Educational Scholarship Programs

CS for SB 318

First Engrossed

2026318e1

1 A bill to be entitled
2 An act relating to educational scholarship programs;
3 creating s. 1011.687, F.S.; creating a categorical
4 fund for implementing the Family Empowerment
5 Scholarship Program; providing requirements for the
6 use and disbursement of funds; defining the term
7 “full-time equivalent student”; requiring the
8 Department of Education to release funds if certain
9 criteria are met; providing requirements for the
10 release of each payment; providing requirements for
11 excess funds; providing that the department has access
12 to certain records; creating s. 1011.689, F.S.;
13 creating the educational enrollment stabilization
14 program to provide supplemental state funds to address
15 changes in full-time equivalent student enrollment;
16 authorizing the department to distribute funds to
17 school districts under specified conditions;
18 authorizing the department to provide supplemental
19 payments to school districts; requiring the department
20 to ensure funding is available for certain scholarship
21 programs; requiring the department to appropriate
22 funds from the General Appropriations Act to keep the
23 educational enrollment stabilization program at a
24 minimum balance; amending s. 1002.40, F.S.; renaming
25 the Hope Scholarship Program as the Hope Program;
26 amending s. 1002.421, F.S.; defining terms; requiring
27 an eligible nonprofit scholarship-funding organization
28 to provide a parent with certain information on
29 scholarship programs; requiring an eligible nonprofit
30 scholarship-funding organization to create a single
31 application for all educational scholarship programs;
32 providing requirements for such application;
33 prohibiting an eligible nonprofit scholarship-funding
34 organization from charging a fee for the application;
35 requiring an eligible nonprofit scholarship-funding
36 organization to establish two application approval
37 windows; providing an exception; providing deadlines
38 for such application approval windows; requiring an
39 eligible nonprofit scholarship-funding organization to
40 review applications and award scholarships in a
41 specified order of priority; requiring an eligible
42 nonprofit scholarship-funding organization to award
43 scholarships to newly eligible students on a first
44 come, first-served basis; requiring a parent to notify
45 the eligible nonprofit scholarship-funding
46 organization within a specified timeframe if a
47 scholarship offer is accepted or declined; specifying
48 fund distribution for the scholarship terms;
49 prohibiting a parent from applying for multiple
50 scholarships for an individual student at the same
51 time; authorizing specified students to apply for a
52 scholarship at any time but only receive payments
53 prospectively; prohibiting an eligible nonprofit
54 scholarship-funding organization from restricting or
55 reserving scholarships for use at a particular school;
56 requiring such organization to notify each parent of a
57 scholarship applicant that participation in the
58 program does not guarantee enrollment at a private
59 school; providing that a parent who submitted an
60 application by a specified date need not submit a new
61 application; authorizing a parent to withdraw his or
62 her application and reapply; prohibiting an eligible
63 nonprofit scholarship-funding organization from
64 requiring documentation beyond the requirements of the
65 scholarship program; requiring an eligible nonprofit
66 scholarship-funding organization to verify a student’s
67 eligibility upon receipt of an application; requiring
68 an eligible nonprofit scholarship-funding organization
69 to send a list of verified eligible students to the
70 department by specified dates; requiring the
71 department to assign each verified eligible student a
72 Florida student identification number; requiring the
73 organization to use such number for tracking and
74 reporting scholarship data; requiring the department
75 to cross-check each list of verified eligible students
76 with certain other lists; requiring the department to
77 send the cross-checked list to the applicable school
78 district; requiring the department to require the
79 organization to suspend payments for any period of
80 time the student is found to be ineligible; requiring
81 the department to notify an eligible nonprofit
82 scholarship-funding organization of specified
83 information; requiring the department to provide
84 certain lists of students to certain parties;
85 requiring an eligible nonprofit scholarship-funding
86 organization to verify a student’s continued
87 eligibility before disbursing each payment; providing
88 criteria for verifying continued eligibility;
89 requiring parents of students receiving scholarship
90 payments to verify specified information; providing
91 criteria for verifying continued eligibility;
92 requiring parents of students receiving scholarship
93 payments to verify specified information; providing
94 that the scholarship program award amounts are the
95 amounts provided in the General Appropriations Act;
96 providing parameters for the calculation of the
97 scholarship amounts for certain students; requiring an
98 eligible nonprofit scholarship-funding organization to
99 establish and maintain a scholarship account for each
100 student; providing requirements for such accounts;
101 providing that accrued interest is in addition to and
102 not part of a student’s account; providing that
103 program funds include awarded funds and accrued
104 interest and are available only for authorized
105 expenditures; requiring eligible nonprofit
106 scholarship-funding organizations to make payments by
107 funds transfer; providing requirements for such funds
108 transfer; prohibiting a student’s scholarship award
109 from being reduced to cover certain fees; requiring
110 that commodities or services related to the funds
111 transfer system be procured by a specified method;
112 providing an exception; prohibiting an eligible
113 nonprofit scholarship-funding organization from
114 transferring funds to an account that has a balance in
115 excess of a specified amount; specifying certain
116 qualifications for educational expenditures; providing
117 that a parent who fails to comply with such
118 qualifications forfeits the scholarship; authorizing
119 certain students in a scholarship program to take
120 specified tests and certain assessments; providing an
121 exception; requiring a participating private school to
122 administer or provide for students to take specified
123 tests and assessments; requiring a participating
124 private school to submit a certain written request to
125 the department by a specified date; requiring a school
126 district to administer tests and assessments at a
127 participating private school; requiring an owner or
128 operator or individual providing services to undergo a
129 background screening; providing requirements for the
130 submission of fingerprints; requiring the Department
131 of Law Enforcement to retain such fingerprints in a
132 specified manner; providing screening requirements for
133 specified individuals; prohibiting such owner or
134 operator from transferring ownership or management
135 authority to a relative; defining the term “relative”;
136 requiring an eligible nonprofit scholarship-funding
137 organization to report the annual audit of background
138 screening results to the Department of Education;
139 providing that a participating private school may be
140 sectarian or nonsectarian; revising information
141 required to be provided to the department by a private
142 school; deleting obsolete language; providing
143 construction; requiring the department to publish and
144 update information on its website relating to
145 scholarship programs; requiring the department to
146 investigate complaints; requiring the department to
147 maintain and annually publish a list of tests that
148 satisfy a specified requirement; requiring the
149 department to develop a standard withdrawal form for
150 parents withdrawing a student from public school;
151 providing requirements for such form; requiring the
152 department to produce a specified annual report;
153 authorizing the department to suspend or revoke
154 program participation or the use of program funds for
155 specified entities; requiring the department to
156 develop a uniform reimbursement process; requiring an
157 organization, by a specified date, to approve, deny,
158 or request more information relating to a
159 reimbursement request; requiring the department to
160 annually report to the state its accountability
161 actions; deleting the definition of the term “owner or
162 operator”; requiring a school district, by a specified
163 date, to inform certain households of eligibility to
164 apply for a scholarship program; requiring the school
165 district to coordinate with the department to provide
166 a participating private school with statewide
167 assessments; requiring a school district to publish
168 information about a scholarship program on its
169 website; requiring a school district to provide a
170 parent with the withdrawal form upon request; deleting
171 obsolete language; amending s. 1002.394, F.S.;
172 deleting obsolete language; providing a title for a
173 scholarship granted to a student who meets specified
174 eligibility requirements; providing that authorized
175 uses of program funds include digital devices;
176 providing that authorized uses of program funds
177 include membership dues and activity fees for career
178 and technical student organizations; providing that
179 tuition and fees that meet certain requirements are
180 eligible for program funds; revising conditions under
181 which a student is no longer eligible for scholarship
182 funding; requiring an eligible nonprofit scholarship
183 funding organization to notify a parent before closing
184 a student’s account; requiring an eligible nonprofit
185 scholarship-funding organization to report certain
186 information to the Department of Education regarding
187 scholarship accounts closed under certain
188 circumstances; requiring an eligible nonprofit
189 scholarship-funding organization to notify a parent
190 if, upon a student reaching a specified age, a balance
191 exists in the student’s account, the amount of the
192 balance, and how the funds may be used; requiring an
193 organization to annually report to the department the
194 number of scholarship accounts closed under specified
195 circumstances; requiring an organization to notify the
196 department when a student withdraws from a scholarship
197 program; deleting a provision allowing a public school
198 student to receive a scholarship for transportation;
199 revising the time frame for a school district to
200 notify a parent of certain information; revising the
201 percentage of funds that can be used for certain
202 purposes; deleting obsolete language; amending s.
203 1002.395, F.S.; deleting obsolete language; deleting
204 provisions related to scholarship priority; deleting a
205 provision allowing a public school student to receive
206 a scholarship for transportation; revising a provision
207 requiring eligible nonprofit scholarship-funding
208 organizations to verify that scholarship funds are
209 used for specified purposes; requiring an eligible
210 nonprofit scholarship-funding organization to report
211 to the department the total number of scholarship
212 accounts closed due to certain reasons; amending s.
213 1003.485, F.S.; conforming a cross-reference; amending
214 s. 1008.25, F.S.; making a conforming change; amending
215 s. 1010.305, F.S.; requiring the Auditor General to
216 annually, rather than periodically, examine the
217 records of eligible nonprofit scholarship-funding
218 organizations; providing for appropriate adjustments
219 to be made and excess funds to be deducted if criteria
220 and procedures have not been followed by an eligible
221 nonprofit scholarship-funding organization; amending
222 s. 1011.61, F.S.; conforming a cross-reference;
223 amending s. 1011.62, F.S.; deleting a requirement with
224 respect to full-time equivalent student survey data;
225 deleting obsolete language relating to the state
226 funded discretionary supplement; amending s. 11.45,
227 F.S.; conforming a cross-reference; requiring the
228 Auditor General to annually conduct an audit of
229 specified records; amending ss. 212.099, 402.22,
230 1002.45, 1003.4935, and 1010.20, F.S.; conforming
231 cross-references; providing legislative findings;
232 requiring the Department of Education to provide a
233 specified report regarding recommendations for
234 implementing the educational scholarship programs;
235 providing requirements for the recommendations;
236 authorizing the department to make recommendations to
237 specified entities; requiring certain contracts to be
238 awarded through a competitive procurement process;
239 requiring the department to include an outline of
240 requirements for each program component; providing
241 requirements for the outline; requiring the department
242 to include recommendations for eligibility
243 requirements of scholarship-funding organizations
244 under specified circumstances; requiring the
245 department to include a specified plan in its report;
246 requiring the department to provide, by a specified
247 date, the report to the Governor and the Legislature;
248 providing for expiration; providing an effective date.
249
250 Be It Enacted by the Legislature of the State of Florida:
251
252 Section 1. Section 1011.687, Florida Statutes, is created
253 to read:
254
1011.687 Educational scholarship programs; categorical

255
fund.—

256
(1) There is created a categorical fund for implementing

257
the Family Empowerment Scholarship Program pursuant to s.

258
1002.394. These funds shall be in the amount provided in the

259
General Appropriations Act and any additional funds transferred

260
from the
e
ducational
enrollment stabilization program
pursuant

261
to s. 1011.689.

262
(2) Educational scholarship funding categorical funds shall

263
be used to award scholarships as required in s. 1002.394 and in

264
accordance with s. 1002.421. Funds shall be disbursed from this

265
fund based on the full-time equivalent scholarship students

266
forecasted or reported as participating in the program.

267
(3)

A “full-time equivalent student” for a student

268
participating in a scholarship program under s. 1002.394 or s.

269
1002.395
means
a student who receives all
10
scholarship

270
payments
that
are distributed on a monthly basis. A student who

271
receives
fewer
than
10
payments shall generate a fraction of

272
full-time equivalent student membership proportional to the

273
number of payments received.

274
(4) For the purposes of calculating a scholarship award

275
amount, a full-time equivalent student shall be based upon the

276
student’s county of residence
and equal to the calculation

277
provided under s. 1002.421(5)(a)
.

278
(5) Contingent upon verification that the organization is

279
in compliance with
this section and ss. 1002.421, 1002.394, and

280
1002.395,
the
department
shall release funds from the

281
categorical
fund
on a quarterly basis to the organization. The

282
funds shall be held by the organization for deposit into the

283
students
’
accounts in accordance with the payment schedules

and

284
may not include any funding for scholarship awards for any time

285
preceding a student’s verified eligibility
for
or acceptance of

286
a scholarship
.

287
(a) The first quarter release payment to the organization

288
shall be based upon the amount of full-time equivalent student
s

289
forecasted as provided in the General Appropriations Act and in

290
an amount sufficient to make scholarship payments through the

291
third payment installment. The first quarter release payment

292
must be released no later than July 30.

293
(b) The second quarter release payment to the organization

294
shall be
based upon the amount of full-time equivalent students

295
cross-checked by the department
pursuant to s. 1002.421(3) and

296
in an amount sufficient to make scholarship payments through the

297
fifth payment installment. The second quarter release payment

298
must be released no later than November 1.

299
(c) The third quarter release payment to the organization

300
shall be

based upon the amount of full-time equivalent students

301
cross-checked by the department
pursuant to s. 1002.421(3) and

302
in an amount sufficient to make scholarship payments through the

303
eighth payment installment. The third quarter release payment

304
must be released no later than January 1.

305
(d) The fourth quarter release payment to the organization

306
shall be

based upon the amount of full-time equivalent students

307
cross-checked by the department
pursuant to s. 1002.421(3) and

308
in an amount sufficient to make scholarship payments through the

309
tenth payment installment. The fourth quarter release payment

310
must be released no later than April 1.

311
(6) If the funds released to the organization are in excess

312
of the funds certified to the department by the organization as

313
the amount distributed for student scholarships in accordance

314
with scholarship program requirements, the organization must

315
send back to the department any overpayment within 30 days of

316
certification to the department. The department may not adjust

317
the amount of any overpayment in the second, third, or fourth

318
quarter payment release and must account for each payment back

319
from the organization separately.

320
(7) The department shall have access to the organization’s

321
data and records as necessary to conduct a reconciliation of

322
releases and overpayments to the organization.

323 Section 2. Section 1011.689, Florida Statutes, is created
324 to read:
325
1011.689 Educational
e
nrollment
s
tabilization
p
rogram.—The

326
educational enrollment stabilization program is created to

327
provide supplemental state funds as needed to address changes in

328
full-time equivalent student enrollment throughout the school

329
year in both the Florida Education
Finance
Program and the

330
educational scholarship programs created pursuant to ch
apter

331
1002.

332
(1) SCHOOL DISTRICT STABILIZATION.—To maintain the

333
stability of the operations of public schools, including charter

334
schools, in each school district
, the department m
ay use funds

335
in either of the following ways
:

336
(a)

T
o
distribute to school districts if the state funds

337
appropriated for the current operation of school districts in

338
the Florida Education Finance Program
are not sufficient to pay

339
the state requirement in full pursuant to s. 1011.62(15)
.

340
(b) To provide supplemental payments to school districts as

341
needed. Any supplemental funds provided pursuant to this

342
paragraph may not be added to the district’s total Florida

343
Education Finance Program funds for any future calculation.

344
(
2
) FAMILY EMPOWERMENT SCHOLARSHIP PROGRAM.—To maintain

345
scholarship award amounts, the
department

shall
use funds as

346
appropriated to ensure that funding is available if the number

347
of full-time equivalent students enrolled in the scholarship

348
program is greater than the amount appropriated
in the General

349
Appropriations Act
in the educational scholarship
categorical

350
fund
established under s. 1011.687.

351
(
3
) FLORIDA TAX CREDIT SCHOLARSHIP PROGRAM.
—
If available

352
funds in the Florida Tax Credit Scholarship Program are

353
insufficient to cover eligible applicants who are personalized

354
education program students, the
department

may
use funds to

355
award scholarships to such eligible applicants up to the number

356
authorized in s. 1002.395.

357
(4) RELEASE OF FUNDS.—As part of the recalculation pursuant

358
to s. 1011.65, the department may request the release of funds

359
from the educational enrollment stabilization program subject to

360
the notice, review, and objection procedures set forth in s.

361
216.177.

362
(5) MINIMUM BALANCE.—The Legislature shall annually

363
appropriate funds in the General Appropriations Act to the

364
department
for
the educational enrollment stabilization program

365
in an amount necessary to maintain a projected minimum balance

366
of $250 million at the beginning of the upcoming fiscal year.

367
Notwithstanding s. 216.301 and pursuant to s. 216.351, the

368
unexpended balance of funds appropriated pursuant to this

369
subsection which is not disbursed by June 30 of the fiscal year

370
in which the funds are appropriated may be carried forward for

371
up to 10 years after the effective date of the original

372
appropriation.

