional bonus of $500 to each Advanced 2338
International Certificate of Education teacher in a school 2339
designated with a grade of "D" or "F" who has at least one 2340
student scoring E or higher on the Advanced International 2341
Certificate of Education examination, regardless of the number 2342
of classes taught or of the number of students scoring an E or 2343
higher on the Advanced International Certificate of Education 2344
examination. 2345
3. Additional bonuses of $250 each to teachers of pre -AICE 2346
classes in a school designated with a grade of "D" or "F" which 2347
has at least one student scoring an E or higher on the pre -AICE 2348
examination in that class. Teachers receiving an award under 2349
subparagraph 2. are not eligible for a bonus under this 2350
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subparagraph. 2351
2352
Bonuses awarded to a teacher according to this paragraph shall 2353
be in addition to any regular wage or other bonus the teacher 2354
received or is scheduled to receive. 2355
(m)(n) Calculation of additional full -time equivalent 2356
membership based on college board advanced placement scores of 2357
students and earning college board advanced placement capstone 2358
diplomas.—A value of 0.08 0.16 full-time equivalent student 2359
membership shall be calculated for each student in each advanced 2360
placement course who receives a score of 3 or higher on the 2361
College Board Advanced Placement Examination for the prior year 2362
and added to the total full -time equivalent student membership 2363
in basic programs for grades 9 through 12 in the subsequent 2364
fiscal year. A value of 0.15 0.3 full-time equivalent student 2365
membership shall be calculated for each student who receives a 2366
College Board Advanced Placement Capstone Diploma and meets the 2367
requirements for a standard high school diploma under s. 2368
1003.4282. Such value shall be added to the total full -time 2369
equivalent student membership in basic programs for grades 9 2370
through 12 in the subsequent fiscal year. Each district must 2371
allocate at least 80 percent of the funds provided to the 2372
district for advanced placement instruction, in accordance with 2373
this paragraph, to the high school that generates the funds. The 2374
school district shall distribute to each classroom teacher who 2375
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provided advanced placement instruction: 2376
1. A bonus in the amount of $50 for each student taught by 2377
the Advanced Placement teacher in each advanced placement course 2378
who receives a score of 3 or higher on the College Board 2379
Advanced Placement Examination. 2380
2. An additional bonus of $500 to each Advanced Placement 2381
teacher in a school designated with a grade of "D" or "F" who 2382
has at least one student scoring 3 or higher on the College 2383
Board Advanced Placement Examination, regardless of the number 2384
of classes taught or of the n umber of students scoring a 3 or 2385
higher on the College Board Advanced Placement Examination. 2386
2387
Bonuses awarded under this paragraph shall be in addition to any 2388
regular wage or other bonus the teacher received or is scheduled 2389
to receive. For such courses, th e teacher shall earn an 2390
additional bonus of $50 for each student who has a qualifying 2391
score. 2392
(n)(o) Calculation of additional full -time equivalent 2393
membership based on successful completion of a career -themed 2394
course pursuant to ss. 1003.491 -1003.493, or courses with 2395
embedded CAPE industry certifications or CAPE Digital Tool 2396
certificates, and issuance of industry certification identified 2397
on the CAPE Industry Certification Funding List pursuant to 2398
rules adopted by the State Board of Education or CAPE Digital 2399
Tool certificates pursuant to s. 1003.4203. — 2400
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1.a. A value of 0.0125 0.025 full-time equivalent student 2401
membership shall be calculated for CAPE Digital Tool 2402
certificates earned by students in elementary and middle school 2403
grades. 2404
b. A value of 0.05 0.1 or 0.1 0.2 full-time equivalent 2405
student membership shall be calculated for each student who 2406
completes a course as defined in s. 1003.493(1)(b) or courses 2407
with embedded CAPE industry certifications and who is issued an 2408
industry certification identified annu ally on the CAPE Industry 2409
Certification Funding List approved under rules adopted by the 2410
State Board of Education. A value of 0.1 0.2 full-time 2411
equivalent membership shall be calculated for each student who 2412
is issued a CAPE industry certification that has a statewide 2413
articulation agreement for college credit approved by the State 2414
Board of Education. For CAPE industry certifications that do not 2415
articulate for college credit, the Department of Education shall 2416
assign a full-time equivalent value of 0.05 0.1 for each 2417
certification. Middle grades students who earn additional FTE 2418
membership for a CAPE Digital Tool certificate pursuant to sub -2419
subparagraph a. may not rely solely on the previously funded 2420
examination to satisfy the requirements for earning an industry 2421
certification under this sub -subparagraph. The State Board of 2422
Education shall include the assigned values on the CAPE Industry 2423
Certification Funding List under rules adopted by the state 2424
board. Such value shall be added to the total full -time 2425
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equivalent student membership for grades 6 through 12 in the 2426
subsequent year. CAPE industry certifications earned through 2427
dual enrollment must be reported and funded pursuant to s. 2428
1011.80. However, if a student earns a certification through a 2429
dual enrollment course a nd the certification is not a fundable 2430
certification on the postsecondary certification funding list, 2431
or the dual enrollment certification is earned as a result of an 2432
agreement between a school district and a nonpublic 2433
postsecondary institution, the bonus value shall be funded in 2434
the same manner as other nondual enrollment course industry 2435
certifications. In such cases, the school district may provide 2436
for an agreement between the high school and the technical 2437
center, or the school district and the postsecond ary institution 2438
may enter into an agreement for equitable distribution of the 2439
bonus funds. 2440
c. A value of 0.15 0.3 full-time equivalent student 2441
membership shall be calculated for student completion of at 2442
least three courses and an industry certification in a single 2443
career and technical education program or program of study. 2444
d. A value of 0.25 0.5 full-time equivalent student 2445
membership shall be calculated for CAPE Acceleration Industry 2446
Certifications that articulate for 15 to 29 college credit 2447
hours, and 0.5 1.0 full-time equivalent student membership shall 2448
be calculated for CAPE Acceleration Industry Certifications that 2449
articulate for 30 or more college credit hours pursuant to CAPE 2450
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Acceleration Industry Certifications approved by the 2451
commissioner pursuant to ss. 1003.4203(4) and 1008.44. 2452
2. Each district must allocate at least 80 percent of the 2453
funds provided for CAPE industry certification, in accordance 2454
with this paragraph, to the program that generated the funds, 2455
and any remaining funds provided for CAPE industry certification 2456
for school district career and technical education programs. 2457
This allocation may not b e used to supplant funds provided for 2458
basic operation of the program. 2459
3. For CAPE industry certifications earned in the 2013 -2460
2014 school year and in subsequent years, the school district 2461
shall distribute to each classroom teacher who provided direct 2462
instruction toward the attainment of a CAPE industry 2463
certification that qualified for additional full -time equivalent 2464
membership under subparagraph 1.: 2465
a. A bonus of $25 for each student taught by a teacher who 2466
provided instruction in a course that led to th e attainment of a 2467
CAPE industry certification on the CAPE Industry Certification 2468
Funding List with a weight of 0.05 0.1. 2469
b. A bonus of $50 for each student taught by a teacher who 2470
provided instruction in a course that led to the attainment of a 2471
CAPE industry certification on the CAPE Industry Certification 2472
Funding List with a weight of 0.1 0.2. 2473
c. A bonus of $75 for each student taught by a teacher who 2474
provided instruction in a course that led to the attainment of a 2475
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CAPE industry certification on the CA PE Industry Certification 2476
Funding List with a weight of 0.15 0.3. 2477
d. A bonus of $100 for each student taught by a teacher 2478
who provided instruction in a course that led to the attainment 2479
of a CAPE industry certification on the CAPE Industry 2480
Certification Funding List with a weight of 0.25 0.5 or 0.5 1.0. 2481
2482
Bonuses awarded pursuant to this paragraph shall be provided to 2483
teachers who are employed by the district in the year in which 2484
the additional FTE membership calculation is included in the 2485
calculation. Bonuses shall be calculated based upon the 2486
associated weight of a CAPE industry certification on the CAPE 2487
Industry Certification Funding List for the year in which the 2488
certification is earned by the student. Any bonus awarded to a 2489
teacher pursuant to this par agraph is in addition to any regular 2490
wage or other bonus the teacher received or is scheduled to 2491
receive. A bonus may not be awarded to a teacher who fails to 2492
maintain the security of any CAPE industry certification 2493
examination or who otherwise violates th e security or 2494
administration protocol of any assessment instrument that may 2495
result in a bonus being awarded to the teacher under this 2496
paragraph. 2497
(o)(p) Calculation of additional full -time equivalent 2498
membership based upon early high school graduation. —Each school 2499
district may receive funding for each student who graduates 2500
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early pursuant to s. 1003.4281. A district may earn 0.125 0.25 2501
additional FTE for a student who graduates one semester in 2502
advance of the student's cohort and 0.25 0.5 additional FTE for 2503
a student who graduates 1 year or more in advance of the 2504
student's cohort. If the student was enrolled in the district as 2505
a full-time high school student for at least 2 years, the 2506
district shall report the additional FTE for payment in the 2507
subsequent fiscal year. If the student was enrolled in the 2508
district for less than 2 years, the district of enrollment shall 2509
report the additional FTE and shall transfer a proportionate 2510
share of the funds earned for early graduation to the district 2511
in which the student was previously enrolled. Additional FTE 2512
included in the 2014 -2015 Florida Education Finance Program for 2513
early graduation shall be reported and funded pursuant to this 2514
paragraph. 2515
(p)(q) Year-round-school programs.—The Commissioner of 2516
Education is authorized t o adjust student eligibility 2517
definitions, funding criteria, and reporting requirements of 2518
statutes and rules in order that year -round-school programs may 2519
achieve equivalent application of funding requirements with non -2520
year-round-school programs. 2521
(q)(r) Extended-school-year program.—It is the intent of 2522
the Legislature that students be provided additional instruction 2523
by extending the school year to 210 days or more. Districts may 2524
apply to the Commissioner of Education for funds to be used in 2525
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planning and implementing an extended -school-year program. 2526
(r)(s) Determination of the base Florida Education Finance 2527
Program basic amount for current operation .—The base basic 2528
amount for current operation to be included in the Florida 2529
Education Finance Program for kin dergarten through grade 12 for 2530
each district shall be the product of the following: 2531
1. The full-time equivalent student membership in each 2532
program, multiplied by 2533
2. The cost factor for each program as provided in, 2534
adjusted for the maximum as provided b y paragraph (c), added to 2535
3. The additional full -time equivalent membership weights 2536
provided in paragraphs (g), (h), (k), (l), (m), (n), and (o), 2537
multiplied by 2538
4.3. The comparable wage factor, if applicable, multiplied 2539
by 2540
5.4. The small district fact or, if applicable, and 2541
multiplied by 2542
6.5. The base student allocation. 2543
(t) Computation for funding through the Florida Education 2544
Finance Program.—The State Board of Education may adopt rules 2545
establishing programs, industry certifications, and courses f or 2546
which the student may earn credit toward high school graduation 2547
and the criteria under which a student's industry certification 2548
or grade may be rescinded. 2549
(2) DETERMINATION OF COMPARABLE WAGE FACTOR. — 2550
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(b) The comparable wage factor for each school d istrict is 2551
used in the calculation of the base Florida Education Finance 2552
Program basic amount for current operation pursuant to 2553
subsection (1) if the comparable wage factor is greater than 2554
1.000. 2555
(4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT. —The 2556
Legislature shall prescribe the aggregate required local effort 2557
for all school districts collectively as an item in the General 2558
Appropriations Act for each fiscal year. The amount that each 2559
district shall provide annually toward the cost of the Florida 2560
Education Finance Program for kindergarten through grade 12 2561
programs shall be calculated as follows: 2562
(a) Estimated taxable value calculations. — 2563
1.a. Not later than 2 working days before July 19, the 2564
Department of Revenue shall certify to the Commissioner of 2565
Education its most recent estimate of the taxable value for 2566
school purposes in each school district and the total for all 2567
school districts in the state for the current calendar year 2568
based on the latest available data obtained from the local 2569
property appraisers. The value certified shall be the taxable 2570
value for school purposes for that year, and no further 2571
adjustments shall be made, except those made pursuant to 2572
paragraphs (c) and (d), or an assessment roll change required by 2573
final judicial decisions as spe cified in paragraph (15)(b). Not 2574
later than July 19, the Commissioner of Education shall compute 2575
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a millage rate, rounded to the next highest one one -thousandth 2576
of a mill, which, when applied to 96 percent of the estimated 2577
state total taxable value for scho ol purposes, would generate 2578
the prescribed aggregate required local effort for that year for 2579
all districts. The Commissioner of Education shall certify to 2580
each district school board the millage rate, computed as 2581
prescribed in this subparagraph, as the mini mum millage rate 2582
necessary to provide the district required local effort for that 2583
year. 2584
b. The General Appropriations Act shall direct the 2585
computation of the statewide adjusted aggregate amount for 2586
required local effort for all school districts collectiv ely from 2587
ad valorem taxes to ensure that no school district's revenue 2588
from required local effort millage will produce more than 85 90 2589
percent of the district's total Florida Education Finance 2590
Program calculation as calculated and adopted by the 2591
Legislature, and the adjustment of the required local effort 2592
millage rate of each district that produces more than 85 90 2593
percent of its total Florida Education Finance Program 2594
entitlement to a level that will produce only 85 90 percent of 2595
its total Florida Education Finance Program entitlement in the 2596
July calculation. 2597
2. On the same date as the certification in sub -2598
subparagraph 1.a., the Department of Revenue shall certify to 2599
the Commissioner of Education for each district: 2600
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a. Each year for which the property appraiser has 2601
certified the taxable value pursuant to s. 193.122(2) or (3), if 2602
applicable, since the prior certification under sub -subparagraph 2603
1.a. 2604
b. For each year identified in sub -subparagraph a., the 2605
taxable value certified by the appraiser pursuant to s. 2606
193.122(2) or (3), if applicable, since the prior certification 2607
under sub-subparagraph 1.a. This is the certification that 2608
reflects all final administrative actions of the value 2609
adjustment board. 2610
(5) DISCRETIONARY MILLAGE COMPRESSION SUPPLEMENT. —The 2611
Legislature shall prescribe in the General Appropriations Act, 2612
pursuant to s. 1011.71(1), the rate of nonvoted current 2613
operating discretionary millage that shall be used to calculate 2614
a discretionary millage compressio n supplement. If the 2615
prescribed millage generates an amount of funds per unweighted 2616
full-time equivalent student for the district that is less than 2617
the state average, the district shall receive an amount per 2618
full-time equivalent student that, when added to the funds per 2619
full-time equivalent student generated by the designated levy, 2620
shall equal the state average. The discretionary millage 2621
compression supplement shall be recalculated during the fiscal 2622