373 Section 3. Section 1002.40, Florida Statutes, is amended to
374 read:
375 1002.40 The Hope
Scholarship
Program.—
376 (1) PURPOSE.—The Hope
Scholarship
Program is established to
377 provide the parent of a public school student who was subjected
378 to an incident listed in subsection (3) an opportunity to
379 transfer the student to another public school or to request a
380 scholarship for the student to enroll in and attend an eligible
381 private school.
382 (2) DEFINITIONS.—As used in this section, the term:
383 (a) “Parent” means a resident of this state who is a
384 parent, as defined in s. 1000.21, and whose student reported an
385 incident in accordance with subsection (4).
386 (b) “Program” means the Hope
Scholarship
Program.
387 (c) “School” means any educational program or activity
388 conducted by a public K-12 educational institution, any school
389 related or school-sponsored program or activity, and riding on a
390 school bus, as defined in s. 1006.25(1), including waiting at a
391 school bus stop.
392 (3) PROGRAM ELIGIBILITY.—A student enrolled in a Florida
393 public school in kindergarten through grade 12 is eligible for
394 the educational options described in subsection (4) if the
395 student reported an incident in accordance with that subsection.
396 For purposes of this section, the term “incident” means battery;
397 harassment; hazing; bullying; kidnapping; physical attack;
398 robbery; sexual offenses, harassment, assault, or battery;
399 threat or intimidation; or fighting at school, as defined by the
400 department in accordance with s. 1006.09(6).
401 (4) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—Upon
402 receipt of a report of an incident, the school principal, or his
403 or her designee, shall provide a copy of the report to the
404 parent and investigate the incident to determine if the incident
405 must be reported as required by s. 1006.09(6). Within 24 hours
406 after receipt of the report, the principal or his or her
407 designee shall provide a copy of the report to the parent of the
408 alleged offender and to the superintendent. Upon conclusion of
409 the investigation or within 15 days after the incident was
410 reported, whichever occurs first, the school district shall
411 notify the parent of the program, offer the parent an
412 opportunity to enroll his or her student in another public
413 school that has capacity, and notify the parent of their
414 eligibility to apply for a scholarship to attend an eligible
415 private school under ss. 1002.394 and 1002.395.
416 (5) RULES.—The State Board of Education shall adopt rules
417 to administer this section.
418 Section 4. Section 1002.421, Florida Statutes, is amended
419 to read:
420 1002.421 State school choice scholarship
programs

program

421
accountability and oversight
.—
422 (1)
DEFINITIONS.—As used in this section, s. 1002.394,
and

423
s.
1002.395, the term:

424
(a) “Approved provider” means a provider approved by the

425
Agency for Persons with Disabilities, a health care practitioner

426
as defined in s. 456.001, or a provider approved by the

427
department pursuant to s. 1002.66.

428
(b) “Choice navigator” means an individual who meets the

429
requirements of s. 1002.395(6)(
d
)
8
. and who provides

430
consultations, at a mutually agreed upon location, on the

431
selection of, application for, and enrollment in educational

432
options addressing the academic needs of a student; curriculum

433
selection; and
advice on
career and postsecondary education

434
opportunities. However, this section
does not
authorize a choice

435
navigator to oversee or exercise control over the curricula or

436
academic programs of a personalized education program.

437
(c) “Curriculum” means a complete course of study for a

438
particular content area or grade level, including any required

439
supplemental materials and associated online instruction.

440
(d) “Disability” means, for a 3- or 4-year-old child or for

441
a student in kindergarten to grade 12, autism spectrum disorder

442
as defined in the Diagnostic and Statistical Manual of Mental

443
Disorders, Fifth Edition, published by the American Psychiatric

444
Association; cerebral palsy as defined in s. 393.063; Down

445
syndrome as defined in s. 393.063; an intellectual disability as

446
defined in s. 393.063; a speech impairment; a language

447
impairment; an orthopedic impairment; any other health

448
impairment; an emotional or a behavioral disability; a specific

449
learning disability, including, but not limited to, dyslexia,

450
dyscalculia, or developmental aphasia; Phelan-McDermid syndrome

451
as defined in s. 393.063; Prader-Willi syndrome as defined in s.

452
393.063; spina bifida as defined in s. 393.063; being a high

453
risk child as defined in s. 393.063(2
3
)(a); muscular dystrophy;

454
Williams syndrome; rare diseases
that
affect patient populations

455
of fewer than 200,000 individuals in the United States, as

456
defined by the National Organization for Rare Disorders;

457
anaphylaxis; a hearing impairment, including deafness; a visual

458
impairment, including blindness;
a
traumatic brain injury;
being

459
hospital
-bound
or homebound; or identification as dual sensory

460
impaired, as defined by rules of the State Board of Education

461
and evidenced by reports from local school districts. The term

462
“hospital
-bound
or homebound” includes a student who has a

463
medically diagnosed physical or psychiatric condition or

464
illness, as defined by the state board in rule, and who is

465
confined to the home or hospital for more than 6 months.

466
(e) “Eligible nonprofit scholarship-funding organization”

467
or “organization” means a state university

or an independent

468
college or university that is eligible to participate in the

469
William L. Boyd, IV, Effective Access to Student Education Grant

470
Program
; is
located and chartered in this state
;
is not for

471
profit
;
is accredited by the Commission on Colleges of the

472
Southern Association of Colleges and Schools; or is a charitable

473
organization that:

474
1.

Is exempt from federal income tax pursuant to s.

475
501(c)(3) of the Internal Revenue Code;

476
2.

Is a Florida entity formed under chapter 605, chapter

477
607, or chapter 617 and whose principal office is located in

478
this
state; and

479
3.

Complies with
s.
1002.395(6) and (1
3
).

480
(f) “Eligible postsecondary educational institution” means

481
a Florida College System institution; a state university; a

482
school district technical center; a school district adult

483
general education center; an independent college or university

484
that is eligible to participate in the William L. Boyd, IV,

485
Effective Access to Student Education Grant Program under s.

486
1009.89; or an accredited independent postsecondary educational

487
institution as defined in s. 1005.02 which is licensed to

488
operate in this state under part III of chapter 1005 or is

489
approved to participate in a reciprocity agreement as defined in

490
s. 1000.35(2).

491
(g) “Eligible private school” means a private school as

492
defined in s. 1002.01
which is
located in Florida
and
which

493
offers an education to students in any grades K-12 and meets the

494
requirements in
this section
.

495
(h) “Fraud” means an
intentional deception, omission, or

496
misrepresentation made by a person with knowledge that the

497
deception, omission, or misrepresentation may result in
an

498
unauthorized benefit to that person or another person, or any

499
aiding and abetting of the commission of such an act.

500
(
i
)

“Household income” has the same meaning as the term

501
“income” as defined in the Income Eligibility Guidelines for

502
free and reduced price meals under the National School Lunch

503
Program in 7 C.F.R. part 210 as published in the Federal

504
Register by the United States Department of Agriculture.

505
(
j
) “IEP” means an individual education plan, regardless of

506
whether the plan has been reviewed or revised within the last 12

507
months.

508
(
k
) “Inactive” means that no eligible expenditures have

509
been made from an account.

510
(
l
) “Job coach” means an individual employed to help people

511
with disabilities learn, accommodate to, and perform their work

512
duties.

513
(
m
) “Law enforcement officer” has the same meaning as

514
provided in s. 943.10(1).

515
(
n
)

“Owner or operator” includes:

516
1.

An owner,
a
president,
an
officer, or
a
director of an

517
eligible nonprofit scholarship-funding organization or a person

518
with equivalent decisionmaking authority over an eligible

519
nonprofit scholarship-funding organization
; or

520
2.

An owner,
an
operator,
a
superintendent, or
a
principal

521
of an eligible private school or a person with equivalent

522
decisionmaking authority over an eligible private school.

523
(
o
) “Parent” means a resident of this state who is a parent

524
as defined in s. 1000.21.

525
(
p
)

“Personalized education program” has the same meaning

526
as in s.

1002.01.

527
(
q
)

“Personalized education student” means a student whose

528
parent applies to an eligible nonprofit scholarship-funding

529
organization for participation in a personalized education

530
program.

531
(r) “Renewal student” means a student who was eligible to

532
receive and received a payment for the last installment in the

533
school year immediately preceding the school year for which the

534
student is applying for a scholarship pursuant to this chapter.

535
(
s
)

“Student learning plan” means a customized learning

536
plan developed by a parent at least annually to guide

537
instruction for his or her student and to identify the goods and

538
services needed to address the academic needs of his or her

539
student.

540
(
2
)
SCHOLARSHIP APPLICATION PROCESS.—

541
(a) An
eligible nonprofit scholarship-funding organization

542
must provide the parent with information on each scholarship

543
program established pursuant to this chapter which clearly

544
outlines the eligibility requirements and authorized uses of

545
funds for each program to enable the parent of a student to

546
determine which program best fits the needs of each student.

547
Specifically, for a student applying based on eligibility

548
pursuant to s. 1002.394(3)(b)
or s. 1002.395, except for

549
students eligible pursuant to a personalized education program
,

550
a participating private school must discuss the school’s

551
academic programs and policies, specialized services, code of

552
conduct, and attendance policies before enrollment with the

553
parent to determine which programs and services may meet the

554
student’s individual needs.
Each parent of a student with an

555
individualized education plan, education plan, English language

556
learner plan, or 504 plan must be informed specifically of what

557
modifications, accommodations, and therapies included in the

558
student’s plan will be honored by the participating private

559
school.

560
(b)
The organization
must create a single application for

561
all educational scholarship programs established pursuant to

562
this chapter in a manner that creates an electronic record of

563
the application, which must include the date the application was

564
submitted, the date the application was approved or denied, and

565
the date the scholarship was accepted or declined. The

566
organization may not charge a fee for the application.

567
(c) For the 2026-2027 school year and each school year

568
thereafter, the organization must establish two application

569
approval windows each school year during which a parent of an

570
eligible student, including renewal students, may apply for and

571
accept an educational scholarship program pursuant to this

572
chapter, except for personalized education students, who may

573
only apply during the fall application approval window.

574
1.

The application approval window for the fall scholarship

575
term must close no later than July 15. The fall scholarship term

576
covers the period between August 15 and December 31 of each

577
year. The fall application window may not begin any earlier than

578
February 1 of the preceding school year.
A parent
initially

579
applying for the fall term
must affirmatively accept the

580
scholarship between June 15 and July 15.

581
2. The application approval window for the spring

582
scholarship term must close no later than November 15. The

583
spring scholarship term covers the period between January 1 and

584
May 31 of each year
. A parent initially applying for the spring

585
term must affirmatively accept the scholarship between October

586
15 and November 15.

587
3. A failure to accept the scholarship between the

588
applicable approval window results in an automatic declination

589
of the scholarship.

590
4. A parent of a student who is provided funds during the

591
fall scholarship term does not need to reapply for the spring

592
scholarship term.

593
(d) An organization must review applications and award

594
scholarships using the following priorities:

595
1. An application for a student who is eligible pursuant to

596
s. 1002.394(3)(a) or s. 1002.395 and:

597
a.

W
hose household income level does not exceed 185 percent

598
of the federal poverty level or who is in foster care or out-of

599
home care
; and then

600
b.

W
hose household income level exceeds 185 percent of the

601
federal poverty level but does not exceed 400 percent of the

602
federal poverty level.

603
2. An application for a student who is eligible and

604
received a scholarship during the previous school year.

605
3. An application for a student who was affected by the

606
disapproval of an organization’s participation by the department

607
pursuant to s. 1002.395 during the previous school year.

608
609
The organization must provide scholarships to newly eligible

610
students on a first-come, first-served basis unless the student

611
is seeking priority pursuant to this paragraph.

612
(e)

A parent of a student who applies for and receives

613
scholarship funds initially for the spring scholarship term may

614
only receive 5 of the 10 payment installments for the school

615
year.

616
(
f
) A parent may not apply for multiple scholarships under

617
s. 1002.394 or
s. 1002.39
5
for an individual student at the same

618
time.
However, the organization may switch a student between

619
scholarships under s. 1002.394 or s. 1002.395 upon notification

620
and approval by the department.

621
(g) Notwithstanding the application deadlines, a student in

622
foster care or out-of-home care or who is a dependent child of a

623
member of the United States Armed Forces or who reported an

624
incident pursuant to s. 1002.40 may apply for a scholarship at

625
any time.
Additionally, the Commissioner of Education may extend

626
an application window for any eligible group of students due to

627
extenuating circumstances that affect one or more regions of

628
this
state. However, any student receiving a scholarship who

629
applies outside the application deadlines
may only receive

630
payments prospectively.

631
(h) An organization may not restrict or reserve

632
scholarships for use at a particular eligible private school or

633
provide scholarships to a child of an owner or operator as

634
defined in subparagraph (1)(n)1.
Additionally, the organization

635
must notify each parent
of a scholarship applicant
that

636
participation in the scholarship program does not guarantee

637
enrollment
at an eligible private school
.

638
(i)

For the 202
6
-202
7
school year, a parent who applies for

639
a scholarship by April 30, 202
6
, does not need to submit a new

640
application pursuant to the requirements of this section
but

641
must, by the time the organization is required to send its

642
verified list to the department, provide the documentation

643
required for eligibility
. However, a parent may withdraw
his or

644
her
application and reapply pursuant to the requirements of this

645
section.
This paragraph expires January 1, 2027.

646
647
An eligible nonprofit scholarship-funding organization may not

648
further regulate, exercise control over, or require

649
documentation beyond the requirements of th
e scholarship

650
programs
unless the regulation, control, or documentation is

651
necessary for participation in the program.

652
(3) ENROLLMENT VERIFICATION.—Upon receipt of an

653
application,
the eligible nonprofit scholarship-funding

654
organization
must verify each student’s eligibility.
Each

655
student
, including renewal students,
must apply for a

656
scholarship each
school
year. An organization may not grant

657
multiyear scholarships in one approval process.

658
(a) To verify eligibility, the organization must
request

659
all of
the following information for each student, to be

660
included in the student’s file:

661
1. More than one form of proof of residency or proof that

662
the student is the dependent of an active duty member of the

663
United States Armed Forces who has received permanent change of

664
station orders to this state.

665
2. A copy of the student’s birth certificate or other

666
documentation as specified in s. 1003.21(4), the name on which

667
must
be identical to
the name provided on the student’s

668
application.

669
3. If known, the student’s Florida student identification

670
number if one has been assigned.

671
(b) In addition, if the student:

672
1. Is a renewal student, the organization must:

673
a.

R
equest for each student the assessment results

674
necessary to verify compliance with subsection (7).

The deadline

675
for a parent to submit the results is July 15.

676
b.

Receive documentation from the parent attesting that the

677
student will continue to meet all eligibility requirements for

678
the scholarship.

679
c.

Verify that all documents required for eligibility have

680
been received and are on file.

681
d. If the student lives out of state and is a dependent of

682
an active duty member of the United States Armed Forces, receive

683
documentation that the home of record or state of legal

684
residence is Florida.

685
2. Is seeking priority
eligibility
based upon household

686
income, the parent of the student must authorize the

687
organization to access information needed for income eligibility

688
determination and verification held by other state or federal

689
agencies, including the Department of Revenue, the Department of

690
Children and Families, the Department of Education, the

691
Department of Commerce, and the Agency for Health Care

692
Administration.

693
(c) An organization must send to the department a list of

694
eligible students and any information necessary for the

695
department to conduct the following cross-check reviews by:

696
1. August 1 for the fall scholarship term.

697
2. October 1 for the fall scholarship mid-term.

698
3. December 1 for the spring scholarship term.

699
4. March 1 for the spring scholarship mid-term.

700
701
For the spring scholarship term, the organization must submit

702
students initially applying for the scholarship during the

703
spring term, as well as all students who received a scholarship

704
payment within the fall term.

Additionally, the organization

705
must update each list with any eligible student who applies

706
outside of the application deadlines pursuant to paragraph

707
(2)(g).

708
(
d
)
The department must verify each student’s Florida

709
student identification number or, if a student has not been

710
assigned a Florida student identification number, assign each

711
eligible student a Florida student identification number.
Once a

712
student is assigned a Florida student identification number, the

713
organization must use that number for the reporting and tracking

714
of all scholarship data.

715
(e) The department must cross-check each list of eligible

716
students submitted by the organization with the most recent

717
student attendance records maintained by the school districts

718
pursuant to s. 1003.23 to resolve student reporting duplication.

719
1. As part of each cross-check process, the department must

720
send a list of the eligible students submitted by the

721
organization to the applicable school district. The school

722
district must cross-check each student by identification number

723
with its most recent student attendance records and send the

724
results, including any duplicates, to the department. Pursuant

725
to s. 1002.44, a student receiving a scholarship under this

726
chapter who attends a public school on a part-time basis through

727
contracted services provided by the public school or school

728
district may not be reported by the school district for funding

729
purposes under the Florida Education Finance Program, and,

730
therefore, such students are not considered duplicates.

731
2. For any student reported as a duplicate by a school

732
district, the department must determine whether the student is

733
prohibited from receiving a scholarship award pursuant to s.