year pursuant to paragraph (1)(a). 2623
(6) STATE-FUNDED DISCRETIONARY CONTRIBUTION. —The state-2624
funded discretionary contribution is created to fund the 2625
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nonvoted discretionary millage for operations pursuant to s. 2626
1011.71(1) and (3) for developmental research schools (lab 2627
schools) established in s. 1002.32, charter s chools sponsored by 2628
a Florida College System institution or a state university 2629
pursuant to s. 1002.33(5), and the Florida Virtual School 2630
established in s. 1002.37. 2631
(c) The state-funded discretionary contribution shall be 2632
recalculated during the fiscal ye ar pursuant to paragraph 2633
(1)(a). 2634
(7) EDUCATIONAL ENRICHMENT ALLOCATION. — 2635
(a) The educational enrichment allocation is created to 2636
assist school districts in providing educational enrichment 2637
activities and services that support and increase the academic 2638
achievement of students in grades kindergarten through 12. 2639
Educational enrichment activities and services may be provided 2640
in a manner and at any time during or beyond the regular 180 -day 2641
term identified by the school district as being the most 2642
effective and efficient way to best help the student progress 2643
from grade to grade and graduate from high school. For fiscal 2644
year 2023-2024, the educational enrichment allocation shall 2645
consist of a base amount as specified in the General 2646
Appropriations Act. Beginning in fiscal year 2024-2025, the 2647
educational enrichment allocation shall consist of the base 2648
amount that includes a workload adjustment based on changes in 2649
the unweighted full-time equivalent membership. Beginning in 2650
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fiscal year 2025-2026, and each year there after, the statewide 2651
average base amount as specified in the General Appropriations 2652
Act shall be used for any new educational entity funded in the 2653
Florida Education Finance Program. 2654
(c) The educational enrichment allocation, to include the 2655
supplemental amount, shall be recalculated during the fiscal 2656
year pursuant to paragraph (1)(a). If the recalculated amount is 2657
greater than the amount provided in the General Appropriations 2658
Act, the allocation shall be prorated to the level provided to 2659
support the appropriation, based on each school district's 2660
proportionate share of the total allocation. 2661
(8) EXCEPTIONAL STUDENT EDUCATION GUARANTEED ALLOCATION. —2662
The exceptional student education guaranteed allocation is 2663
created to fund the additional costs of programs for exceptional 2664
students specified in subparagraphs subparagraph (1)(d)2. and 3. 2665
and shall be supplemental to the funds appropriated in the 2666
Florida Education Finance Program for the basic student funding 2667
level. 2668
(a) The amount of each school district's excep tional 2669
student education guaranteed allocation shall be the greater of 2670
either the school district's prior year exceptional student 2671
education guaranteed allocation funds per eligible full -time 2672
equivalent student or the exceptional student education 2673
guaranteed allocation factor as specified in the General 2674
Appropriations Act multiplied by the school district's total 2675
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number of eligible full -time equivalent students. 2676
(b) The exceptional student education guaranteed 2677
allocation shall be recalculated during the f iscal year pursuant 2678
to paragraph (1)(a) based on actual full -time equivalent student 2679
membership. If the recalculated amount is greater than the 2680
amount provided in the General Appropriations Act, the total 2681
shall be prorated to the level of the appropriation based on 2682
each school district's share of the total recalculated 2683
allocation amount. 2684
(9) CALCULATION OF SUPPLEMENTAL ALLOCATION FOR JUVENILE 2685
JUSTICE EDUCATION PROGRAMS. — 2686
(a) The total kindergarten through grade 12 weighted full -2687
time equivalent student m embership in juvenile justice education 2688
programs in each school district shall be multiplied by the 2689
amount of the state average class -size-reduction factor 2690
multiplied by the comparable wage factor for the school district 2691
established in subsection (2). An a mount equal to the sum of 2692
this calculation shall be allocated in the Florida Education 2693
Finance Program to each school district to supplement other 2694
sources of funding for students in juvenile justice education 2695
programs. The supplemental allocation for juven ile justice 2696
education programs shall be recalculated during the fiscal year 2697
pursuant to paragraph (1)(a). 2698
(12) SAFE SCHOOLS ALLOCATION. —A safe schools allocation is 2699
created to provide funding to assist school districts in their 2700
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compliance with ss. 1006.0 7-1006.12, with priority given to 2701
safe-school officers pursuant to s. 1006.12. Each school 2702
district shall receive a minimum safe schools allocation in an 2703
amount provided in the General Appropriations Act. Of the 2704
remaining balance of the safe schools alloca tion, one-third 2705
shall be allocated to school districts based on the most recent 2706
official Florida Crime Index provided by the Department of Law 2707
Enforcement and two-thirds shall be allocated based on each 2708
school district's proportionate share of the state's total 2709
unweighted full-time equivalent student enrollment. If a 2710
district school board is required by s. 1006.12 to assign a 2711
school resource officer or school safety officer to a charter 2712
school, the charter school's share of costs for such officer may 2713
not exceed the amount of funds allocated to the charter school 2714
under this subsection. The safe schools allocation shall be 2715
recalculated during the fiscal year pursuant to paragraph 2716
(1)(a). 2717
(13) MENTAL HEALTH ASSISTANCE ALLOCATION. —The mental 2718
health assistance allocation is created to provide funding to 2719
assist school districts in implementing their school -based 2720
mental health assistance program pursuant to s. 1006.041. These 2721
funds shall be allocated annually in the General Appropriations 2722
Act or other law to each eligible school district. Each school 2723
district shall receive a minimum of $100,000, with the remaining 2724
balance allocated based on each school district's proportionate 2725
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share of the state's total unweighted full -time equivalent 2726
student enrollment. The mental health assistance allocation 2727
shall be recalculated during the fiscal year pursuant to 2728
paragraph (1)(a). 2729
(15) TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT FOR 2730
CURRENT OPERATION.—The total annual state allocation to each 2731
district for current operatio n for the Florida Education Finance 2732
Program shall be distributed to districts pursuant to s. 1011.66 2733
and based on the results of the full -time equivalent membership 2734
surveys established in paragraph (1)(a) periodically in the 2735
manner prescribed in the Genera l Appropriations Act . 2736
(a) When the Florida Education Finance Program is 2737
recalculated pursuant to paragraph (1)(a), if the base funds 2738
appropriated for current operation of the Florida Education 2739
Finance Program and the categorical program funding, except f or 2740
the categorical funding provided in ss. 1011.685 and 1011.695 , 2741
including funds appropriated pursuant to subsection (18), are 2742
not sufficient to pay the state requirement in full, the 2743
department shall prorate the available state funds to each 2744
district in the following manner: 2745
1. To determine the amount that must be prorated among all 2746
school districts, subtract the sum of the recalculated base 2747
Florida Education Finance Program and the categorical programs, 2748
except for the categorical funding provided in ss . 1011.685 and 2749
1011.695, and any prior year adjustments pursuant to subsection 2750
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(17), from the corresponding amount of state funds appropriated 2751
in the General Appropriations Act. 2752
2. Each school district's amount of proration is 2753
calculated based on its pro portionate share of the base Florida 2754
Education Finance Program and categorical programs, except for 2755
the categorical programs established in ss. 1011.685 and 2756
1011.695. 2757
1. Determine the percentage of proration by dividing the 2758
sum of the total amount for c urrent operation, as provided in 2759
this paragraph for all districts collectively, and the total 2760
district required local effort into the sum of the state funds 2761
available for current operation and the total district required 2762
local effort. 2763