734
1002.394(6) or s. 1002.395(4). As part of the department’s

735
determination process, the department must require the

736
organization to suspend payments to the student’s account and

737
the use of funds in the student’s account related to any period

738
of time the student is ineligible.

739
3. The department
,
after making its determination
,
shall

740
notify the district if there
is
any student reported by the

741
district as a duplicate who
m
the district should not report for

742
funding in the student membership survey pursuant to s. 1011.62.

743
For the students the district does report, the district shall

744
receive the full funding generated in accordance with the

745
Florida Education Finance Program, regardless of whether the

746
student received a scholarship payment, subject to the audit

747
required under s. 1010.305.

748
(f) The department,
a
fter the list of eligible students has

749
been cross-checked and each student has been assigned a Florida

750
student identification number, shall send the list of verified

751
eligible students to the organization, which may then fund

752
students only based upon the department’s list of verified

753
eligible students.
The department must notify an organization of

754
any of the organization’s
identified students who were submitted

755
for a scholarship from another
organization
and which

756
organization the student shall receive funding from
.

757
(g) After each cross-check, the department must provide the

758
list of verified eligible students submitted to the organization

759
and any information on duplicate students requested to the chair

760
of the Senate Appropriations Committee, the chair of the House

761
Budget Committee, and the Office of Policy and Budget within the

762
Executive Office of the Governor.

763
(4) PREPAYMENT VERIFICATION.—Prior to the disbursement of

764
each scholarship payment
,
t
he organization must verify the

765
student’s continued eligibility based upon the requirements of

766
the applicable student’s scholarship program.

767
(a) For scholarship programs that require private school

768
enrollment, the organization must verify that the student is

769
enrolled in and in attendance at a participating eligible

770
private school.

771
(b) Prior to the receipt of each scholarship payment, a

772
parent of the student must attest that the student is not

773
enrolled full time in a public school and is enrolled and in

774
attendance, unless excused for illness or other good cause, in

775
one of the following
:

776
1.
A home education program;

777
2.
A personalized education program; or

778
3.
A private school.

779
(c)

The parent of a student enrolled at a private school

780
may authorize the private school to satisfy the requirement in

781
paragraph (b) on behalf of the parent by attesting that the

782
student is enrolled in and in attendance at the private school.

783
The private school and the organization must maintain records of

784
the parental authorization,

which must be renewed each school

785
year and may be included as part of the parent’s approval of the

786
funds transfer authorized pursuant to subparagraph (6)(b)1. An

787
improper attestation may be investigated as fraud pursuant to

788
subparagraph (10)(a)6., and the private school may be liable to

789
the state for payments made in violation of this subsection and,

790
if found liable, must reimburse the state for funds improperly

791
paid to the private school.

792
(d)
The organization may not make any payment into a

793
student’s account prior to a parent’s acceptance of a

794
scholarship award, upon notification that the student is

795
enrolled in a public school unless the organization can verify

796
the student’s eligibility,
or for any period of time prior to

797
the department’s verification of the student’s eligibility.
An

798
organization is liable to the state for payments made in

799
violation of this subsection and must reimburse the state for

800
funds that were improperly awarded which cannot be recovered.

801
(
e
) Fo
r a student who was enrolled in a public school prior

802
to participation in the scholarship program as determined by the

803
department, the organization must receive proof that the parent

804
submitted the standard withdrawal form to the public school

805
where the student was previously enrolled or, if the withdrawal

806
occurred prior to the creation of the standard withdrawal form,

807
another form of proof of withdrawal from the public school.

808
(5)
SCHOLARSHIP AWARD AMOUNTS
AND PAYMENT SCHEDULE
.—

809
(a)
Beginning in the 20
26
-20
27
school year, the calculated

810
scholarship program award amounts shall be
the amounts provided

811
in the General Appropriations Act which are
based upon the

812
amounts by basic program and program for exceptional students

813
under the Florida Education Finance Program. Th
ese
amount
s

shall

814
be adjusted
annually
based upon the value of the percentage

815
change increase in per student funding at the state level for

816
public school districts as provided in the General

817
Appropriations Act.

818
1.

The calculated scholarship amount for a student

819
determined eligible pursuant to
s.
1002.394(3)(a) or
s.
1002.395

820
shall be based upon the student’s current grade level and county

821
of residence.

822
2.

The calculated scholarship amount for a student

823
determined eligible pursuant to
s.
1002.394(3)(b) must be based

824
upon the student’s current grade level, exceptional student

825
program, and county of residence.

826
a
.

The calculated scholarship amount for a student who

827
received a Gardiner Scholarship pursuant to former s. 1002.385

828
in the 2020-2021 school year shall be the greater of the amount

829
calculated pursuant to this subsection or the amount the student

830
received for the 2020-2021 school year.

831
b
.

The calculated scholarship amount for a student who

832
received a John M. McKay Scholarship pursuant to former s.

833
1002.39 in the 2020-2021 school year shall be the greater of the

834
amount calculated pursuant to this subsection or the amount the

835
student received for the 2020-2021 school year.

836
(b) Beginning with the 2026-2027 school year, t
he

837
scholarship award shall be divided into 10 equal installments

838
and made in accordance with the prepayment verification process.

839
1. For a renewal student receiving a scholarship award

840
pursuant to s. 1002.394(3)(a) or s. 1002.395, and whose funds

841
are applied to tuition at an eligible private school

that
has

842
agreed to attest
to
the student’s attendance pursuant to

843
paragraph (4)(c),
the
organization
may make the first payment no

844
earlier than August 15
and the second payment no earlier than

845
September 15.

846
2. For all other students receiving scholarship awards, the

847
organization may make the first payment no earlier than

848
September 15. The first payment pursuant to this subparagraph is

849
for two installments.

850
3. Each subsequent payment
must
be made
no later than

851
October 15, November 15,
December 15,
January 15, February 15,

852
March 15, April 15, and May 15 of each school year in which the

853
scholarship is in force.

854
(6) SCHOLARSHIP ACCOUN
TS.—
The organization must establish

855
and maintain a separate scholarship account for each student

856
enrolled in a scholarship program. For each account, the

857
organization must maintain a record of
accrued interest
which
is

858
retained in the student’s account
. Accrued interest in the

859
student’s account is in addition to, and not part of, the

860
awarded funds. Program funds include both the awarded funds and

861
accrued interest

and
are
available only for authorized program

862
expenditures.

863
(a) Payment of the scholarship by the organization shall be

864
by funds transfer, including, but not limited to, debit cards,

865
electronic payment cards, or any means of payment the department

866
deems commercially viable or cost-effective. A student’s

867
scholarship award may not be reduced
to cover
debit card or

868
electronic payment fees. Commodities or services related to the

869
development of such
transfer
system must be procured by

870
competitive solicitation unless purchased from a state term

871
contract pursuant to s. 287.056.

872
(
b
) For students eligible pursuant to s. 1002.394(3)(a)

or

873
s. 1002.395
,
except for those students enrolled in a

874
personalized education program:

875
1. The organization must commit scholarship funds on behalf

876
of the student for tuition and fees
that
the parent
must
pay at

877
a
participating private school before scholarship account funds

878
may be used
for additional authorized uses under s.

879
1002.394(4)(a)
or s. 1002.395(4)(d)
. A parent is responsible for

880
all eligible expenses in excess of the scholarship
amount
.
An

881
organization shall ensure that the parent has approved a funds

882
transfer before any scholarship funds are deposited. The parent

883
may not designate any entity or individual associated with
a

884
participating private school as the parent’s attorney in fact to

885
approve a funds transfer.

886
2. After funds have been committed pursuant to subparagraph

887
1., funds may be used as authorized in s. 1002.394(4)(a) and as

888
authorized in the organization’s purchasing handbook by paying

889
for the authorized use directly and then submitting a

890
reimbursement request to the organization. An organization may

891
require the use of an online platform for direct purchases of

892
products if such use does not limit a parent’s choice of

893
curriculum or academic programs. If a parent purchases a product

894
identical to one offered by an organization’s online platform

895
for a lower price, the organization must reimburse the parent

896
the cost of the product.

897
3
. The initial payment shall be made after the

898
organization’s verification of admission acceptance, and

899
subsequent payments shall be made upon verification of continued

900
enrollment and attendance at
a
participating private school.

901
Payments for tuition and fees for full-time enrollment shall be

902
made within 7 business days after approval by the parent and the

903
private school.

904
4. If a student unenrolls from a participating private

905
school within 10 business days after enrolling in the private

906
school, the private school must return a proportional share of

907
the student’s scholarship payment to the organization.

908
5
. An organization may not transfer any funds to an account

909
of a student which has a balance in excess of $24,000.

910
(
c
) For students eligible pursuant to s. 1002.394(3)(b)
:

911
1. The organization must verify qualifying educational

912
expenditures
pursuant to the requirements of s. 1002.394(4)(b).

913
The organization must verify
any expenditures made pursuant to

914
s. 1002.394(4)(b)1. and 2.
b
efore the distribution of funds
.

915
Review of expenditures made for services specified in s.

916
1002.394(4)(b)3.-1
6
. may be completed after the purchase is

917
made.

918
2. The organization must develop a process, for

919
implementation beginning in the 2026-2027 school year, that

920
provides the commitment of scholarship funds on behalf of the

921
student for tuition and fees that a parent must pay at the

922
Florida Virtual School as a private-pay student before

923
scholarship account funds may be used
for additional authorized

924
uses under s. 1002.394(4)(
b
) or s. 1002.395(
6
)(d)
.

925
3
. An organization may not transfer any funds to an account

926
of a student which has a balance in excess of $50,000.

927
(d
) A parent of a student attending a public school on a

928
part-time basis through contracted services provided by a public

929
school or school district pursuant to s. 1002.44 must notify the

930
public school or school district in writing at the time of

931
application or at any subsequent time if the student is

932
receiving a scholarship. For such contracted services, the

933
public school may require the parent to pay for the contracted

934
services as authorized in ss. 1002.395(4)(a)
6.
,

935
1002.395(4)(b)
8.
, and 1002.395(6)(d)
4.f
.

936
(e) A parent of a 3- or 4-year-old child receiving a

937
scholarship pursuant to s. 1002.394(3)(b) and receiving services

938
at a public school or school district must notify the public

939
school or school district in writing at the time of application

940
or at any subsequent time if the student is receiving a

941
scholarship.

942
(f) The

parent of a student
who fails to comply with this

943
subsection forfeits the scholarship.
An organization must notify

944
the parent when a scholarship account is closed and when program

945
funds revert to the state or organization, as applicable.

946
(7) TESTING REQUIREMENTS.—A student participating in a

947
scholarship program in grades 3 through 10 m
ay
take the

948
nationally norm-referenced tests that are identified by the

949
department
or
take the statewide assessments pursuant to s.

950
1008.22. Students with disabilities for whom standardized

951
testing is not appropriate
and who are
granted an extraordinary

952
exemption from the administration of the assessment
pursuant to

953
s. 1008.212
are exempt from this requirement.

954
(a) A participating private school must annually administer

955
or make provision for students participating in the program in

956
grades 3 through 10 to take one of the nationally norm

957
referenced tests or cooperate with a student whose parent

958
chooses to participate in the statewide assessments pursuant to

959
s. 1008.22. A
parent must r
equire his or her student

960
participating in the program to take the norm-referenced
tests

961
offered by the participating private school. The parent may also

962
choose to have the student participate in the statewide

963
assessments pursuant to s. 1008.22.

964
(b)1. If the participating private school chooses to offer

965
and administer the statewide assessments pursuant to s. 1008.22

966
to all students who attend the private school in grades 3

967
through 10, it must submit a request in writing to the

968
department by March 1 of each year in order to administer the

969
statewide assessments in the subsequent school year. In turn
,

970
u
pon the request of the department, a school district shall

971
coordinate with the department to provide to a participating

972
private school the statewide assessments and any related

973
materials for administering the assessments.

974
2.
A school district is responsible for
administering tests

975
at a participating private school, including:

976
a.

Providing
training for private school staff on test

977
security and assessment administration procedures;

978
b.

Distributing
testing materials to a private school;

979
c.

Retrieving
testing materials from a private school;

980
d.

Providing
the required format for a private school to

981
submit information to the district for test administration and

982
enrollment purposes; and

983
e.

Providing
any required assistance, monitoring, or

984
investigation related to administering tests and assessments
at

985
a private school.

986
3. A participating private school shall report a student’s

987
scores to his or her parent. By August 15 of each year, a

988
participating private school must report the scores of all

989
participating students to a state university as described in s.

990
1002.395(9)(
b
)
3
.

991
4. If
a
parent requests that the student participating in

992
the program take statewide assessments pursuant to s. 1008.22

993
and the participating private school has not chosen to offer and

994
administer the statewide assessments,
the district in which the

995
participating private school
is located must
provide locations

996
and times
for the student
to take
the
assessments.
The parent is

997
responsible for transporting the student to the assessment site

998
designated by the school district.

999
5. For students determined eligible pursuant to s.

1000
1002.395(7)(b), an organization must receive eligible student

1001
test scores, and beginning with the 2027-2028 school year, by

1002
August 15, annually report test scores for such students to a

1003
state university pursuant to s. 1002.395(9)(b)3.

1004
(
8
) BACKGROUND SCREENING REQUIREMENTS.—

1005
(a) Each owner or operator

or
an individual
providing

1006
services under s. 1002.394(
4
)(
b
)4.
or s. 1002.395(6)(d)4.

1007
through an organization’s online platform for direct purchase

1008
pursuant to subparagraph (6)(b)2.,
prior to employment or

1009
engagement to provide services,
must
undergo
a
background

1010
screening
and meet the screening standards in s. 1012.315. All

1011
fingerprints submitted to the Department of Law Enforcement as

1012
required by this section must be retained in the Care Provider

1013
Background Screening Clearinghouse as provided in s. 435.12.
The

1014
cost of the background screening may be borne by the owner or

1015
operator or service provider.

1016
1.
Employees, contracted personnel, owners, and operators

1017
must be rescreened as required by s. 435.12.

1018
2
.
Employees, contracted personnel, owners, and operators

1019
who apply for employment are governed by the laws and rules in

1020
effect at the time of the application for employment, provided

1021
that the person is continually employed by the same school or

1022
provider.
An owner or operator who fails the level 2 background

1023
screening is not eligible to participate in a scholarship

1024
program under this chapter.

1025
3. Service providers who have been screened under licensure

1026
requirements in ch
apter
402, or
who are exempt
from licensure,

1027
are not required to be rescreened under this section.
The

1028
Department of Education and the Department of Children and

1029
Families must implement a process to electronically share

1030
background screening results for such service providers.

1031
4
. In addition to the offenses listed in s. 435.04, a

1032
person required to undergo background screening pursuant to this

1033
section
or authorizing statutes may not have an arrest awaiting

1034
final disposition for, must not have been found guilty of, or

1035
entered a plea of nolo contendere to, regardless of

1036
adjudication, and must not have been adjudicated delinquent for,

1037
and the record must not have been sealed or expunged for, any of

1038
the following offenses or any similar offense of another

1039
jurisdiction:

1040
a. Any authorizing statutes, if the offense was a felony.

1041
b. This chapter, if the offense was a felony.

1042
c. Section 409.920, relating to Medicaid provider fraud.

1043
d. Section 409.9201, relating to Medicaid fraud.

1044
e. Section 741.28, relating to domestic violence.

1045
f. Section 817.034, relating to fraudulent acts through

1046
mail, wire, radio, electromagnetic, photoelectronic, or

1047
photooptical systems.

1048
g. Section 817.234, relating to false and fraudulent

1049
insurance claims.

1050
h. Section 817.505, relating to patient brokering.

1051
i. Section 817.568, relating to criminal use of personal

1052
identification information.

1053
j. Section 817.60, relating to obtaining a credit card

1054
through fraudulent means.

1055
k. Section 817.61, relating to fraudulent use of credit

1056
cards, if the offense was a felony.

1057
l. Section 831.01, relating to forgery.

1058
m. Section 831.02, relating to uttering forged instruments.

1059
n. Section 831.07, relating to forging bank bills, checks,

1060
drafts, or promissory notes.

1061
o. Section 831.09, relating to uttering forged bank bills,

1062
checks, drafts, or promissory notes.

1063
p. Section 831.30, relating to fraud in obtaining medicinal

1064
drugs.

1065
q. Section 831.31, relating to the sale, manufacture,

1066
delivery, or possession with the intent to sell, manufacture, or

1067
deliver any counterfeit controlled substance, if the offense was

1068
a felony.

1069
5
. At least 30 calendar days before a transfer of ownership

1070
of a private school, the owner or operator shall notify the

1071
parent of each scholarship student.

1072
6
. The owner or operator of a private school that has been

1073
deemed ineligible to participate in a scholarship program

1074
pursuant to this chapter may not transfer ownership or

1075
management authority of the school to a relative in order to

1076
participate in a scholarship program as the same school or a new

1077
school. For purposes of this subparagraph, the term “relative”

1078
means father, mother, son, daughter, grandfather, grandmother,

1079
brother, sister, uncle, aunt, cousin, nephew, niece, husband,

1080
wife, father-in-law, mother-in-law, son-in-law, daughter-in-law,

1081
brother-in-law, sister-in-law, stepfather, stepmother, stepson,

1082
stepdaughter, stepbrother, stepsister, half brother, or half

1083
sister.

1084
(b) An organization must report the annual audit of

1085
background screening results required under this subsection to

1086
the department.

1087
(9)
PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private
1088 school participating in an educational scholarship program
1089 established pursuant to this chapter
may be sectarian or

1090
nonsectari
an and
must be a private school as defined in s.
1091 1002.01 in this state, be registered, and be in compliance with
1092 all requirements of this section in addition to private school
1093 requirements outlined in s. 1002.42, specific requirements
1094 identified within respective scholarship program laws, and other
1095 provisions of Florida law that apply to private schools
.

1096
Additionally, a private school participating in an educational

1097
scholarship program pursuant to this chapter
, and
must:
1098 (a) Comply with the antidiscrimination provisions of 42
1099 U.S.C. s. 2000d.
1100 (b) Notify the department of its intent to participate in a
1101 scholarship program.
1102 (c) Notify the department of any change in the school’s
1103 name, school director, mailing address, or physical location
1104 within 15 days after the change.
1105 (d) Provide to the department or
scholarship-funding

1106 organization all documentation required for a student’s
1107 participation
or required by the organization to process a

1108
scholarship payment
, including the private school’s and
1109 student’s individual fee schedule, and attendance verification
1110 as required by the department or
scholarship-funding

1111 organization, prior to scholarship payment.
Such information

1112
must be provided by the deadlines established by the

1113
organization and in accordance with the requirements of
this

1114
section and ss. 1002.394 and 1002.395
. A student is not eligible

1115
to receive a scholarship payment if the private school fails to

1116
meet the deadlines.

1117 (e) Annually complete and submit to the department a
1118 notarized scholarship compliance statement certifying that all
1119 school employees and contracted personnel with direct student
1120 contact have undergone background screening and have met the
1121 screening standards as provided in s. 1012.315.
1122 (f) Demonstrate fiscal soundness and accountability by:
1123 1. Being in operation for at least 3 school years or
1124 obtaining a surety bond or letter of credit for the amount equal
1125 to the scholarship funds for any quarter and filing the surety
1126 bond or letter of credit with the department.
1127 2. Requiring the parent of each scholarship student to
1128 personally restrictively endorse the scholarship warrant to the
1129 school or to approve a funds transfer before any funds are
1130 deposited for a student. The school may not act as attorney in
1131 fact for the parent of a scholarship student under the authority
1132 of a power of attorney executed by such parent, or under any
1133 other authority, to endorse a scholarship warrant or approve a
1134 funds transfer on behalf of such parent.
1135 (g) Meet applicable state and local health, safety, and
1136 welfare laws, codes, and rules, including:
1137 1. Firesafety.
1138 2. Building safety.
1139 (h) Employ or contract with teachers who hold baccalaureate
1140 or higher degrees, have at least 3 years of teaching experience
1141 in public or private schools, or have special skills, knowledge,
1142 or expertise that qualifies them to provide instruction in
1143 subjects taught.
1144 (i) Maintain a physical location in the state at which each
1145 student has regular and direct contact with teachers. Regular
1146 and direct contact with teachers may be satisfied for students
1147 enrolled
pursuant to s. 1002.394(4)(b) or
in a personalized
1148 education program if students have regular and direct contact
1149 with teachers at the physical location at least 2 school days
1150 per week and the student learning plan addresses the remaining
1151 instructional time.
1152 (j) Publish on the school’s website, or provide in a
1153 written format, information for parents regarding the school,
1154 including, but not limited to, programs, services, the
1155 qualifications of classroom teachers, and a statement that a
1156 parentally placed private school student with a disability does
1157 not have an individual right to receive some or all of the
1158 special education and related services that the student would
1159 receive if enrolled in a public school under the Individuals
1160 with Disabilities Education Act (IDEA), as amended.
1161 (k) At a minimum, provide the parent of each scholarship
1162 student with a written explanation of the student’s progress on
1163 a quarterly basis.
1164 (l) Cooperate with a student whose parent chooses to
1165 participate in the statewide assessments pursuant to s. 1008.22.
1166 (m) Require each employee and contracted personnel with
1167 direct student contact, upon employment or engagement to provide
1168 services, to undergo background screening under s. 1012.315 and
1169 deny employment to or terminate an employee if he or she fails
1170 to meet the screening standards under s. 1012.315. For purposes
1171 of this paragraph:
1172 1. An “employee or contracted personnel with direct student
1173 contact” means any employee or contracted personnel who has
1174 unsupervised access to a scholarship student for whom the
1175 private school is responsible.
1176 2. The costs of fingerprinting and the background check
1177 shall not be borne by the state.
1178 3. Continued employment of an employee or contracted
1179 personnel after notification that he or she has failed the
1180 background screening under this paragraph shall cause a private
1181 school to be ineligible for participation in a scholarship
1182 program.
1183 4. An employee or contracted personnel holding a valid
1184 Florida teaching certificate who has been fingerprinted pursuant
1185 to s. 1012.32 is not required to comply with the provisions of
1186 this paragraph.
1187 5. All fingerprints submitted to the Department of Law
1188 Enforcement as required by this section must be retained in the
1189 Care Provider Background Screening Clearinghouse as provided in
1190 s. 435.12.
1191
6. Employees, contracted personnel, owners, and operators

1192
must be rescreened as required by s. 435.12.

1193
7. Persons who apply for employment are governed by the

1194
laws and rules in effect at the time of application for

1195
employment, provided that the person is continually employed by

1196
the same school.

1197 (n) Adopt policies establishing standards of ethical
1198 conduct for educational support employees, instructional
1199 personnel, and school administrators. The policies must require
1200 all educational support employees, instructional personnel, and
1201 school administrators, as defined in s. 1012.01, to complete
1202 training on the standards; establish the duty of educational
1203 support employees, instructional personnel, and school
1204 administrators to report, and procedures for reporting, alleged
1205 misconduct by other educational support employees, instructional
1206 personnel, and school administrators which affects the health,
1207 safety, or welfare of a student; and include an explanation of
1208 the liability protections provided under ss. 39.203 and 768.095.
1209 A private school, or any of its employees, may not enter into a
1210 confidentiality agreement regarding terminated or dismissed
1211 educational support employees, instructional personnel, or
1212 school administrators, or employees, personnel, or
1213 administrators who resign in lieu of termination, based in whole
1214 or in part on misconduct that affects the health, safety, or
1215 welfare of a student, and may not provide the employees,
1216 personnel, or administrators with employment references or
1217 discuss the employees’, personnel’s, or administrators’
1218 performance with prospective employers in another educational
1219 setting, without disclosing the employees’, personnel’s, or
1220 administrators’ misconduct. Any part of an agreement or contract
1221 that has the purpose or effect of concealing misconduct by
1222 educational support employees, instructional personnel, or
1223 school administrators which affects the health, safety, or
1224 welfare of a student is void, is contrary to public policy, and
1225 may not be enforced.
1226 (o) Before employing a person in any position that requires
1227 direct contact with students, conduct employment history checks
1228 of previous employers, screen the person through use of the
1229 screening tools described in s. 1001.10(5), and document the
1230 findings. If unable to contact a previous employer, the private
1231 school must document efforts to contact the employer. The
1232 private school may not employ a person whose educator
1233 certificate is revoked, who is barred from reapplying for an
1234 educator certificate, or who is on the disqualification list
1235 maintained by the department pursuant to s. 1001.10(4)(b).
1236
(p) Require each owner or operator of the private school,

1237
prior to employment or engagement to provide services, to

1238
undergo background screening as provided in s. 1012.315. For

1239
purposes of this paragraph, the term “owner or operator” means

1240
an owner, an operator, a superintendent, or a principal of, or a

1241
person with equivalent decisionmaking authority over, a private

1242
school participating in a scholarship program established

1243
pursuant to this chapter. The fingerprints for the background

1244
screening must be electronically submitted to the Department of

1245
Law Enforcement and may be taken by an authorized law

1246
enforcement agency or a private company who is trained to take

1247
fingerprints. However, the complete set of fingerprints of an

1248
owner or operator may not be taken by the owner or operator. The

1249
cost of the background screening may be borne by the owner or

1250
operator.

1251
1. In addition to the offenses listed in s. 435.04, a

1252
person required to undergo background screening pursuant to this

1253
part or authorizing statutes may not have an arrest awaiting

1254
final disposition for, must not have been found guilty of, or

1255
entered a plea of nolo contendere to, regardless of

1256
adjudication, and must not have been adjudicated delinquent for,

1257
and the record must not have been sealed or expunged for, any of

1258
the following offenses or any similar offense of another

1259
jurisdiction:

1260
a. Any authorizing statutes, if the offense was a felony.

1261
b. This chapter, if the offense was a felony.

1262
c. Section 409.920, relating to Medicaid provider fraud.

1263
d. Section 409.9201, relating to Medicaid fraud.

1264
e. Section 741.28, relating to domestic violence.

1265
f. Section 817.034, relating to fraudulent acts through

1266
mail, wire, radio, electromagnetic, photoelectronic, or

1267
photooptical systems.

1268
g. Section 817.234, relating to false and fraudulent

1269
insurance claims.

1270
h. Section 817.505, relating to patient brokering.

1271
i. Section 817.568, relating to criminal use of personal

1272
identification information.

1273
j. Section 817.60, relating to obtaining a credit card

1274
through fraudulent means.

1275
k. Section 817.61, relating to fraudulent use of credit

1276
cards, if the offense was a felony.

1277
l. Section 831.01, relating to forgery.

1278
m. Section 831.02, relating to uttering forged instruments.

1279
n. Section 831.07, relating to forging bank bills, checks,

1280
drafts, or promissory notes.

1281
o. Section 831.09, relating to uttering forged bank bills,

1282
checks, drafts, or promissory notes.

1283
p. Section 831.30, relating to fraud in obtaining medicinal

1284
drugs.

1285
q. Section 831.31, relating to the sale, manufacture,

1286
delivery, or possession with the intent to sell, manufacture, or

1287
deliver any counterfeit controlled substance, if the offense was

1288
a felony.

1289
2. At least 30 calendar days before a transfer of ownership

1290
of a private school, the owner or operator shall notify the

1291
parent of each scholarship student.

1292
3. The owner or operator of a private school that has been

1293
deemed ineligible to participate in a scholarship program

1294
pursuant to this chapter may not transfer ownership or

1295
management authority of the school to a relative in order to

1296
participate in a scholarship program as the same school or a new

1297
school. For purposes of this subparagraph, the term “relative”

1298
means father, mother, son, daughter, grandfather, grandmother,

1299
brother, sister, uncle, aunt, cousin, nephew, niece, husband,

1300
wife, father-in-law, mother-in-law, son-in-law, daughter-in-law,

1301
brother-in-law, sister-in-law, stepfather, stepmother, stepson,

1302
stepdaughter, stepbrother, stepsister, half brother, or half

1303
sister.

1304
(p)
(q)
Provide a report from an independent certified
1305 public accountant who performs the agreed-upon procedures
1306 developed pursuant to
s. 1002.395(6)(
l
)

s. 1002.395(6)(q)
if the
1307 private school receives more than $250,000 in funds from
1308 scholarships awarded under this chapter in a state fiscal year.
1309 A private school subject to this subsection must annually submit
1310 the report by September 15 to the scholarship-funding
1311 organization that awarded the majority of the school’s
1312 scholarship funds. The agreed-upon procedures must be conducted
1313 in accordance with attestation standards established by the
1314 American Institute of Certified Public Accountants.
1315
(q)
(
r
)
Prohibit education support employees, instructional
1316 personnel, and school administrators from employment in any
1317 position that requires direct contact with students if the
1318 personnel or administrators are ineligible for such employment
1319 pursuant to this section or s. 1012.315, or have been terminated
1320 or have resigned in lieu of termination for sexual misconduct
1321 with a student. If the prohibited conduct occurs subsequent to
1322 employment, the private school must report the person and the
1323 disqualifying circumstances to the department for inclusion on
1324 the disqualification list maintained pursuant to s.
1325 1001.10(4)(b).
1326
(r)
(
s
)
Not be owned or operated by a person or an entity
1327 domiciled in, owned by, or in any way controlled by a foreign
1328 country of concern or foreign principal as defined in s.
1329 288.860. A violation of this paragraph constitutes an imminent
1330 threat to the health, safety, and welfare of the school’s
1331 students and to the public, sufficient to justify immediate
1332 suspension of payment of scholarship funds under
paragraph

1333
(11)(e)

paragraph (3)(e)
, as well as denial, suspension, or
1334 revocation of a school’s participation in a scholarship program
1335 under
paragraph (11)(b)

paragraph (3)(b)
.
1336
(
s
) The inclusion of eligible private schools within

1337
options available to Florida public school students does not

1338
expand the regulatory authority of the state, its officers, or

1339
any school district to impose any additional regulation of

1340
private schools beyond
that
reasonably necessary to enforce

1341
requirements expressly set forth in this section.

1342
1343 The department shall suspend the payment of funds to a private
1344 school that knowingly fails to comply with this subsection
or

1345
subsection (8)
, and shall prohibit the school from enrolling new
1346 scholarship students, for 1 fiscal year and until the school
1347 complies. If a private school fails to meet the requirements of
1348 this subsection
or subsection (8)
or has consecutive years of
1349 material exceptions listed in the report required under
1350 paragraph
(p)

(q)
, the commissioner may determine that the
1351 private school is ineligible to participate in a scholarship
1352 program.
1353
(10)
(2)
DEPARTMENT OF EDUCATION OBLIGATIONS.—
1354 (a) The Department of Education shall:
1355 1. Annually verify the eligibility of private schools that
1356 meet the requirements of this section, specific requirements
1357 identified within respective scholarship program laws, and other
1358 provisions of state law that apply to private schools.
1359 2. Establish a toll-free hotline that provides parents and
1360 private schools with information on participation in the
1361 scholarship programs.
1362 3.
Publish and update, as necessary, information on the

1363
department website about the educational scholarship programs

1364
established under this chapter, including, but not limited to,

1365
student eligibility criteria, parental responsibilities, and

1366
relevant data. The information must include a list of approved

1367
providers as required by s. 1002.66, eligible postsecondary

1368
educational institutions, eligible private schools, and eligible

1369
organizations and may identify or provide links to lists of

1370
other approved providers.

1371
4.
Establish a process by which individuals may notify the
1372 department of any violation by a parent, private school, or
1373 school district of state laws relating to program participation.
1374 If the department has reasonable cause to believe that a
1375 violation of this section or any rule adopted by the State Board
1376 of Education has occurred, it shall conduct an inquiry or make a
1377 referral to the appropriate agency for an investigation. A
1378 department inquiry is not subject to the requirements of chapter
1379 120.
1380
5. Investigate any written complaint of a violation of this

1381
section by a parent, a student, a participating private school,

1382
a public school, a school district, an organization, a provider,

1383
or another appropriate party in accordance with the process

1384
established under s. 1002.421.

1385
6.
I
nvestigate fraudulent activity on behalf of

1386
organizations, participating eligible private schools, or

1387
scholarship recipients to determine possible fraud or

1388
overpayment. If
,
by
the department’s
own inquiries or as a

1389
result of a complaint, the commissioner has reason to believe

1390
that an organization,
a
private school, or
a
recipient has

1391
engaged in, or is engaging in, a fraudulent act, he or she shall

1392
investigate and determine whether any fraud or overpayment has

1393
occurred. During the investigation, the department may examine

1394
all records and make inquiry of all persons who may have

1395
knowledge as to any irregularity incidental to the disbursement

1396
of state funds or other items or benefit authorizations to

1397
scholarship recipients. Based on the results of the

1398
investigation, the department may, in its discretion, refer the

1399
investigation to the Department of Financial Services for

1400
criminal investigation. Any suspected criminal violation

1401
identified by the department must be referred to the Department

1402
of Financial Services for criminal investigation. A person who

1403
commits an act of fraud is subject to the penalties provided in

1404
s. 414.39(5).