2. Multiply the per centage so determined by the sum of the 2764
total amount for current operation as provided in this paragraph 2765
and the required local effort for each individual district. 2766
3. From the product of such multiplication, subtract the 2767
required local effort of each di strict; and the remainder shall 2768
be the amount of state funds allocated to the district for 2769
current operation. However, no calculation subsequent to the 2770
appropriation shall result in negative state funds for any 2771
district. 2772
(b) The amount thus obtained shal l be the net annual 2773
allocation to each school district. However, if it is determined 2774
that any school district received an under allocation or over 2775
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allocation for any prior year because of an arithmetical error, 2776
assessment roll change required by final judi cial decision, 2777
full-time equivalent student membership error, or any allocation 2778
error revealed in an audit report, the allocation to that 2779
district shall be appropriately adjusted. An under allocation in 2780
a prior year caused by a school district's error may not be the 2781
basis for a positive allocation adjustment for the current year. 2782
Beginning with the 2011 -2012 fiscal year, If a special program 2783
cost factor is less than the basic program cost factor, an audit 2784
adjustment may not result in the reclassification of the special 2785
program FTE to the basic program FTE. If the Department of 2786
Education audit adjustment recommendation is based upon 2787
controverted findings of fact, the Commissioner of Education is 2788
authorized to establish the amount of the adjustment based on 2789
the best interests of the state. 2790
(c) The amount thus obtained shall represent the net 2791
annual state allocation to each district; however, 2792
notwithstanding any of the provisions herein, each district 2793
shall be guaranteed a minimum level of funding in the amoun t and 2794
manner prescribed in the General Appropriations Act. 2795
(16) STATE-FUNDED DISCRETIONARY SUPPLEMENT. — 2796
(a) The state-funded discretionary supplement is created 2797
to fund the nonvoted discretionary millage for operations 2798
pursuant to s. 1011.71(1) and (3) for students awarded a Family 2799
Empowerment Scholarship in accordance with s. 1002.394. To 2800
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calculate the state-funded discretionary supplement for 2801
inclusion in the amount of the scholarship funding: 2802
1. For fiscal year 2023 -2024, multiply the maximum 2803
allowable nonvoted discretionary millage for operations pursuant 2804
to s. 1011.71(1) and (3) by the value of 96 percent of the 2805
current year's taxable value for school purposes for the school 2806
district where the student is reported for purposes of the 2807
Florida Education Finance Program as appropriated in the General 2808
Appropriations Act; divide the result by the school district's 2809
total unweighted full -time equivalent membership as appropriated 2810
in the General Appropriations Act; and multiply the result by 2811
the total unweighted full-time equivalent membership associated 2812
with the number of Family Empowerment Scholarship students 2813
included in the school district's total unweighted full -time 2814
equivalent membership. A base amount as specified in the General 2815
Appropriations Act sha ll be added to this amount for purposes of 2816
calculating the total amount of the supplement. 2817
2. Beginning in fiscal year 2024 -2025 and thereafter, 2818
multiply the maximum allowable nonvoted discretionary millage 2819
for operations pursuant to s. 1011.71(1) and (3 ) by the value of 2820
96 percent of the current year's taxable value for school 2821
purposes for the school district where the student is reported 2822
for purposes of the Florida Education Finance Program as 2823
appropriated in the General Appropriations Act; divide the 2824
result by the school district's total unweighted full -time 2825
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equivalent membership as appropriated in the General 2826
Appropriations Act; and multiply the result by the total 2827
unweighted full-time equivalent membership associated with the 2828
number of Family Empowerm ent Scholarship students. The prior 2829
year's base amount shall be adjusted based on changes in the 2830
eligible number of unweighted full -time equivalent membership 2831
associated with the number of Family Empowerment Scholarship 2832
students. 2833
(b) The state-funded discretionary supplement shall be 2834
recalculated during the fiscal year pursuant to paragraph 2835
(1)(a). If the recalculated amount is greater than the amount 2836
provided in the General Appropriations Act, the allocation shall 2837
be prorated to the level provided to sup port the appropriation, 2838
based on each school district's proportionate share of the total 2839
allocation. 2840
(16)(17) CATEGORICAL FUNDS.— 2841
(a) If a district school board determines that some or all 2842
of the funds received for any of the categorical programs 2843
established in this section are needed to maintain or enhance 2844
school board-specified academic classroom instruction, maintain 2845
or expand career and technical education instruction, or improve 2846
school safety, the school district may consider and approve an 2847
amendment to the school district's operating budget by 2848
transferring the identified amount of the categorical funds to 2849
the appropriate account for expenditure. 2850
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(b) Each school district shall include in its annual 2851
financial report to the Department of Educat ion the amount of 2852
funds the school board transferred from each of the categorical 2853
funds identified in this subsection and the specific academic 2854
classroom instruction, career and technical education 2855
instruction, or school safety need for which the transferr ed 2856
funds were expended. The department shall provide instructions 2857
and specify the format to be used in submitting this required 2858
information as part of the district annual financial report. The 2859
department shall annually submit a report to the Legislature 2860
that identifies by school district and by categorical fund the 2861
amount transferred and the specific academic classroom or career 2862
and technical education activity or school safety need for which 2863
the funds were expended. 2864
(18) EDUCATIONAL ENROLLMENT STABILIZAT ION PROGRAM.— 2865
(a) The educational enrollment stabilization program is 2866
created to provide supplemental state funds as needed to 2867
maintain the stability of the operations of public schools in 2868
each school district and to protect districts, including charter 2869
schools, from financial instability as a result of changes in 2870
full-time equivalent student enrollment throughout the school 2871
year. 2872
(b) The Legislature shall annually appropriate funds in 2873
the General Appropriations Act to the Department of Education 2874
for this program in an amount necessary to maintain a projected 2875
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minimum balance of $250 million at the beginning of the upcoming 2876
fiscal year. The Department of Education shall use funds as 2877
appropriated to ensure that based on each recalculation of the 2878
Florida Education Finance Program pursuant to paragraph (1)(a), 2879
a school district's funds per unweighted full -time equivalent 2880
student are not less than the greater of either the school 2881
district's funds per unweighted full -time equivalent student as 2882
appropriated in the General Appropriations Act or the school 2883
district's funds per unweighted full -time equivalent student as 2884
recalculated based upon the receipt of the certified taxable 2885
value for school purposes pursuant to s. 1011.62(4). 2886
(c) Notwithstanding s. 216.301 and pursuant to s. 216.351, 2887
the unexpended balance of funds appropriated pursuant to this 2888
subsection which is not disbursed by June 30 of the fiscal year 2889
in which the funds are appropriated may be carried forward for 2890
up to 10 years after the effective date of the original 2891
appropriation. 2892
Section 9. Section 1011.622, Florida Statutes, is amended 2893
to read: 2894
1011.622 Adjustments for s tudents without a Florida 2895
student identification number. —The Florida Education Finance 2896
Program funding calculations, including the calculations 2897
authorized in ss. 1011.62, 1011.68, and 1011.685, shall include 2898
funding for a student , including a student enrol led in a public 2899
school and a student participating in a state scholarship 2900
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program pursuant to chapter 1002, only when all of the student's 2901
applicable records are reported to the Department of Education 2902
under a Florida student identification number. The Sta te Board 2903
of Education may adopt rules pursuant to ss. 120.536(1) and 2904
120.54 to implement this section. 2905
Section 10. Section 1011.65, Florida Statutes, is amended 2906
to read: 2907
1011.65 Recalculation of the Florida Education Finance 2908
Program Appropriation Allocation Conference.—Prior to the 2909
distribution of any funds appropriated in the General 2910
Appropriations Act for the K -12 Florida Education Finance 2911
Program formula and for the formula -funded categorical programs, 2912
the Commissioner of Education shall conduct an allocation 2913
conference. Conference principals shall include representatives 2914
of the Department of Education, the Executive Office of the 2915
Governor, and the appropriations committees of the Senate and 2916
the House of Representatives. Conference principals shall 2917
discuss and agree to all conventions, including rounding 2918
conventions, and methods of computation to be used to calculate 2919
Florida Education Finance Program and categorical entitlements 2920
of the districts for the fiscal year for which the 2921
appropriations are ma de. These conventions and calculation 2922
methods shall remain in effect until further agreements are 2923
reached in subsequent allocation conferences called by the 2924
commissioner for that purpose. The commissioner shall also, 2925
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Prior to each recalculation of Florida Education Finance Program 2926
pursuant to s. 1011.62(1)(a), the department shall and 2927
categorical allocations of the districts, provide to the 2928
Legislature and the Executive Office of the Governor conference 2929
principals with all data necessary for the Legislature and the 2930
Executive Office of the Governor to replicate the department's 2931
recalculation of the Florida Education Finance Program. The 2932
recalculated Florida Education Finance Program may not be 2933
provided to school districts until the Legislature and the 2934
Executive Office of the Governor provide written notification to 2935
the department that the recalculated Florida Education Finance 2936
Program complies with law those allocations precisely. This data 2937
shall include a matrix by district by program of all full -time 2938
equivalent changes made by the department as part of its 2939
administration of state full -time equivalent caps . 2940
Section 11. Section 1011.695, Florida Statutes, is created 2941
to read: 2942
1011.695 State-funded discretionary supplement. —The state-2943
funded discretionary su pplement is created to fund the nonvoted 2944
discretionary millage for operations pursuant to s. 1011.71(1) 2945
and (3) for students awarded Family Empowerment Scholarships in 2946
accordance with s. 1002.394. To calculate the state -funded 2947
discretionary supplement for inclusion in the amount of the 2948
scholarship funding: 2949
(1) Multiply the maximum allowable nonvoted discretionary 2950
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millage for operations pursuant to s. 1011.71(1) and (3) by the 2951
value of 96 percent of the current year's taxable value for 2952
school purposes for the district where the student is reported 2953
for purposes of funding in the Florida Education Finance Program 2954
as appropriated in the General Appropriations Act; divide the 2955
result by the district's total unweighted full -time equivalent 2956
membership as appropria ted in the General Appropriations Act; 2957
and multiply the result by the total unweighted full -time 2958
equivalent membership associated with the number of Family 2959
Empowerment Scholarship students included in the district's 2960
total unweighted full -time equivalent membership. The amount of 2961
the prior year's base amount shall be adjusted based on changes 2962
in the eligible number of unweighted full -time equivalent 2963
membership associated with the number of Family Empowerment 2964
Scholarship students. 2965
(2) The state-funded discretionary supplement shall be 2966
recalculated during the fiscal year pursuant to s. 2967
1011.62(1)(a). If the recalculated amount is greater than the 2968
amount provided in the General Appropriations Act, the 2969
allocation shall be prorated to the level provided to suppo rt 2970
the appropriation, based on each school district's proportionate 2971
share of the total allocation. 2972
Section 12. Paragraph (a) of subsection (1) of section 2973
110.1228, Florida Statutes, is amended to read: 2974
110.1228 Participation by small counties, small 2975
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municipalities, and district school boards located in small 2976
counties.— 2977
(1) As used in this section, the term: 2978
(a) "District school board" means a district school board 2979
located in a small county or a district school board that 2980
receives funding pursuant to s. 1011.62(1)(e) s. 1011.62(1)(f). 2981
Section 13. Subsection (6) of section 402.22, Florida 2982
Statutes, is amended to read: 2983
402.22 Education program for students who reside in 2984
residential care facilities operated by the Department of 2985
Children and Families or the Agency for Persons with 2986
Disabilities.— 2987
(6) Notwithstanding the provisions of s. 1001.42(4)(m), 2988
the educational program at the Marianna Sunland Center in 2989
Jackson County shall be operated by the Department of Education, 2990
either directly or throug h grants or contractual agreements with 2991
other public educational agencies. The annual state allocation 2992
to any such agency shall be computed pursuant to s. 1011.62(1), 2993
(2), and (16) (17) and allocated in the amount that would have 2994
been provided the local sc hool district in which the residential 2995
facility is located. 2996
Section 14. Paragraph (a) of subsection (9) of section 2997
1002.32, Florida Statutes, is amended to read: 2998
1002.32 Developmental research (laboratory) schools. — 2999
(9) FUNDING.—Funding for a lab school, including a charter 3000
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lab school, shall be provided as follows: 3001
(a) Each lab school shall receive state funds for 3002
operating purposes as provided in the Florida Education Finance 3003
Program as defined in s. 1011.61(4) s. 1011.61(5) based on the 3004
county in which the lab school is located and as specified in 3005
the General Appropriations Act. 3006
1. The nonvoted required local effort millage established 3007
pursuant to s. 1011.71(1) that would otherwise be required for 3008
lab schools shall be allocated from state funds . 3009
2. An equivalent amount of funds for the operating 3010
discretionary millage authorized pursuant to s. 1011.71(1) shall 3011
be allocated to each lab school through a state -funded 3012
discretionary contribution established pursuant to s. 3013
1011.62(6). 3014
Section 15. Paragraph (b) of subsection (17) of section 3015
1002.33, Florida Statutes, is amended to read: 3016
1002.33 Charter schools. — 3017
(17) FUNDING.—Students enrolled in a charter school, 3018
regardless of the sponsorship, shall be funded based upon the 3019
applicable program pursuant to s. 1011.62(1)(c), the same as 3020
students enrolled in other public schools in a school district. 3021
Funding for a charter lab school shall be as provided in s. 3022
1002.32. 3023
(b)1. Funding for students enrolled in a charter school 3024
sponsored by a school d istrict shall be the sum of the school 3025
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district's operating funds from the Florida Education Finance 3026
Program as defined in s. 1011.61(5) and the General 3027
Appropriations Act, including gross state and local funds, and 3028
funds from the school district's current operating discretionary 3029
millage levy; divided by total funded weighted full -time 3030
equivalent students in the school district; and multiplied by 3031
the weighted full-time equivalent students for the charter 3032
school. Charter schools whose students or programs me et the 3033
eligibility criteria in law are entitled to their proportionate 3034
share of categorical program funds included in the total funds 3035
available in the Florida Education Finance Program by the 3036
Legislature, including the student transportation allocation and 3037
the educational enrichment allocation. Total funding for each 3038
charter school shall be recalculated during the year to reflect 3039
the revised calculations under the Florida Education Finance 3040
Program by the state and the actual weighted full -time 3041
equivalent students reported by the charter school during the 3042
full-time equivalent student survey periods designated by the 3043
Commissioner of Education. For charter schools operated by a 3044
not-for-profit or municipal entity, any unrestricted current and 3045
capital assets identified in the charter school's annual 3046