1405
7
.
4.
Require an annual, notarized, sworn compliance
1406 statement from participating private schools certifying
1407 compliance with state laws, and retain such records.
1408
8
.
5.
Coordinate with the entities conducting the health
1409 inspection for a private school to obtain copies of the
1410 inspection reports.
1411
9
.
6.
Conduct site visits to private schools entering a
1412 scholarship program for the first time. Beginning with the 2019
1413 2020 school year, a private school is not eligible to receive
1414 scholarship payments until a satisfactory site visit has been
1415 conducted and the school is in compliance with all other
1416 requirements of this section.
1417
10.
7.
Coordinate with the State Fire Marshal to obtain
1418 access to fire inspection reports for private schools. The
1419 authority conducting the fire safety inspection shall certify to
1420 the State Fire Marshal that the annual inspection has been
1421 completed and that the school is in full compliance. The
1422 certification shall be made electronically or by such other
1423 means as directed by the State Fire Marshal.
1424
11
.
8.
Upon the request of a participating private school
1425 authorized to administer statewide assessments, provide at no
1426 cost to the school the statewide assessments administered under
1427 s. 1008.22 and any related materials for administering the
1428 assessments. Students at a private school may be assessed using
1429 the statewide assessments if the addition of those students and
1430 the school does not cause the state to exceed its contractual
1431 caps for the number of students tested and the number of testing
1432 sites. The state shall provide the same materials and support to
1433 a private school that it provides to a public school. A private
1434 school that chooses to administer statewide assessments under s.
1435 1008.22 shall follow the requirements set forth in ss. 1008.22
1436 and 1008.24, rules adopted by the State Board of Education to
1437 implement those sections, and district-level testing policies
1438 established by the district school board.
1439
12
. Maintain and annually publish a list of nationally

1440
norm-referenced tests identified for purposes of satisfying the

1441
testing requirement
s
in
subsection (7)
. The tests must meet

1442
industry standards of quality in accordance with state board

1443
rule.

1444
13. Develop a standard withdrawal form for parents who are

1445
withdrawing their students from public school to enroll in a

1446
scholarship program under this chapter. The form must include

1447
the student’s
Florida
student

i
dentification number, full name,

1448
date of birth, school or program

from which
the student is

1449
withdrawing
, and
date of withdrawal
.

1450
14.
Annually report on the number of students withdrawing

1451
from each scholarship program and enrolling in a public school,

1452
and the number of students withdrawing from a public school and

1453
enrolling in a scholarship program, by scholarship type.

1454 (b) The department may conduct site visits to any private
1455 school participating in a scholarship program pursuant to this
1456 chapter that has received a complaint about a violation of state
1457 law or state board rule pursuant to subparagraph (a)3. or has
1458 received a notice of noncompliance or a notice of proposed
1459 action within the previous 2 years.
1460 (c)
At the direction of the Commissioner of Education, the

1461
department may:

1462
1. Suspend or revoke program participation or use of

1463
program funds by the student or participation or eligibility of

1464
an organization, eligible postsecondary educational institution,

1465
approved provider, or other party for a violation of this

1466
section.

1467
2. Determine the length of, and conditions for lifting, a

1468
suspension or revocation specified in this paragraph.

1469
3. Recover unexpended program funds or withhold payment of

1470
an equal amount of program funds to recover program funds that

1471
were not authorized for use.

1472
1473
In determining whether to suspend or revoke participation or

1474
lift a suspension or revocation in accordance with this

1475
paragraph, the department may consider factors that include, but

1476
are not limited to, acts or omissions that led to a previous

1477
suspension or revocation of participation in a state or federal

1478
program or an education scholarship program; failure to

1479
reimburse the organization for funds improperly received or

1480
retained; failure to reimburse government funds improperly

1481
received or retained; imposition of a prior criminal sanction

1482
related to the person or entity or its officers or employees;

1483
imposition of a civil fine or administrative fine, license

1484
revocation or suspension, or program eligibility suspension,

1485
termination, or revocation related to a person’s or entity’s

1486
management or operation; or other types of criminal proceedings

1487
in which the person or entity or its officers or employees were

1488
found guilty of, regardless of adjudication, or entered a plea

1489
of nolo contendere or guilty to, any offense involving fraud,

1490
deceit, dishonesty, or moral turpitude.

1491
(d) The department, in consultation with the organization,

1492
shall develop a uniform reimbursement process that organizations

1493
must use, beginning with the 2026-2027 school year, when

1494
processing reimbursement requests, including invoices, pursuant

1495
to s.
1002.394(11)(
b
)
or s. 1002.395(6)(p). An organization must

1496
approve, deny, or request more information relating to a

1497
reimbursement request within 30 days after receipt of such

1498
request. The department shall coordinate with each organization

1499
to develop a process to collect input and feedback from parents,

1500
private schools, and providers before an organization may

1501
implement substantial modifications or enhancements to the

1502
reimbursement process.

1503
(e)
Annually, by December 15, the department shall report
1504 to the Governor, the President of the Senate, and the Speaker of
1505 the House of Representatives its actions in implementing
1506 accountability in the scholarship programs under this section,
1507
both Florida Empowerment Scholarships and Florida Tax Credit

1508
Scholarships,
any substantiated allegations or violations of law
1509 or rule by an eligible private school
or organization
under this
1510 section, and the corrective action taken.
1511
(11)
(3)
COMMISSIONER OF EDUCATION AUTHORITY AND
1512 OBLIGATIONS.—The Commissioner of Education:
1513 (a) Shall deny, suspend, or revoke a private school’s
1514 participation in a scholarship program if it is determined that
1515 the private school has failed to comply with this section or
1516 exhibits a previous pattern of failure to comply. However, if
1517 the noncompliance is correctable within a reasonable amount of
1518 time, not to exceed 45 days, and if the health, safety, or
1519 welfare of the students is not threatened, the commissioner may
1520 issue a notice of noncompliance which provides the private
1521 school with a timeframe within which to provide evidence of
1522 compliance before taking action to suspend or revoke the private
1523 school’s participation in the scholarship program.
1524 (b) May deny, suspend, or revoke a private school’s
1525 participation in a scholarship program if the commissioner
1526 determines that an owner or operator of the private school is
1527 operating or has operated an educational institution in this
1528 state or in another state or jurisdiction in a manner contrary
1529 to the health, safety, or welfare of the public or if the owner
1530 or operator has exhibited a previous pattern of failure to
1531 comply with this section or specific requirements identified
1532 within respective scholarship program laws.
For purposes of this

1533
subsection, the term “owner or operator” has the same meaning as

1534
provided in paragraph (1)(p).

1535 (c) May permanently deny or revoke the authority of an
1536 owner, officer, or director to establish or operate a private
1537 school in the state and include such individual on the
1538 disqualification list maintained by the department pursuant to
1539 s. 1001.10(4)(b) if the commissioner decides that the owner,
1540 officer, or director:
1541 1. Is operating or has operated an educational institution
1542 in the state or another state or jurisdiction in a manner
1543 contrary to the health, safety, or welfare of the public; or
1544 2. Has operated an educational institution that closed
1545 during the school year. An individual may be removed from the
1546 disqualification list if the individual reimburses the
1547 department or eligible nonprofit scholarship-funding
1548 organization the amount of scholarship funds received by the
1549 educational institution during the school year in which it
1550 closed.
1551 (d)1. In making such a determination, may consider factors
1552 that include, but are not limited to, acts or omissions by an
1553 owner or operator which led to a previous denial, suspension, or
1554 revocation of participation in a state or federal education
1555 scholarship program; an owner’s or operator’s failure to
1556 reimburse the department or scholarship-funding organization for
1557 scholarship funds improperly received or retained by a school;
1558 the imposition of a prior criminal sanction related to an
1559 owner’s or operator’s management or operation of an educational
1560 institution; the imposition of a civil fine or administrative
1561 fine, license revocation or suspension, or program eligibility
1562 suspension, termination, or revocation related to an owner’s or
1563 operator’s management or operation of an educational
1564 institution; or other types of criminal proceedings in which an
1565 owner or operator was found guilty of, regardless of
1566 adjudication, or entered a plea of nolo contendere or guilty to,
1567 any offense involving fraud, deceit, dishonesty, or moral
1568 turpitude.
1569 2. The commissioner’s determination is subject to the
1570 following:
1571 a. If the commissioner intends to deny, suspend, or revoke
1572 a private school’s participation in the scholarship program, the
1573 department shall notify the private school of such proposed
1574 action in writing by certified mail and regular mail to the
1575 private school’s address of record with the department. The
1576 notification shall include the reasons for the proposed action
1577 and notice of the timelines and procedures set forth in this
1578 paragraph.
1579 b. The private school that is adversely affected by the
1580 proposed action shall have 15 days after receipt of the notice
1581 of proposed action to file with the department’s agency clerk a
1582 request for a proceeding pursuant to ss. 120.569 and 120.57. If
1583 the private school is entitled to a hearing under s. 120.57(1),
1584 the department shall forward the request to the Division of
1585 Administrative Hearings.
1586 c. Upon receipt of a request referred pursuant to this
1587 subparagraph, the director of the Division of Administrative
1588 Hearings shall expedite the hearing and assign an administrative
1589 law judge who shall commence a hearing within 30 days after the
1590 receipt of the formal written request by the division and enter
1591 a recommended order within 30 days after the hearing or within
1592 30 days after receipt of the hearing transcript, whichever is
1593 later. Each party shall be allowed 10 days in which to submit
1594 written exceptions to the recommended order. A final order shall
1595 be entered by the agency within 30 days after the entry of a
1596 recommended order. The provisions of this sub-subparagraph may
1597 be waived upon stipulation by all parties.
1598 (e) May immediately suspend payment of scholarship funds if
1599 it is determined that there is probable cause to believe that
1600 there is:
1601 1. An imminent threat to the health, safety, or welfare of
1602 the students;
1603 2. A previous pattern of failure to comply with this
1604 section;
or

1605 3. Fraudulent activity on the part of the private school
;

1606
4
. Fraudulent activity or failure to comply with this

1607
section on the part of an organization
; or

1608
5. Fraudulent activity or failure to comply with this

1609
section on the part of a scholarship recipient
. Notwithstanding
1610 s. 1002.22, in incidents of alleged fraudulent activity pursuant
1611 to this section, the department’s Office of Inspector General is
1612 authorized to release personally identifiable records or reports
1613 of students to the following persons or organizations:
1614 a. A court of competent jurisdiction in compliance with an
1615 order of that court or the attorney of record in accordance with
1616 a lawfully issued subpoena, consistent with the Family
1617 Educational Rights and Privacy Act, 20 U.S.C. s. 1232g.
1618 b. A person or entity authorized by a court of competent
1619 jurisdiction in compliance with an order of that court or the
1620 attorney of record pursuant to a lawfully issued subpoena,
1621 consistent with the Family Educational Rights and Privacy Act,
1622 20 U.S.C. s. 1232g.
1623 c. Any person, entity, or authority issuing a subpoena for
1624 law enforcement purposes when the court or other issuing agency
1625 has ordered that the existence or the contents of the subpoena
1626 or the information furnished in response to the subpoena not be
1627 disclosed, consistent with the Family Educational Rights and
1628 Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31.
1629
1630 The commissioner’s order suspending payment pursuant to this
1631 paragraph may be appealed pursuant to the same procedures and
1632 timelines as the notice of proposed action set forth in
1633 subparagraph (d)2.
1634
(
1
2
) SCHOOL DISTRICT OBLIGATIONS.—

1635
(a) By January 1 of each year, a school district shall

1636
inform all households within the district receiving free or

1637
reduced-priced meals under the National School Lunch Act of

1638
their eligibility to apply for a scholarship program established

1639
under this chapter. The form of such notice shall be provided by

1640
the department, and the school district shall include the

1641
provided form in any normal correspondence with eligible

1642
households. If an organization requests a special communication

1643
to be issued to households within the district receiving free or

1644
reduced-price meals under the National School Lunch Act, the

1645
organization shall reimburse the district for the cost of

1646
postage. Such notice is limited to once a year.

1647
(b) Upon the request of the department, a school district

1648
shall coordinate with the department to provide to a

1649
participating private school the statewide assessments

1650
administered under s. 1008.22 and any related materials for

1651
administering the assessments. For a student
participating
in a

1652
scholarship program established under this chapter whose parent

1653
requests that the student take the statewide assessments under

1654
s. 1008.22, the district in which the student attends a

1655
participating private school shall provide locations and times

1656
to take all statewide assessments. A school district is

1657
responsible for implementing test administrations at a

1658
participating private school, including:

1659
1.
Providing
training for private school staff on test

1660
security and assessment administration procedures;

1661
2.
Distributing
testing materials to a private school;

1662
3.
Retrieving
testing materials from a private school;

1663
4.
Providing
the required format for a private school to

1664
submit information to the district for test administration and

1665
enrollment purposes; and

1666
5.
Providing
any required assistance, monitoring, or

1667
investigation at a private school.

1668
(c) Each school district must publish information about a

1669
scholarship program established under this chapter on the

1670
district’s website homepage. At a minimum, the published

1671
information must include a website link to the scholarship

1672
programs published on the department’s website as well as a

1673
telephone number and e-mail
address
that students and parents

1674
may use to contact relevant personnel in the school district to

1675
obtain information about the scholarship.

1676
(d) A school district, upon the request of a parent, must

1677
provide the parent of a student enrolled in a school in the

1678
school district the standard withdrawal form developed by the

1679
department. The school district must sign a completed form

1680
within 10 days after receipt. The school district must also

1681
publish the withdrawal form on its website in a downloadable

1682
format
no later than 10 days after adoption by the department
.

1683
(4) The inclusion of eligible private schools within

1684
options available to Florida public school students does not

1685
expand the regulatory authority of the state, its officers, or

1686
any school district to impose any additional regulation of

1687
private schools beyond those reasonably necessary to enforce

1688
requirements expressly set forth in this section.

1689
(13)
(5)

RULEMAKING.—
The State Board of Education shall
1690 adopt rules pursuant to ss. 120.536(1) and 120.54 to administer
1691 this section, including rules to establish a deadline for
1692 private school applications for participation and timelines for
1693 the department to conduct site visits.
1694 Section 5. Subsections (2) through (12) of section
1695 1002.394, Florida Statutes, are amended to read:
1696 1002.394 The Family Empowerment Scholarship Program.—
1697 (2) DEFINITIONS.—As used in this section, the term:
1698 (a)
“Approved provider” means a provider approved by the

1699
Agency for Persons with Disabilities, a health care practitioner

1700
as defined in s. 456.001, or a provider approved by the

1701
department pursuant to s. 1002.66.

1702
(b) “Choice navigator” has the same meaning as in s.

1703
1002.395(2).

1704
(c) “Curriculum” means a complete course of study for a

1705
particular content area or grade level, including any required

1706
supplemental materials and associated online instruction.

1707
(d)
“Department” means the Department of Education.
1708
(e) “Disability” means, for a 3- or 4-year-old child or for

1709
a student in kindergarten to grade 12, autism spectrum disorder,

1710
as defined in the Diagnostic and Statistical Manual of Mental

1711
Disorders, Fifth Edition, published by the American Psychiatric

1712
Association; cerebral palsy, as defined in s. 393.063; Down

1713
syndrome, as defined in s. 393.063; an intellectual disability,

1714
as defined in s. 393.063; a speech impairment; a language

1715
impairment; an orthopedic impairment; any other health

1716
impairment; an emotional or a behavioral disability; a specific

1717
learning disability, including, but not limited to, dyslexia,

1718
dyscalculia, or developmental aphasia; Phelan-McDermid syndrome,

1719
as defined in s. 393.063; Prader-Willi syndrome, as defined in

1720
s. 393.063; spina bifida, as defined in s. 393.063; being a

1721
high-risk child, as defined in s. 393.063(2
3
)(a); muscular

1722
dystrophy; Williams syndrome; rare diseases which affect patient

1723
populations of fewer than 200,000 individuals in the United

1724
States, as defined by the National Organization for Rare

1725
Disorders; anaphylaxis; a hearing impairment, including

1726
deafness; a visual impairment, including blindness; traumatic

1727
brain injury; hospital or homebound; or identification as dual

1728
sensory impaired, as defined by rules of the State Board of

1729
Education and evidenced by reports from local school districts.

1730
The term “hospital or homebound” includes a student who has a

1731
medically diagnosed physical or psychiatric condition or

1732
illness, as defined by the state board in rule, and who is

1733
confined to the home or hospital for more than 6 months.

1734
(f) “Eligible nonprofit scholarship-funding organization”

1735
or “organization” has the same meaning as in s. 1002.395(2).

1736
(g) “Eligible postsecondary educational institution” means

1737
a Florida College System institution; a state university; a

1738
school district technical center; a school district adult

1739
general education center; an independent college or university

1740
that is eligible to participate in the William L. Boyd, IV,

1741
Effective Access to Student Education Grant Program under s.

1742
1009.89; or an accredited independent postsecondary educational

1743
institution, as defined in s. 1005.02, which is licensed to

1744
operate in this state under part III of chapter 1005 or is

1745
approved to participate in a reciprocity agreement as defined in

1746
s. 1000.35(2).

1747
(h) “Eligible private school” has the same meaning as in s.

1748
1002.395(2).

1749
(i) “IEP” means an individual education plan, regardless of

1750
whether the plan has been reviewed or revised within the last 12

1751
months.

1752
(j) “Inactive” means that no eligible expenditures have

1753
been made from an account funded pursuant to paragraph (12)(b).