financial audit may be used for other charter schools operated 3047
by the not-for-profit or municipal entity within the school 3048
district. For charter schools operated by a not -for-profit 3049
entity, any unrestricted current or capital assets identified in 3050
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the charter school's annual audit may be used for other charter 3051
schools operated by the not -for-profit entity which are located 3052
outside of the originating charter school's school district, but 3053
within the state, through an unfor givable loan that must be 3054
repaid within 5 years to the originating charter school by the 3055
receiving charter school. Unrestricted current assets shall be 3056
used in accordance with s. 1011.62, and any unrestricted capital 3057
assets shall be used in accordance with s. 1013.62(2). 3058
2.a. Funding for students enrolled in a charter school 3059
sponsored by a state university or Florida College System 3060
institution pursuant to paragraph (5)(a) shall be provided in 3061
the Florida Education Finance Program as defined in s. 3062
1011.61(5) and as specified in the General Appropriations Act. 3063
The calculation to determine the amount of state funds includes 3064
the sum of the basic amount for current operations established 3065
in s. 1011.62(1)(r) s. 1011.62(1)(s), the discretionary millage 3066
compression supplement established in s. 1011.62(5), and the 3067
state-funded discretionary contribution established in s. 3068
1011.62(6). Charter schools whose students or programs meet the 3069
eligibility criteria in law are entitled to t heir proportionate 3070
share of categorical program funds included in the total funds 3071
available in the Florida Education Finance Program. The Florida 3072
College System institution or state university sponsoring the 3073
charter school shall be the fiscal agent for the se funds, and 3074
all rules of the institution governing the budgeting and 3075
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expenditure of state funds shall apply to these funds unless 3076
otherwise provided by law or rule of the State Board of 3077
Education. 3078
(I) The nonvoted required local millage established 3079
pursuant to s. 1011.71(1) that would otherwise be required for 3080
the charter schools shall be allocated from state funds. 3081
(II) An equivalent amount of funds for the operating 3082
discretionary millage authorized pursuant to s. 1011.71(1) shall 3083
be allocated to each charter school through a state -funded 3084
discretionary contribution established pursuant to s. 3085
1011.62(6). 3086
(III) The comparable wage factor as provided in s. 3087
1011.62(2) shall be established as 1.000. 3088
b. Total funding for each charter school shall be 3089
recalculated during the year to reflect the revised calculations 3090
under the Florida Education Finance Program by the state and the 3091
actual weighted full -time equivalent students reported by the 3092
charter school during the full -time equivalent student survey 3093
periods designated by the Commissioner of Education. 3094
c. The Department of Education shall develop a tool that 3095
each state university or Florida College System institution 3096
sponsoring a charter school shall use for purposes of 3097
calculating the funding amount for each eligible charter school 3098
student. The total amount obtained from the calculation must be 3099
appropriated from state funds in the General Appropriations Act 3100
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to the charter school. 3101
d. Capital outlay funding for a charter school sponsored 3102
by a state university or Florida College System institution 3103
pursuant to paragraph (5)(a) is determined as follows: multiply 3104
the maximum allowable nonvoted discretionary millage under s. 3105
1011.71(2) by 96 percent of the current year's taxable value for 3106
school purposes for th e district in which the charter school is 3107
located; divide the result by the total full -time equivalent 3108
student membership; and multiply the result by the full -time 3109
equivalent student membership of the charter school. The amount 3110
obtained shall be the discre tionary capital improvement funds 3111
and shall be appropriated from state funds in the General 3112
Appropriations Act. 3113
Section 16. Paragraphs (a) and (f) of subsection (3) and 3114
paragraph (b) of subsection (9) of section 1002.37, Florida 3115
Statutes, are amended t o read: 3116
1002.37 The Florida Virtual School. — 3117
(3) Funding for the Florida Virtual School shall be 3118
provided as follows: 3119
(a)1. The calculation of "full -time equivalent student" 3120
shall be as prescribed in s. 1011.61(1)(c)1.b.(V) and is subject 3121
to s. 1011.61(3) s. 1011.61(4). 3122
2. For a student in a home education program, funding 3123
shall be provided in accordance with this subsection upon course 3124
completion if the parent verifies, upon enrollment for each 3125
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course, that the student is registered with the school district 3126
as a home education student pursuant to s. 1002.41(1)(a). 3127
(f) The Florida Virtual School shall receive state funds 3128
for operating purposes as provided in the General Appropriations 3129
Act. The calculation to determine the amount of state funds 3130
includes: the sum of the basic amount for current operations 3131
established in s. 1011.62(1)(r) s. 1011.62(1)(s), the 3132
discretionary millage compression supplement established in s. 3133
1011.62(5), the state -funded discretionary contribution 3134
established in s. 1011.62( 6), a per-full-time equivalent share 3135
of the exceptional student education guaranteed allocation 3136
established in s. 1011.62(8), and the mental health assistance 3137
allocation established in s. 1011.62(13). 3138
(9) 3139
(b) For students receiving part -time instruction in 3140
kindergarten through grade 5 and students receiving full -time 3141
instruction in kindergarten through grade 12 from the Florida 3142
Virtual School, the full -time equivalent student enrollment 3143
calculated under this subsection is subject to the requirements 3144
in s. 1011.61(3) s. 1011.61(4). 3145
Section 17. Paragraphs (a) and (b) of subsection (6) of 3146
section 1002.45, Florida Statutes, are amended to read: 3147
1002.45 Virtual instruction programs. — 3148
(6) VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER SCHOOL 3149
FUNDING.— 3150
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(a) All virtual instruction programs established pursuant 3151
to paragraph (1)(b) are subject to the requirements of s. 3152
1011.61(1)(c)1.b.(III), (IV), (VI), and (3) (4), and the school 3153
district providing the virtual instruction program shall report 3154
the full-time equivalent students in a manner prescribed by the 3155
department. A school district may report a full -time equivalent 3156
student for credit earned by a student who is enrolled in a 3157
virtual instruction course provided by the district which was 3158
completed after the end of the regular school year if the full -3159
time equivalent student is reported no later than the deadline 3160
for amending the final full -time equivalent student membership 3161
report for that year. 3162
(b) Students enrolled in a virtual instruction program 3163
shall be funded in the Florida Education Finance Program as 3164
provided in the General Appropriations Act. The calculation to 3165
determine the amount of funds for each student through the 3166
Florida Education Finance Program shall include the sum of the 3167
basic amount for current operations established in s. 3168
1011.62(1)(r) s. 1011.62(1)(s) and all categorical programs 3169
except for the categorical programs established in ss. 3170
1011.62(7) and, (12), and (16), 1011.68, and 1011.685. Students 3171
residing outside of the school distric t reporting the full -time 3172
equivalent virtual student shall be funded from state funds 3173
only. 3174
Section 18. Paragraph (a) of subsection (2) and 3175
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subsections (3) and (4) of section 1003.4203, Florida Statutes, 3176
are amended to read: 3177
1003.4203 Digital materia ls, CAPE Digital Tool 3178
certificates, and technical assistance. — 3179
(2) CAPE DIGITAL TOOL CERTIFICATES. —The department shall 3180
identify, in the CAPE Industry Certification Funding List under 3181
ss. 1003.492 and 1008.44, CAPE Digital Tool certificates that 3182
indicate a student's digital skills. The department shall notify 3183
each school district when the certificates are available. The 3184
certificates shall be made available to all public elementary 3185
and middle grades students. 3186
(a) Targeted skills to be mastered for the ce rtificate 3187
include digital skills that are necessary to the student's 3188
academic work and skills the student may need in future 3189