1754
(k) “Job coach” means an individual employed to help people

1755
with disabilities learn, accommodate to, and perform their work

1756
duties.

1757
(l) “Law enforcement officer” has the same meaning as

1758
provided in s. 943.10(1).

1759
(m) “Parent” means a resident of this state who is a

1760
parent, as defined in s. 1000.21.

1761
(b)
(n)
“Program” means the Family Empowerment Scholarship
1762 Program.
1763 (3) SCHOLARSHIP ELIGIBILITY.—
1764 (a)
1.
A parent of a student may apply
pursuant to s.

1765
1002.421
for and receive from the state a scholarship for the
1766 purposes specified in paragraph (4)(a) if the student:
1767
1.
a.
Is a resident of this state or the dependent child of
1768 an active duty member of the United States Armed Forces who has
1769 received permanent change of station orders to this state; and
1770
2.
b.
Is eligible to enroll in kindergarten through grade 12
1771 in a public school in this state or received a scholarship under
1772 the
former
Hope Scholarship Program in the 2023-2024 school
1773 year.
1774
2. Priority must be given in the following order:

1775
a. A student whose household income level does not exceed

1776
185 percent of the federal poverty level or who is in foster

1777
care or out-of-home care.

1778
b. A student whose household income level exceeds 185

1779
percent of the federal poverty level, but does not exceed 400

1780
percent of the federal poverty level.

1781 (b) A parent of a student with a disability may apply
1782
pursuant to s. 1002.421
for and receive from the state a
1783 scholarship
, which shall be referred to as the McKay-Gardiner

1784
Scholarship,
for the purposes specified in paragraph (4)(b) if
1785 the student:
1786 1. Is a resident of this state or the dependent child of an
1787 active duty member of the United States Armed Forces who has
1788 received permanent change of station orders to this state or, at
1789 the time of renewal, whose home of record or state of legal
1790 residence is Florida;
1791 2. Is 3 or 4 years of age during the year in which the
1792 student applies for program participation or is eligible to
1793 enroll in kindergarten through grade 12 in a public school in
1794 this state;
1795 3. Has a disability
as defined in subsection (2)
; and
1796 4. Is the subject of an IEP written in accordance with
1797 rules of the State Board of Education or with the applicable
1798 rules of another state or has received a diagnosis of a
1799 disability from a physician who is licensed under chapter 458 or
1800 chapter 459, a psychologist who is licensed under chapter 490,
1801 or a physician who holds an active license issued by another
1802 state or territory of the United States, the District of
1803 Columbia, or the Commonwealth of Puerto Rico.
1804 (4) AUTHORIZED USES OF PROGRAM FUNDS.—
1805 (a) Program funds awarded to a student determined eligible
1806 pursuant to paragraph (3)(a) may be used for:
1807 1. Tuition and fees at an eligible private school.
1808 2. Instructional materials, including digital materials
,

1809
digital devices,
and Internet resources.
1810 3. Curriculum
as defined in subsection (2)
.
1811 4. Tuition and fees associated with full-time or part-time
1812 enrollment in an eligible postsecondary educational institution
1813 or a program offered by the postsecondary educational
1814 institution, unless the program is subject to s. 1009.25 or
1815 reimbursed pursuant to s. 1009.30; an approved preapprenticeship
1816 program as defined in s. 446.021(5) which is not subject to s.
1817 1009.25 and complies with all applicable requirements of the
1818 department pursuant to chapter 1005; a private tutoring program
1819 authorized under s. 1002.43; a virtual program offered by a
1820 department-approved private online provider that meets the
1821 provider qualifications specified in s. 1002.45(2)(a); the
1822 Florida Virtual School as a private paying student; or an
1823 approved online course offered pursuant to s. 1003.499 or s.
1824 1004.0961.
1825 5. Fees for nationally standardized, norm-referenced
1826 achievement tests, Advanced Placement Examinations, industry
1827 certification examinations, assessments related to postsecondary
1828 education, or other assessments.
1829 6. Contracted services provided by a public school or
1830 school district, including classes. A student who receives
1831 contracted services under this subparagraph is not considered
1832 enrolled in a public school for eligibility purposes as
1833 specified in subsection (6) but rather attending a public school
1834 on a part-time basis as authorized under s. 1002.44.
1835 7. Tuition and fees for part-time tutoring services or fees
1836 for services provided by a choice navigator. Such services must
1837 be provided by a person who holds a valid Florida educator’s
1838 certificate pursuant to s. 1012.56, a person who holds an
1839 adjunct teaching certificate pursuant to s. 1012.57, a person
1840 who has a bachelor’s degree or a graduate degree in the subject
1841 area
or related subject area
in which instruction is given, a
1842 person who has demonstrated a mastery of subject area knowledge
1843 pursuant to s. 1012.56(5), or a person certified by a nationally
1844 or internationally recognized research-based training program as
1845 approved by the department. As used in this subparagraph, the
1846 term “part-time tutoring services” does not qualify as regular
1847 school attendance as defined in s. 1003.01(16)(e).
1848
8. Membership dues and related activity fees for

1849
participation in career and technical student organizations.

1850 (b) Program funds awarded to a student with a disability
1851 determined eligible pursuant to paragraph (3)(b) may be used for
1852 the following purposes:
1853 1. Instructional materials, including digital devices,
1854 digital periphery devices, and assistive technology devices that
1855 allow a student to access instruction or instructional content
1856 and training on the use of and maintenance agreements for these
1857 devices.
1858 2. Curriculum
as defined in subsection (2)
.
1859 3. Specialized services by approved providers or by a
1860 hospital in this state which are selected by the parent. These
1861 specialized services may include, but are not limited to:
1862 a. Applied behavior analysis services as provided in ss.
1863 627.6686 and 641.31098.
1864 b. Services provided by speech-language pathologists as
1865 defined in s. 468.1125(8).
1866 c. Occupational therapy as defined in s. 468.203.
1867 d. Services provided by physical therapists as defined in
1868 s. 486.021(8).
1869 e. Services provided by listening and spoken language
1870 specialists and an appropriate acoustical environment for a
1871 child who has a hearing impairment, including deafness, and who
1872 has received an implant or assistive hearing device.
1873 4. Tuition and fees associated with full-time or part-time
1874 enrollment in a home education program
that meets all of the

1875
following requirements:

1876
a.
Provides educational courses or activities.

1877
b.
Has a publicly available description of courses and

1878
activities.

1879
c.
Has a tuition and fee schedule.

1880
d.
Makes the tuition and fees payable to a registered

1881
business entity.

1882
5. Tuition and fees associated with full-time or part-time

1883
enrollment in
;
an eligible private school; an eligible
1884 postsecondary educational institution or a program offered by
1885 the postsecondary educational institution, unless the program is
1886 subject to s. 1009.25 or reimbursed pursuant to s. 1009.30; an
1887 approved preapprenticeship program as defined in s. 446.021(5)
1888 which is not subject to s. 1009.25 and complies with all
1889 applicable requirements of the department pursuant to chapter
1890 1005; a private tutoring program authorized under s. 1002.43; a
1891 virtual program offered by a department-approved private online
1892 provider that meets the provider qualifications specified in s.
1893 1002.45(2)(a); the Florida Virtual School as a private paying
1894 student; or an approved online course offered pursuant to s.
1895 1003.499 or s. 1004.0961.
1896
6.
5.
Fees for nationally standardized, norm-referenced
1897 achievement tests, Advanced Placement Examinations, industry
1898 certification examinations, assessments related to postsecondary
1899 education, or other assessments.
1900
7.
6.
Contributions to the Stanley G. Tate Florida Prepaid
1901 College Program pursuant to s. 1009.98 or the Florida College
1902 Savings Program pursuant to s. 1009.981 for the benefit of the
1903 eligible student.
1904
8.
7.
Contracted services provided by a public school or
1905 school district, including classes. A student who receives
1906 services under a contract under this paragraph is not considered
1907 enrolled in a public school for eligibility purposes as
1908 specified in subsection (6) but rather attending a public school
1909 on a part-time basis as authorized under s. 1002.44.
1910
9.
8.
Tuition and fees for part-time tutoring services or
1911 fees for services provided by a choice navigator. Such services
1912 must be provided by a person who holds a valid Florida
1913 educator’s certificate pursuant to s. 1012.56, a person who
1914 holds an adjunct teaching certificate pursuant to s. 1012.57, a
1915 person who has a bachelor’s degree or a graduate degree in the
1916 subject area
or related subject area
in which instruction is
1917 given, a person who has demonstrated a mastery of subject area
1918 knowledge pursuant to s. 1012.56(5), or a person certified by a
1919 nationally or internationally recognized research-based training
1920 program as approved by the department. As used in this
1921 subparagraph, the term “part-time tutoring services” does not
1922 qualify as regular school attendance as defined in s.
1923 1003.01(16)(e).
1924
10.
9.
Fees for specialized summer education programs.
1925
11.
10.
Fees for specialized after-school education
1926 programs.
1927
12.
11.
Transition services provided by job coaches.
1928 Transition services are a coordinated set of activities which
1929 are focused on improving the academic and functional achievement
1930 of a student with a disability to facilitate the student’s
1931 movement from school to postschool activities and are based on
1932 the student’s needs.
1933
13.
12.
Fees for an annual evaluation of educational
1934 progress by a state-certified teacher under s. 1002.41(1)(f), if
1935 this option is chosen for a home education student.
1936
14
.
13.
Tuition and fees associated with programs offered by
1937 Voluntary Prekindergarten Education Program providers approved
1938 pursuant to s. 1002.55, school readiness providers approved
1939 pursuant to s. 1002.88, and prekindergarten programs offered by
1940 an eligible private school.
1941
15
.
14.
Fees for services provided at a center that is a
1942 member of the Professional Association of Therapeutic
1943 Horsemanship International.
1944
16.
15.
Fees for services provided by a therapist who is
1945 certified by the Certification Board for Music Therapists or
1946 credentialed by the Art Therapy Credentials Board, Inc.
1947
17.
Membership dues and related activity fees for

1948
participation in
c
areer and
t
echnical
s
tudent
o
rganizations.

1949 (5) TERM OF SCHOLARSHIP.—For purposes of continuity of
1950 educational choice:
1951 (a)1. A scholarship funded to an eligible student pursuant
1952 to paragraph (3)(a) shall remain in force until:
1953 a. The organization determines that the student is not
1954 eligible for program renewal;
1955 b. The Commissioner of Education suspends or revokes
1956 program participation or use of funds;
1957 c. The student’s parent has forfeited participation in the
1958 program for failure to comply with
the scholarship program

1959
requirements

subsection (10)
;
1960 d. The student, who uses the scholarship for tuition and
1961 fees pursuant to subparagraph (4)(a)1., enrolls in a public
1962 school. However, if a student enters a Department of Juvenile
1963 Justice detention center for a period of no more than 21 days,
1964 the student is not considered to have returned to a public
1965 school on a full-time basis for that purpose; or
1966 e. The student graduates from high school or attains 21
1967 years of age, whichever occurs first.
1968 2.
a.
The student’s scholarship account must be closed and
1969 any remaining funds shall revert to the state after:
1970
a.
(I)
Denial or revocation of program eligibility by the
1971 commissioner for fraud or abuse, including, but not limited to,
1972 the student or student’s parent accepting any payment, refund,
1973 or rebate, in any manner, from a provider of any services
1974 received pursuant to paragraph (4)(a);
1975
b.
(II)

One fiscal year

Two consecutive fiscal years
in
1976 which an account has been inactive;
or

1977
c.
(III)
A student remains unenrolled in an eligible private
1978 school for 30 days while receiving a scholarship that requires
1979 full-time enrollment
; or

1980
d.
A student
’s scholarship no longer remains in force due

1981
to any of the reasons provided in
subparagraph

1
.
1982
3. An organization must notify the parent prior to closing

1983
a student’s account regarding the reason the account will be

1984
closed and that the balance of funds will revert
upon closure
.

1985
4.
An organi
zation must annually report to the department

1986
the total number of scholarship accounts that were closed

1987
pursuant to subparagraph 2. and the amount of funds, by account,

1988
which

1989
b. Reimbursements for program expenditures may continue

1990
until the account balance is expended or remaining funds have

1991 reverted to the state.
1992 (b)1. A scholarship funded to an eligible student pursuant
1993 to paragraph (3)(b) shall remain in force until:
1994 a. The parent does not renew program eligibility;
1995 b. The organization determines that the student is not
1996 eligible for program renewal;
1997 c. The Commissioner of Education suspends or revokes
1998 program participation or use of funds;
1999 d. The student’s parent has forfeited participation in the
2000 program for failure to comply with
the scholarship requirements

2001
subsection (10)
;
2002 e. The student enrolls full time in a public school; or
2003 f. The student graduates from high school or attains 22
2004 years of age, whichever occurs first.
2005 2. Reimbursements for program expenditures may continue
2006 until the account balance is expended or the account is closed.
2007 3. A student’s scholarship account must be closed and any
2008 remaining funds, including, but not limited to, contributions
2009 made to the Stanley G. Tate Florida Prepaid College Program or
2010 earnings from or contributions made to the Florida College
2011 Savings Program using program funds pursuant to subparagraph
2012
(4)(b)7.

(4)(b)6.
, shall revert to the state after:
2013 a. Denial or revocation of program eligibility by the
2014 commissioner for fraud or abuse, including, but not limited to,
2015 the student or student’s parent accepting any payment, refund,
2016 or rebate, in any manner, from a provider of any services
2017 received pursuant to subsection (4);
or

2018 b. Any period of 3 consecutive years after high school
2019 completion or graduation during which the student has not been
2020 enrolled in an eligible postsecondary educational institution or
2021 a program offered by the institution
; or

2022
c. Two consecutive fiscal years in which an account has

2023
been inactive
.
2024
4. An organization must notify the parent prior to closing

2025
a student’s account regarding the reason the account will be

2026
closed and that the balance of funds will revert
upon closure
.

2027
5. Upon a student reaching the age of 16, the organization

2028
must notify the parent if there is a balance in the student’s

2029
account and provide the amount of the balance and information

2030
regarding how the funds may be used.

2031
6.
An organi
zation must annually report to the department

2032
the total number of scholarship accounts that were closed

2033
pursuant to subparagraph 3. and the amount of funds by account

2034
that reverted to the state.

2035 (c) Upon reasonable notice to the organization and the
2036 school district, the student’s parent may remove the student
2037 from the participating private school and place the student in a
2038 public school in accordance with this section.
Upon receipt of

2039
notification from the parent, the organization must notify the

2040
department of the student’s withdrawal from the scholarship

2041
program and may not provide payments into the student’s account.

2042
A violation of this paragraph by the organization results in

2043
liability on behalf of the organization pursuant to s.

2044
1002.421(4)(d).

2045 (d) Upon reasonable notice to the organization, the
2046 student’s parent may move the student from one participating
2047 private school to another participating private school.
2048 (6) SCHOLARSHIP PROHIBITIONS.—A student is not eligible for
2049 a Family Empowerment Scholarship while he or she is:
2050 (a) Enrolled full time in a public school, including, but
2051 not limited to, the Florida School for the Deaf and the Blind,
2052 the College-Preparatory Boarding Academy, the Florida Virtual
2053 School, the Florida Scholars Academy, a developmental research
2054 school authorized under s. 1002.32, or a charter school
2055 authorized under this chapter. For purposes of this paragraph, a
2056 3- or 4-year-old child who receives services funded through the
2057 Florida Education Finance Program is considered to be a student
2058 enrolled in a public school;
2059 (b) Enrolled in a school operating for the purpose of
2060 providing educational services to youth in a Department of
2061 Juvenile Justice commitment program;
2062 (c) Receiving any other educational scholarship pursuant to
2063 this chapter
. However, an eligible public school student

2064
receiving a
scholarship
under s. 1002.411 may receive a
stipend

2065
for transportation pursuant to
s. 1002.31(7)
;
2066 (d) Not having regular and direct contact with his or her
2067 private school teachers pursuant to
s. 1002.421(
9
)(i)

s.

2068
1002.421(1)(i)
, unless he or she is eligible pursuant to
2069 paragraph (3)(b)
and enrolled in the participating private

2070
school’s transition-to-work program pursuant to subsection (16)

2071
or a home education program pursuant to s. 1002.41
;
2072 (e) Participating in a private tutoring program pursuant to
2073 s. 1002.43 unless he or she is determined eligible pursuant to
2074 paragraph (3)(b); or
2075 (f) Participating in virtual instruction pursuant to s.
2076 1002.455 that receives state funding pursuant to the student’s
2077 participation.
2078 (7) SCHOOL DISTRICT OBLIGATIONS.—
2079 (a)
By January 1 of each year, a school district shall

2080
inform all households within the district receiving free or

2081
reduced-priced meals under the National School Lunch Act of

2082
their eligibility to apply to the department for a Family

2083
Empowerment Scholarship. The form of such notice shall be

2084
provided by the department, and the school district shall

2085
include the provided form in any normal correspondence with

2086
eligible households. Such notice is limited to once a year.

2087
(b)
1. The parent of a student with a disability who does
2088 not have an IEP in accordance with subparagraph (3)(b)4. or who
2089 seeks a reevaluation of an existing IEP may request an IEP
2090 meeting and evaluation from the school district in order to
2091 obtain or revise a matrix of services. The school district shall
2092 notify a parent who has made a request for an IEP that the
2093 district is required to complete the IEP and matrix of services
2094 within
60

30
days after receiving notice of the parent’s
2095 request. The school district shall conduct a meeting and develop
2096 an IEP and a matrix of services within
60

30
days after receipt
2097 of the parent’s request in accordance with State Board of
2098 Education rules. The district must accept the diagnosis and
2099 consider the service plan of the licensed professional providing
2100 the diagnosis pursuant to subparagraph (3)(b)4. The school
2101 district must complete a matrix that assigns the student to one
2102 of the levels of service as they existed before the 2000-2001
2103 school year. For a nonpublic school student without an IEP, the
2104 school district is authorized to use evaluation reports and
2105 plans of care developed by the licensed professionals under
2106 subparagraph (4)(b)3. to complete the matrix of services.
2107 2.a. The school district must provide the student’s parent
2108 and the department with the student’s matrix level within 10
2109 calendar days after its completion.
2110 b.
The department shall notify the parent and the

2111
organization of the amount of the funds awarded within 10 days

2112
after receiving the school district’s notification of the

2113
student’s matrix level.

2114
c.
A school district may change a matrix of services only
2115 if the change is a result of an IEP reevaluation or to correct a
2116 technical, typographical, or calculation error.
2117
(b)1.
(c)
1.
Within 10 days after an IEP meeting is held, a
2118 school district shall notify the parent of a student of all
2119 options available pursuant to this section and offer that
2120 student’s parent an opportunity to enroll the student in another
2121 public school in the school district.
2122 2. The parent is not required to accept the offer of
2123 enrolling the student in another public school in lieu of
2124 requesting a scholarship. However, if the parent chooses the
2125 public school option, the student may continue attending the
2126 public school chosen by the parent until the student graduates
2127 from high school.
2128 3. The parent may choose another public school in the
2129 school district, and the school district shall provide
2130 transportation to the public school selected by the parent.
2131 4. The parent may choose, as an alternative, to enroll the
2132 student in and transport the student to a public school in an
2133 adjacent school district that has available space and has a
2134 program with the services agreed to in the student’s IEP already
2135 in place, and that school district shall accept the student and
2136 report the student for purposes of the school district’s funding
2137 pursuant to the Florida Education Finance Program.
2138
(d) Upon the request of the department, a school district

2139
shall coordinate with the department to provide to a

2140
participating private school the statewide assessments

2141
administered under s. 1008.22 and any related materials for

2142
administering the assessments. For a student who participates in

2143
the Family Empowerment Scholarship Program whose parent requests

2144
that the student take the statewide assessments under s.

2145
1008.22, the district in which the student attends a

2146
participating private school shall provide locations and times

2147
to take all statewide assessments. A school district is

2148
responsible for implementing test administrations at a

2149
participating private school, including the:

2150
1. Provision of training for private school staff on test

2151
security and assessment administration procedures;

2152
2. Distribution of testing materials to a private school;

2153
3. Retrieval of testing materials from a private school;

2154
4. Provision of the required format for a private school to

2155
submit information to the district for test administration and

2156
enrollment purposes; and

2157
5. Provision of any required assistance, monitoring, or

2158
investigation at a private school.

2159
(e) Each school district must publish information about the

2160
Family Empowerment Scholarship Program on the district’s website

2161
homepage. At a minimum, the published information must include a

2162
website link to the Family Empowerment Scholarship Program

2163
published on the Department of Education website as well as a

2164
telephone number and e-mail that students and parents may use to

2165
contact relevant personnel in the school district to obtain

2166
information about the scholarship.

2167 (8) DEPARTMENT OF EDUCATION OBLIGATIONS.—
2168
(a)
The department shall:
2169
1. Publish and update, as necessary, information on the

2170
department website about the Family Empowerment Scholarship

2171
Program, including, but not limited to, student eligibility

2172
criteria, parental responsibilities, and relevant data.

2173
2. Report, as part of the determination of full-time

2174
equivalent membership pursuant to s. 1011.62(1)(a), all

2175
scholarship students funded through the Florida Education

2176
Finance Program, and cross-check the list of scholarship

2177
students submitted by the eligible nonprofit scholarship-funding

2178
organization with the full-time equivalent student membership

2179
survey data to avoid duplication.

2180
3. Maintain and annually publish a list of nationally norm

2181
referenced tests identified for purposes of satisfying the

2182
testing requirement in subparagraph (9)(c)1. The tests must meet

2183
industry standards of quality in accordance with state board

2184
rule.

2185
4. Notify eligible nonprofit scholarship-funding

2186
organizations of the deadlines for submitting the verified list

2187
of eligible scholarship students.

2188
(a)
5.
Deny or terminate program participation upon a
2189 parent’s failure to comply with
the scholarship program

2190
requirements

subsection (10)
.
2191
6. Notify the parent and the organization when a

2192
scholarship account is closed and program funds revert to the

2193
state.

2194
7. Notify an eligible nonprofit scholarship-funding

2195
organization of any of the organization’s or other

2196
organization’s identified students who are receiving

2197
scholarships under this chapter.

2198
(b)
8.
Maintain on its website a list of approved providers
2199 as required by s. 1002.66, eligible postsecondary educational
2200 institutions, eligible private schools, and eligible
2201 organizations and may identify or provide links to lists of
2202 other approved providers.
2203
9. Require each organization to verify eligible

2204
expenditures before the distribution of funds for any

2205
expenditures made pursuant to subparagraphs (4)(b)1. and 2.

2206
Review of expenditures made for services specified in

2207
subparagraphs (4)(b)3.-15. may be completed after the purchase

2208
is made.

2209
(c)
10.
Investigate any written complaint of a violation of
2210 this section by a parent, a student, a participating private
2211 school, a public school, a school district, an organization, a
2212 provider, or another appropriate party in accordance with the
2213 process established under s. 1002.421.
2214
(
d
)
11.
Require quarterly reports by an organization, which
2215 must include, at a minimum, the number of students participating
2216 in the program; the demographics of program participants; the
2217 disability category of program participants; the matrix level of
2218 services, if known; the program award amount per student; the
2219 total expenditures for the purposes specified in paragraph
2220 (4)(b); the types of providers of services to students; the
2221 number of scholarship applications received, the number of
2222 applications processed within 30 days after receipt, and the
2223 number of incomplete applications received; data related to
2224 reimbursement submissions, including the average number of days
2225 for a reimbursement to be reviewed and the average number of
2226 days for a reimbursement to be approved; any parent input and
2227 feedback collected regarding the program; and any other
2228 information deemed necessary by the department.
2229
12. Notify eligible nonprofit scholarship-funding

2230
organizations that scholarships may not be awarded in a school

2231
district in which the award will exceed 99 percent of the school

2232
district’s share of state funding through the Florida Education

2233
Finance Program as calculated by the department.

2234
13. Adjust payments to eligible nonprofit scholarship

2235
funding organizations and, when the Florida Education Finance

2236
Program is recalculated, adjust the amount of state funds

2237
allocated to school districts through the Florida Education

2238
Finance Program based upon the results of the cross-check

2239
completed pursuant to subparagraph 2.

2240
(b) At the direction of the Commissioner of Education, the

2241
department may:

2242
1. Suspend or revoke program participation or use of

2243
program funds by the student or participation or eligibility of

2244
an organization, eligible postsecondary educational institution,

2245
approved provider, or other party for a violation of this

2246
section.

2247
2. Determine the length of, and conditions for lifting, a

2248
suspension or revocation specified in this paragraph.

2249
3. Recover unexpended program funds or withhold payment of

2250
an equal amount of program funds to recover program funds that

2251
were not authorized for use.

2252
2253
In determining whether to suspend or revoke participation or

2254
lift a suspension or revocation in accordance with this

2255
paragraph, the department may consider factors that include, but

2256
are not limited to, acts or omissions that led to a previous

2257
suspension or revocation of participation in a state or federal

2258
program or an education scholarship program; failure to

2259
reimburse the organization for funds improperly received or

2260
retained; failure to reimburse government funds improperly

2261
received or retained; imposition of a prior criminal sanction

2262
related to the person or entity or its officers or employees;

2263
imposition of a civil fine or administrative fine, license

2264
revocation or suspension, or program eligibility suspension,

2265
termination, or revocation related to a person’s or entity’s

2266
management or operation; or other types of criminal proceedings

2267
in which the person or entity or its officers or employees were

2268
found guilty of, regardless of adjudication, or entered a plea

2269
of nolo contendere or guilty to, any offense involving fraud,

2270
deceit, dishonesty, or moral turpitude.

2271
(e)
(c
)

The
department shall
Notify each school district of
2272 the full-time equivalent student consensus estimate of students
2273 participating in the program developed pursuant to s.
2274 216.136(4)(a).
2275
(f)
(d)

T
he department may
Provide guidance to a
2276 participating private school that submits a transition-to-work
2277 program plan pursuant to subsection
(15)

(16)
.
2278
(
g
) Develop guidance for students eligible
pursuant to

2279
paragraph (3)(b)
which
detail
s the
available transition

2280
services, including postsecondary education, employment, and

2281
independent living, for which scholarship funds may be used.

2282
(9) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be

2283
eligible to participate in the Family Empowerment Scholarship

2284
Program, a private school may be sectarian or nonsectarian and

2285
must:

2286
(a) Comply with all requirements for private schools

2287
participating in state school choice scholarship programs

2288
pursuant to s. 1002.421.

2289
(b) Provide to the organization all documentation required

2290
for a student’s participation, including confirmation of the

2291
student’s admission to the private school, the private school’s

2292
and student’s fee schedules, and any other information required

2293
by the organization to process scholarship payment under

2294
subparagraph (12)(a)
3
. Such information must be provided by the

2295
deadlines established by the organization and in accordance with

2296
the requirements of this section. A student is not eligible to

2297
receive a quarterly scholarship payment if the private school

2298
fails to meet the deadline.

2299
(c)1. Annually administer or make provision for students

2300
participating in the program in grades 3 through 10 to take one

2301
of the nationally norm-referenced tests that are identified by

2302
the department pursuant to paragraph (8)(a) or to take the

2303
statewide assessments pursuant to s. 1008.22. Students with

2304
disabilities for whom the physician or psychologist who issued

2305
the diagnosis or the IEP team determines that standardized

2306
testing is not appropriate are exempt from this requirement. A

2307
participating private school shall report a student’s scores to

2308
his or her parent. By August 15 of each year, a participating

2309
private school must report the scores of all participating

2310
students to a state university as described in s.

2311
1002.395(9)(f).

2312
2. Administer the statewide assessments pursuant to s.

2313
1008.22 if the private school chooses to offer the statewide

2314
assessments. A participating private school may choose to offer

2315
and administer the statewide assessments to all students who

2316
attend the private school in grades 3 through 10 and must submit

2317
a request in writing to the department by March 1 of each year

2318
in order to administer the statewide assessments in the

2319
subsequent school year.

2320
(d) For a student determined eligible pursuant to paragraph

2321
(3)(b), discuss the school’s academic programs and policies,

2322
specialized services, code of conduct, and attendance policies

2323
before enrollment with the parent to determine which programs

2324
and services may meet the student’s individual needs.

2325
2326
If a private school fails to meet the requirements of this

2327
subsection or s. 1002.421, the commissioner may determine that

2328
the private school is ineligible to participate in the

2329
scholarship program.

2330
(9)
(10)
PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
2331 PARTICIPATION.—
2332 (a) A parent who applies for a scholarship under paragraph
2333 (3)(a) whose student will be enrolled full time in an eligible
2334 private school must:
2335 1. Select an eligible private school and apply for the
2336 admission of his or her student.
2337 2.
Request the scholarship by the date established by the

2338
organization in a manner that creates a written or electronic

2339
record of the request and the date of receipt of the request.

2340
3.a. Beginning with new applications for the 2025-2026

2341
school year and thereafter, notify the organization by December

2342
15 that the scholarship is being accepted or declined.

2343
b. Beginning with renewal applications for the 2025-2026

2344
school year and thereafter, notify the organization by May 31

2345
that the scholarship is being renewed or declined.

2346
4.
Inform the applicable school district when the parent
2347 withdraws his or her student from a public school to attend an
2348 eligible private school
using the standard withdrawal form

2349
developed by the department pursuant to s. 1002.421
.
2350
3.
5.
Require his or her student participating in the
2351 program to remain in attendance at the eligible private school
2352 throughout the school year unless excused by the school for
2353 illness or other good cause.
2354
4.
6.
Meet with the eligible private school’s principal or
2355 the principal’s designee to review the school’s academic
2356 programs and policies, specialized services, code of student
2357 conduct, and attendance policies before enrollment.
2358
7. Require his or her student participating in the program

2359
to take the norm-referenced assessment offered by the eligible

2360
private school. The parent may also choose to have the student

2361
participate in the statewide assessments pursuant to paragraph

2362
(7)(d). If the parent requests that the student participating in

2363
the program take all statewide assessments required pursuant to

2364
s. 1008.22, the parent is responsible for transporting the

2365
student to the assessment site designated by the school

2366
district.

2367
8. Approve each payment before the scholarship funds may be

2368
deposited by funds transfer pursuant to subparagraph (12)(a)3.

2369
The parent may not designate any entity or individual associated

2370
with the participating private school as the parent’s attorney

2371
in fact to approve a funds transfer. A participant who fails to

2372
comply with this paragraph forfeits the scholarship.

2373
9. Agree to have the organization commit scholarship funds

2374
on behalf of his or her student for tuition and fees for which

2375
the parent is responsible for payment at the eligible private

2376
school before using scholarship account funds for additional

2377
authorized uses under paragraph (4)(a). A parent is responsible

2378
for all eligible expenses in excess of the amount of the

2379
scholarship.

2380
10. Comply with the scholarship application and renewal

2381
processes and requirements established by the organization.

2382 (b) A parent who applies for a scholarship under paragraph
2383 (3)(b) is exercising his or her parental option to determine the
2384 appropriate placement or the services that best meet the needs
2385 of his or her child and must
:

2386
1. Apply to an eligible nonprofit scholarship-funding

2387
organization to participate in the program by a date set by the

2388
organization. The request must be communicated directly to the

2389
organization in a manner that creates a written or electronic

2390
record of the request and the date of receipt of the request.

2391
2.a. Beginning with new applications for the 2025-2026

2392
school year and thereafter, notify the organization by December

2393
15 that the scholarship is being accepted or declined.

2394
b. Beginning with renewal applications for the 2025-2026

2395
school year and thereafter, notify the organization by May 31

2396
that the scholarship is being renewed or declined.