employment. CAPE Digital Tool certificates earned by students 3190
are eligible for additional full -time equivalent membership 3191
under s. 1011.62(1)(n)1.a. s. 1011.62(1)(o)1.a. 3192
(3) CAPE INDUSTRY CERTIFICATIONS. — 3193
(a) CAPE industry certifications, issued to middle school 3194
and high school students, which do not articulate for college 3195
credit, are eligible for additional full -time equivalent 3196
membership pursuant to s. 1011.62(1)(n)1.b. s. 1011.62(1)(o)1.b. 3197
(b) CAPE industry certifications, issued to high school 3198
students, which articulate for college credit, are eligible for 3199
additional full-time equivalent membership pursuant to s. 3200
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1011.62(1)(n)1.b. s. 1011.62(1)(o)1.b. 3201
(4) CAPE ACCELERATION. —Industry certifications that 3202
articulate for 15 or more college credit hours and, if 3203
successfully completed, are eligible for additional full -time 3204
equivalent membership under s. 1011.62(1)(n)1.d. s. 3205
1011.62(1)(o)1.d. Each approved industry certification must be 3206
specifically identified in the CAPE Industry Certification 3207
Funding List as a CAPE Acceleration Industry Certification. 3208
Section 19. Paragraph (l) of subsection (4) of section 3209
1003.485, Florida Statutes, is amended to read: 3210
1003.485 The New Worlds Reading Initiative. — 3211
(4) ADMINISTRATOR RESPONSIBILITIES. —The administrator 3212
shall: 3213
(l) Expend eligible contributions received only for the 3214
purchase and delivery of books and to implement the req uirements 3215
of this section, as well as for administrative expenses not to 3216
exceed 2 percent of total eligible contributions. 3217
Notwithstanding s. 1002.395(6)(l)2. s. 1002.395(6)(l)3., the 3218
administrator may carry forward up to 25 percent of eligible 3219
contributions made before January 1 of each state fiscal year 3220
and 100 percent of eligible contributions made on or after 3221
January 1 of each state fiscal year to the following state 3222
fiscal year for purposes authorized by this subsection. Any 3223
eligible contributions in e xcess of the allowable carry forward 3224
not used to provide additional books throughout the year to 3225
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eligible students shall revert to the state treasury. 3226
Section 20. Subsection (3) of section 1003.4935, Florida 3227
Statutes, is amended to read: 3228
1003.4935 Middle grades career and professional academy 3229
courses and career-themed courses.— 3230
(3) CAPE Digital Tool certificates and CAPE industry 3231
certifications offered in the middle grades that are included on 3232
the CAPE Industry Certification Funding List, if earned by 3233
students, are eligible for additional full -time equivalent 3234
membership pursuant to s. 1011.62(1)(n)1.a. s. 1011.62(1)(o)1.a. 3235
and b. 3236
Section 21. Paragraph (b) of subsection (2) of section 3237
1003.498, Florida Statutes, is amended to read: 3238
1003.498 School district virtual course offerings. — 3239
(2) School districts may offer virtual courses for 3240
students enrolled in the school district. These courses must be 3241
identified in the course code directory. Students may 3242
participate in these virtual course offerings pursuant to s. 3243
1002.455. 3244
(b)1. Any student who is enrolled in a school district may 3245
register and enroll in an online course offered by any other 3246
school district in the state. The school district in which the 3247
student completes the course shall report the student's 3248
completion of that course for funding pursuant to s. 3249
1011.61(1)(c)1.b.(VI), and the home school district shall not 3250
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report the student for funding for that course. 3251
2. The full-time equivalent student membership calculated 3252
under this subsection i s subject to the requirements in s. 3253
1011.61(3) s. 1011.61(4). The Department of Education shall 3254
establish procedures to enable interdistrict coordination for 3255
the delivery and funding of this online option. 3256
3. Funding for virtual courses shall be as provi ded in s. 3257
1002.45(6). 3258
Section 22. Subsection (2), paragraph (b) of subsection 3259
(13), subsection (23), paragraph (b) of subsection (24), and 3260
subsection (25) of section 1007.271, Florida Statutes, are 3261
amended to read: 3262
1007.271 Dual enrollment programs. — 3263
(2) For the purpose of this section, an eligible secondary 3264
student is a student who is enrolled in any of grades 6 through 3265
12 in a Florida public school or in a Florida private school 3266
that is in compliance with s. 1002.42(2) and provides a 3267
secondary curriculum pursuant to s. 1003.4282. Students who are 3268
eligible for dual enrollment pursuant to this section may enroll 3269
in dual enrollment courses conducted during school hours, after 3270
school hours, and during the summer term. However, if the 3271
student is projected to graduate from high school before the 3272
scheduled completion date of a postsecondary course, the student 3273
may not register for that course through dual enrollment. The 3274
student may apply to the postsecondary institution and pay the 3275
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required registration, tuition, and fees if the student meets 3276
the postsecondary institution's admissions requirements under s. 3277
1007.263. Instructional time for dual enrollment may vary from 3278
900 hours; however, the full -time equivalent student membership 3279
value shall be subject to the provisions in s. 1011.61(3) s. 3280
1011.61(4). A student enrolled as a dual enrollment student is 3281
exempt from the payment of registration, tuition, and laboratory 3282
fees. Applied academics for adult education instruction, 3283
developmental education, and other forms of precollegiate 3284
instruction, as well as physical education courses that focus on 3285
the physical execution of a skill rather than the intellectual 3286
attributes of the activity, are ineligible for inclusion in the 3287
dual enrollment program. Recreation and l eisure studies courses 3288
shall be evaluated individually in the same manner as physical 3289
education courses for potential inclusion in the program. 3290
(13) 3291
(b) Each public postsecondary institution eligible to 3292
participate in the dual enrollment program pursuan t to s. 3293
1011.62(1)(h) s. 1011.62(1)(i) must enter into a home education 3294
articulation agreement with each home education student seeking 3295
enrollment in a dual enrollment course and the student's parent. 3296
By August 1 of each year, the eligible postsecondary institution 3297
shall complete and submit th e home education articulation 3298
agreement to the Department of Education. The home education 3299
articulation agreement must include, at a minimum: 3300
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1. A delineation of courses and programs available to 3301
dually enrolled home education students. Courses and progr ams 3302
may be added, revised, or deleted at any time by the 3303
postsecondary institution. Any course or program limitations may 3304
not exceed the limitations for other dually enrolled students. 3305
2. The initial and continued eligibility requirements for 3306
home education student participation, not to exceed those 3307
required of other dually enrolled students. A high school grade 3308
point average may not be required for home education students 3309
who demonstrate achievement of college -level communication and 3310
computation skills a s provided under s. 1008.30(1) or (2); 3311
however, home education student eligibility requirements for 3312
continued enrollment in dual enrollment courses must include the 3313
maintenance of the minimum postsecondary grade point average 3314
established by the postseconda ry institution. 3315
3. The student's responsibilities for providing his or her 3316
own transportation. 3317
4. A copy of the statement on transfer guarantees 3318
developed by the Department of Education under subsection (15). 3319
(23) District school boards and Florida C ollege System 3320
institutions may enter into additional dual enrollment 3321
articulation agreements with state universities for the purposes 3322
of this section. School districts may also enter into dual 3323
enrollment articulation agreements with eligible independent 3324
colleges and universities pursuant to s. 1011.62(1)(h) s. 3325
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1011.62(1)(i). By August 1 of each year, the district school 3326
board and the Florida College System institution shall complete 3327
and submit the dual enrollment articulation agreement with the 3328
state university or an eligible independent college or 3329
university, as applicable, to the Department of Education. 3330
(24) 3331
(b) Each public postsecondary institution eligible to 3332
participate in the dual enrollment program pursuant to s. 3333
1011.62(1)(h) s. 1011.62(1)(i) must enter into a private school 3334
articulation agreement with each eligible private school in its 3335
geographic service area seeking to offer dual enrollment courses 3336
to its students, including, but not limited to, students with 3337
disabilities. By August 1 of each y ear, the eligible 3338
postsecondary institution shall complete and submit the private 3339
school articulation agreement to the Department of Education. 3340
The private school articulation agreement must include, at a 3341
minimum: 3342
1. A delineation of courses and programs available to the 3343
private school student. The postsecondary institution may add, 3344
revise, or delete courses and programs at any time. 3345
2. The initial and continued eligibility requirements for 3346
private school student participation, not to exceed those 3347
required of other dual enrollment students. 3348
3. The student's responsibilities for providing his or her 3349
own transportation. 3350
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4. A provision clarifying that the private school will 3351
award appropriate credit toward high school completion for the 3352
postsecondary course under the dual enrollment program. 3353
5. A provision expressing that costs associated with 3354
tuition and fees, including registration, and laboratory fees, 3355
will not be passed along to the student. 3356
(25) For students with disabilities, a postsecondary 3357
institution eligible to participate in dual enrollment pursuant 3358
to s. 1011.62(1)(h) s. 1011.62(1)(i) shall include in its dual 3359
enrollment articulation agreement, services and resources that 3360
are available to students with disabilities who register in a 3361
dual enrollment course at the eligible institution and provide 3362
information regarding such services and resources to the Florida 3363
Center for Students with Unique Abilities. The Department of 3364
Education shall provide to the center the Internet website link 3365
to dual enrollment articulation agreements specific to students 3366
with disabilities. The center shall include in the information 3367
that it is responsible for disseminating to students with 3368
disabilities and their parents pursuant to s. 1004.6495, dual 3369
enrollment articulation agreements and opportunities for 3370
meaningful campus experience through dual enrollment. 3371
Section 23. Subsection (1) of section 1008.44, Florida 3372
Statutes, is amended to read: 3373
1008.44 CAPE Industry Certification Funding List. — 3374
(1) The State Board of Education shall adopt, at least 3375
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annually, based upon recommendations by the Commissioner of 3376
Education, the CAPE Industry Certification Funding List that 3377
assigns additional full -time equivalent membership to 3378
certifications identified in the Master Cre dentials List under 3379
s. 445.004(4) that meets a statewide, regional, or local demand. 3380
Additional full-time equivalent membership funding for regional 3381
and local demand certifications may only be earned in those 3382
areas with regional or local demand as identifi ed by the 3383
Credentials Review Committee. The CAPE Industry Certification 3384
Funding List may include the following certificates and 3385
certifications: 3386
(a) CAPE industry certifications identified as credentials 3387
of value that meet the framework of quality under s . 445.004(4), 3388
that must be applied in the distribution of funding to school 3389
districts under s. 1011.62(1)(n) s. 1011.62(1)(o). The CAPE 3390
Industry Certification Funding List shall incorporate by 3391
reference the industry certifications on the career pathways 3392
list approved for the Florida Gold Seal CAPE Scholars award. 3393
(b) CAPE Digital Tool certificates selected by the 3394
department under s. 1003.4203(2) that do not articulate for 3395
college credit. The certificates must be made available to 3396
students in elementary sc hool and middle school grades and, if 3397
earned by a student, must be eligible for additional full -time 3398
equivalent membership under s. 1011.62(1)(n)1. s. 3399
1011.62(1)(o)1. The department shall annually review available 3400
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assessments that meet the requirements for inclusion on the 3401
list. 3402
(c) CAPE Acceleration Industry Certifications that 3403
articulate for 15 or more college credit hours under s. 3404
1003.4203(4). Such certifications must, if successfully 3405
completed, be eligible for additional full -time equivalent 3406
membership under s. 1011.62(1)(n)1. s. 1011.62(1)(o)1. 3407
(d) The Commissioner of Education shall conduct a review 3408
of the methodology used to determine additional full -time 3409
equivalent membership weights assigned in s. 1011.62(1)(n) s. 3410
1011.62(1)(o) and, if necessary, recommend revised weights. The 3411
weights must factor in the prioritization of critical shortages 3412
of labor market demand and middle -level to high-level wage 3413
earning outcomes as identified by the Credentials Review 3414
Committee under s. 445.004. The results of the review and the 3415
commissioner's recommendations must be submitted to the 3416
Governor, the President of the Senate, and the Speaker of the 3417
House of Representatives no later than December 1, 2023. 3418
Section 24. Paragraph (a) of subsection (2) and paragraph 3419
(b) of subsection (3) of section 1010.20, Florida Statutes, are 3420
amended to read: 3421
1010.20 Cost accounting and reporting for school 3422
districts.— 3423
(2) COST REPORTING. — 3424
(a) Each district shall report on a district -aggregate 3425
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basis expenditures for inservic e training pursuant to s. 3426
1011.62(3) and for categorical programs as provided in s. 3427
1011.62(16) s. 1011.62(17). 3428
(3) PROGRAM EXPENDITURE REQUIREMENTS. — 3429
(b) Funds for inservice training established in s. 3430
1011.62(3) and for categorical programs establishe d in s. 3431
1011.62(16) s. 1011.62(17) shall be expended for the costs of 3432
the identified programs as provided by law and in accordance 3433
with the rules of the State Board of Education. 3434
Section 25. Paragraph (d) of subsection (1) of section 3435
1011.68, Florida Statutes, is amended to read: 3436
1011.68 Funds for student transportation. —The annual 3437
allocation to each district for transportation to public school 3438
programs, including charter schools as provided in s. 3439
1002.33(17)(b), of students in membership in kindergar ten 3440
through grade 12 and in migrant and exceptional student programs 3441
below kindergarten shall be determined as follows: 3442
(1) Subject to the rules of the State Board of Education, 3443
each district shall determine the membership of students who are 3444
transported: 3445
(d) By reason of being career, dual enrollment, or 3446
students with disabilities transported from one school center to 3447
another to participate in an instructional program or service; 3448
or students with disabilities, transported from one designation 3449
to another in the state, provided one designation is a school 3450
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center and provided the student's individual educational plan 3451
(IEP) identifies the need for the instructional program or 3452
service and transportation to be provided by the school 3453
district. A "school center " is defined as a public school 3454
center, Florida College System institution, state university, or 3455
other facility rented, leased, or owned and operated by the 3456
school district or another public agency. A "dual enrollment 3457
student" is defined as a public school student in membership in 3458
both a public secondary school program and a Florida College 3459
System institution or a state university program under a written 3460
agreement to partially fulfill ss. 1003.435 and 1007.23 and 3461
earning full-time equivalent membership unde r s. 1011.62(1)(h) 3462
s. 1011.62(1)(i). 3463
Section 26. Section 1012.44, Florida Statutes, is amended 3464
to read: 3465
1012.44 Qualifications for certain persons providing 3466
speech-language services.—The State Board of Education shall 3467
adopt rules for speech -language services to school districts 3468
that qualify for additional full -time equivalent membership 3469
under s. 1011.62(1)(e) s. 1011.62(1)(f). These services may be 3470
provided by baccalaureate degree level persons for a period of 3 3471
years. The rules shall authorize the de livery of speech-language 3472
services by baccalaureate degree level persons under the 3473
direction of a certified speech -language pathologist with a 3474
master's degree or higher. 3475
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Section 27. This act shall take effect July 1, 2025. 3476