2397
3.
sign an agreement with the organization and annually
2398 submit a sworn compliance statement to the organization to
2399 satisfy or maintain program eligibility, including eligibility
2400 to receive and spend program payments by:
2401
1.
a.
Affirming that the student is enrolled in a program
2402 that meets regular school attendance requirements as provided in
2403 s. 1003.01(16)(b), (c), or (d).
2404
2.
b.
Affirming that the program funds are used only for
2405 authorized purposes serving the student’s educational needs, as
2406 described in paragraph (4)(b); that any prepaid college plan or
2407 college savings plan funds contributed pursuant to
subparagraph

2408
(4)(b)7.

subparagraph (4)(b)6.
will not be transferred to
2409 another beneficiary while the plan contains funds contributed
2410 pursuant to this section; and that they will not receive a
2411 payment, refund, or rebate of any funds provided under this
2412 section.
2413
3.
c.
Affirming that the parent is responsible for all
2414 eligible expenses in excess of the amount of the scholarship and
2415 for the education of his or her student by, as applicable:
2416
a.
(I)
Requiring the student to take an assessment in
2417 accordance with
s. 1002.421(7)

paragraph (9)(c)
;
2418
b.
(II)
Providing an annual evaluation in accordance with s.
2419 1002.41(1)(f); or
2420
c.
(III)
Requiring the child to take any preassessments and
2421 postassessments selected by the provider if the child is 4 years
2422 of age and is enrolled in a program provided by an eligible
2423 Voluntary Prekindergarten Education Program provider. A student
2424 with disabilities for whom the physician or psychologist who
2425 issued the diagnosis or the IEP team determines that a
2426 preassessment and postassessment is not appropriate is exempt
2427 from this requirement. A participating provider shall report a
2428 student’s scores to the parent.
2429
4.
d.
Affirming that the student remains in good standing
2430 with the provider or school if those options are selected by the
2431 parent.
2432
5.
e.
Enrolling his or her child in a program from a
2433 Voluntary Prekindergarten Education Program provider authorized
2434 under s. 1002.55, a school readiness provider authorized under
2435 s. 1002.88, a prekindergarten program offered by an eligible
2436 private school, or an eligible private school if selected by the
2437 parent.
2438
6.
f.
Comply with the scholarship application and renewal
2439 processes and requirements established by the organization. A
2440 student whose participation in the program is not renewed may
2441 continue to spend scholarship funds that are in his or her
2442 account from prior years unless the account must be closed
2443 pursuant to subparagraph (5)(b)3. Notwithstanding any changes to
2444 the student’s IEP, a student who was previously eligible for
2445 participation in the program shall remain eligible to apply for
2446 renewal. However, for a high-risk child to continue to
2447 participate in the program in the school year after he or she
2448 reaches 6 years of age, the child’s application for renewal of
2449 program participation must contain documentation that the child
2450 has a disability
defined in paragraph (2)(e)
other than high
2451 risk status.
2452
7.
g.
Procuring the services necessary to educate the
2453 student.
2454
a.
If such services include enrollment in an eligible
2455 private school, the parent must meet with the private school’s
2456 principal or the principal’s designee to review the school’s
2457 academic programs and policies, specialized services, code of
2458 student conduct, and attendance policies before his or her
2459 student is enrolled.
The parent must also approve each payment

2460
to the eligible private school before the scholarship funds may

2461
be deposited by funds transfer pursuant to subparagraph

2462
(12)(a)
3
. The parent may not designate any entity or individual

2463
associated with the eligible private school as the parent’s

2464
attorney in fact to approve a funds transfer.
When the student
2465 receives a scholarship, the district school board is not
2466 obligated to provide the student with a free appropriate public
2467 education. For purposes of s. 1003.57 and the Individuals with
2468 Disabilities in Education Act, a participating student has only
2469 those rights that apply to all other unilaterally parentally
2470 placed students, except that, when requested by the parent,
2471 school district personnel must develop an IEP or matrix level of
2472 services.
2473
b
. If such services include enrollment in Florida Virtual

2474
School as a private paying student,
the parent must
agree to

2475
have the organization commit scholarship funds on behalf of his

2476
or her student for tuition and fees for which the parent is

2477
responsible for payment to the Florida Virtual School before

2478
using scholarship account funds for additional uses under

2479
paragraph (4)(b).

2480 (c)
A parent may not apply for multiple scholarships under

2481
this section and s. 1002.395 for an individual student at the

2482
same time.

2483
(d)
A participant who fails to comply with this subsection
2484 forfeits the scholarship.
2485
(10)
(11)
OBLIGATIONS OF ELIGIBLE SCHOLARSHIP-FUNDING
2486 ORGANIZATIONS.—
2487
(a)
An eligible nonprofit scholarship-funding organization
2488 awarding scholarships to eligible students pursuant to
this

2489
section

paragraph (3)(a)
shall:
2490
1. Establish a process for parents who are in compliance

2491
with paragraph (10)(a) to renew their students’ scholarships.

2492
Renewal applications for the 2025-2026 school year and

2493
thereafter must provide for a renewal timeline beginning

2494
February 1 of the prior school year and ending April 30 of the

2495
prior school year. A student’s renewal is contingent upon an

2496
eligible private school providing confirmation of student

2497
admission pursuant to subsection (9). The process must require

2498
that parents confirm that the scholarship is being renewed or

2499
declined by May 31.

2500
2. Establish a process that allows a parent to apply for a

2501
new scholarship. The process may begin no earlier than February

2502
1 of the prior school year and must authorize submission of

2503
applications until November 15. The process must be in a manner

2504
that creates a written or electronic record of the application

2505
request and the date of receipt of the application request.

2506
Applications received after the deadline may be considered for

2507
scholarship award in the subsequent fiscal year. The process

2508
must require that parents confirm that the scholarship is being

2509
accepted or declined by December 15.

2510
(a)
3.
Verify the household income level of students seeking
2511 priority eligibility and submit the verified list of students to
2512 the department.
2513
4. Award scholarships in priority order pursuant to

2514
paragraph (3)(a).

2515
5. Establish and maintain separate scholarship accounts for

2516
each eligible student. For each account, the organization must

2517
maintain a record of accrued interest that is retained in the

2518
student’s account and available only for authorized program

2519
expenditures.

2520
6. Permit eligible students to use program funds for the

2521
purposes specified in paragraph (4)(a), as authorized in the

2522
organization’s purchasing handbook, by paying for the authorized

2523
use directly, then submitting a reimbursement request to the

2524
eligible nonprofit scholarship-funding organization. However, an

2525
eligible nonprofit scholarship-funding organization may require

2526
the use of an online platform for direct purchases of products

2527
so long as such use does not limit a parent’s choice of

2528
curriculum or academic programs. If a parent purchases a product

2529
identical to one offered by an organization’s online platform

2530
for a lower price, the organization must reimburse the parent

2531
the cost of the product.

2532
7. In a timely manner, submit the verified list of students

2533
and any information requested by the department relating to the

2534
scholarship under this section.

2535
8. Notify the department about any violation of this

2536
section.

2537
9. Document each student’s eligibility for a fiscal year

2538
before granting a scholarship for that fiscal year. A student is

2539
ineligible for a scholarship if the student’s account has been

2540
inactive for 2 consecutive fiscal years.

2541
10. Notify each parent that participation in the

2542
scholarship program does not guarantee enrollment.

2543
11. Commit scholarship funds on behalf of the student for

2544
tuition and fees for which the parent is responsible for payment

2545
at the participating private school before using scholarship

2546
account funds for additional authorized uses under paragraph

2547
(4)(a).

2548 (b)
For students

An eligible nonprofit scholarship-funding

2549
organization awarding scholarships to
eligible
students
pursuant
2550 to paragraph (3)(b)
shall
:
2551 1.
Establish a process for parents who are in compliance

2552
with paragraph (10)(b) to renew their students’ scholarships.

2553
Renewal applications for the 2025-2026 school year and

2554
thereafter must provide for a renewal timeline beginning

2555
February 1 of the prior school year and ending April 30 of the

2556
prior school year. A student’s renewal is contingent upon an

2557
eligible private school providing confirmation of student

2558
admission pursuant to subsection (9), if applicable. The process

2559
must require that parents confirm that the scholarship is being

2560
renewed or declined by May 31.

2561
2. Establish a process that allows a parent to apply for a

2562
new scholarship. The process may begin no earlier than February

2563
1 of the prior school year and must authorize the submission of

2564
applications until November 15. The process must be in a manner

2565
that creates a written or electronic record of the application

2566
request and the date of receipt of the application request.

2567
Applications received after the deadline may be considered for

2568
scholarship award in the subsequent fiscal year. The process

2569
must require that parents confirm that the scholarship is being

2570
accepted or declined by December 15.

2571
3. Review applications and award scholarships using the

2572
following priorities:

2573
a. Renewing students from the previous school year.

2574
b. An eligible student who meets the criteria for an

2575
initial award pursuant to paragraph (3)(b) on a first-come,

2576
first-served basis.

2577
4. Establish and maintain separate accounts for each

2578
eligible student. For each account, the organization must

2579
maintain a record of accrued interest that is retained in the

2580
student’s account and available only for authorized program

2581
expenditures.

2582
5. Verify qualifying educational expenditures pursuant to

2583
the requirements of paragraph (4)(b).

2584
6. Return any remaining program funds to the department

2585
pursuant to paragraph (6)(b).

2586
7.
Notify the parent about the availability of, and the
2587 requirements associated with requesting, an initial IEP or IEP
2588 reevaluation every 3 years for each student participating in the
2589 program.
2590
2.
8.
Notify the parent of available state and local
2591 services, including, but not limited to, services under chapter
2592 413.
2593
9. In a timely manner, submit to the department the

2594
verified list of eligible scholarship students and any

2595
information requested by the department relating to the

2596
scholarship under this section.

2597
(c)
10.
Notify the department of any violation of this
2598 section.
2599
11. Document each scholarship student’s eligibility for a

2600
fiscal year before granting a scholarship for that fiscal year

2601
pursuant to paragraph (3)(b). A student is ineligible for a

2602
scholarship if the student’s account has been inactive for 2

2603
consecutive fiscal years.

2604
(d)
(c)

An eligible nonprofit scholarship-funding

2605
organization may, from eligible contributions received pursuant

2606
to s. 1002.395(6)(l)1.,
Use an amount
, from eligible

2607
contributions received pursuant to s. 1002.395(6)(l)1.,
not to
2608 exceed
1.5

2.5
percent of the total amount of all
verified

2609
eligible
scholarships funded under this section for
2610 administrative expenses associated with performing functions
2611 under this section. An organization that, for the prior fiscal
2612 year, has complied with the expenditure requirements of
s.

2613
1002.395(6)(i)3.

s. 1002.395(6)(l)3.
may use an amount not to
2614 exceed
2

3
percent. Such administrative expense amount is
2615 considered within the
2-percent

3-percent
limit on the total
2616 amount an organization may use to administer scholarships under
2617 this chapter.
2618
(d) An eligible nonprofit scholarship-funding organization

2619
shall establish a process to collect input and feedback from

2620
parents, private schools, and providers before implementing

2621
substantial modifications or enhancements to the reimbursement

2622
process.

2623
(11)
(12)
SCHOLARSHIP FUNDING
AND PAYMENT
.—
2624
(a)1. The calculated scholarship amount for a participating

2625
student determined eligible pursuant to paragraph (3)(a) shall

2626
be based upon the grade level and school district in which the

2627
student was assigned as 100 percent of the funds per unweighted

2628
full-time equivalent in the Florida Education Finance Program

2629
for a student in the basic program established pursuant to s.

2630
1011.62(1)(c)1., plus a per-full-time equivalent share of funds

2631
for the categorical programs established in s. 1011.62(5),

2632
(7)(a), and (16), as funded in the General Appropriations Act.

2633
2.a. For renewing scholarship students, the organization

2634
must verify the student’s continued eligibility to participate

2635
in the scholarship program at least 30 days before each payment.

2636
Upon receiving the verified list of eligible scholarship

2637
students, the department shall release, from state funds only,

2638
the amount calculated pursuant to subparagraph 1. to the

2639
organization for deposit into the student’s account in quarterly

2640
payments no later than August 1, November 1, February 1, and

2641
April 1 of each school year in which the scholarship is in

2642
force.

2643
b. For new scholarship students, the organization must

2644
verify the student’s eligibility to participate in the

2645
scholarship program at least 30 days before each payment. Upon

2646
receiving the verified list of eligible scholarship students,

2647
the department shall release, from state funds only, the amount

2648
calculated pursuant to subparagraph 1. to the organization for

2649
deposit into the student’s account in quarterly payments no

2650
later than September 1, November 1, February 1, and April 1 of

2651
each school year in which the scholarship is in force. For a

2652
student exiting a Department of Juvenile Justice commitment

2653
program who chooses to participate in the scholarship program,

2654
the amount calculated pursuant to subparagraph 1. must be

2655
transferred from the school district in which the student last

2656
attended a public school before commitment to the Department of

2657
Juvenile Justice.

2658
c. The department is authorized to release the state funds

2659
contingent upon verification that the organization will comply

2660
with s. 1002.395(6)(l) based upon the organization’s submitted

2661
verified list of eligible scholarship students pursuant to s.

2662
1002.395.

2663
3. The initial payment shall be made after the

2664
organization’s verification of admission acceptance, and

2665
subsequent payments shall be made upon verification of continued

2666
enrollment and attendance at the participating private school.

2667
Payments for tuition and fees for full-time enrollment shall be

2668
made within 7 business days after approval by the parent

2669
pursuant to paragraph (10)(a) and the private school pursuant to

2670
paragraph (9)(b). Payment must be by funds transfer or any other

2671
means of payment that the department deems to be commercially

2672
viable or cost-effective. An organization shall ensure that the

2673
parent has approved a funds transfer before any scholarship

2674
funds are deposited.

2675
4. An organization may not transfer any funds to an account

2676
of a student determined eligible pursuant to paragraph (3)(a)

2677
which has a balance in excess of $24,000.

2678
(b)1.
For the 2024-2025 school year, the maximum number of
2679 scholarships funded under paragraph (3)(b) shall be 72,615.
2680 Beginning in the 2025-2026 school year, the maximum number of
2681 scholarships funded under paragraph (3)(b) shall annually
2682 increase by 5 percent of the state’s total exceptional student
2683 education full-time equivalent student membership, not including
2684 gifted students. The maximum number of scholarships funded shall
2685 increase by 1 percent of the state’s total exceptional student
2686 education full-time equivalent student membership, not including
2687 gifted students, in the school year following any school year in
2688 which the number of scholarships funded exceeds 95 percent of
2689 the number of available scholarships for that school year. An
2690 eligible student who meets any of the following requirements
2691 shall be excluded from the maximum number of students if the
2692 student:
2693
(a)
a.
Received specialized instructional services under the
2694 Voluntary Prekindergarten Education Program pursuant to s.
2695 1002.66 during the previous school year and the student has a
2696 current IEP developed by the district school board in accordance
2697 with rules of the State Board of Education;
2698
(b)
b.
Is a dependent child of a law enforcement officer or
2699 a member of the United States Armed Forces, a foster child, or
2700 an adopted child; or
2701
(c)
c.
Spent the prior school year in attendance at a
2702 Florida public school or the Florida School for the Deaf and the
2703 Blind. For purposes of this
paragraph

subparagraph
, the term
2704 “prior school year in attendance” means that the student was
2705 enrolled and reported by:
2706
1.
(I)
A school district for funding during either the
2707 preceding October or February full-time equivalent student
2708 membership surveys in kindergarten through grade 12, which
2709 includes time spent in a Department of Juvenile Justice
2710 commitment program if funded under the Florida Education Finance
2711 Program;
2712
2.
(II)
The Florida School for the Deaf and the Blind during
2713 the preceding October or February full-time equivalent student
2714 membership surveys in kindergarten through grade 12;
2715
3.
(III)
A school district for funding during the preceding
2716 October or February full-time equivalent student membership
2717 surveys, was at least 4 years of age when enrolled and reported,
2718 and was eligible for services under s. 1003.21(1)(e); or
2719
4.
(IV)
Received a John M. McKay Scholarship for Students
2720 with Disabilities in the 2021-2022 school year.
2721
2. For a student who has a Level I to Level III matrix of

2722
services or a diagnosis by a physician or psychologist, the

2723
calculated scholarship amount for a student participating in the

2724
program must be based upon the grade level and school district

2725
in which the student would have been enrolled as the total funds

2726
per unweighted full-time equivalent in the Florida Education

2727
Finance Program for a student in the basic exceptional student

2728
education program pursuant to s. 1011.62(1)(c) and (d), plus a

2729
per full-time equivalent share of funds for the categorical

2730
programs established in s. 1011.62(5), (7)(a), (8), and (16), as

2731
funded in the General Appropriations Act. For the categorical

2732
program established in s. 1011.62(8), the funds must be

2733
allocated based on the school district’s average exceptional

2734
student education guaranteed allocation funds per exceptional

2735
student education full-time equivalent student.

2736
3. For a student with a Level IV or Level V matrix of

2737
services, the calculated scholarship amount must be based upon

2738
the school district to which the student would have been

2739
assigned as the total funds per full-time equivalent for the

2740
Level IV or Level V exceptional student education program

2741
pursuant to s. 1011.62(1)(c)2.a. or b., plus a per-full time

2742
equivalent share of funds for the categorical programs

2743
established in s. 1011.62(5), (7)(a), and (16), as funded in the

2744
General Appropriations Act.

2745
4. For a student who received a Gardiner Scholarship

2746
pursuant to former s. 1002.385 in the 2020-2021 school year, the

2747
amount shall be the greater of the amount calculated pursuant to

2748
subparagraph 2. or the amount the student received for the 2020

2749
2021 school year.

2750
5. For a student who received a John M. McKay Scholarship

2751
pursuant to former s. 1002.39 in the 2020-2021 school year, the

2752
amount shall be the greater of the amount calculated pursuant to

2753
subparagraph 2. or the amount the student received for the 2020

2754
2021 school year.

2755
6. The organization must verify the student’s eligibility

2756
to participate in the scholarship program at least 30 days

2757
before each payment.

2758
7.a. For renewing scholarship students, upon receiving the

2759
verified list of eligible scholarship students, the department

2760
shall release, from state funds only, the amount calculated

2761
pursuant to subparagraph 1. to the organization for deposit into

2762
the student’s account in quarterly payments no later than August

2763
1, November 1, February 1, and April 1 of each school year in

2764
which the scholarship is in force.

2765
b. For new scholarship students, upon receiving the

2766
verified list of eligible scholarship students, the department

2767
shall release, from state funds only, the amount calculated

2768
pursuant to subparagraph 1. to the organization for deposit into

2769
the student’s account in quarterly payments no later than

2770
September 1, November 1, February 1, and April 1 of each school

2771
year in which the scholarship is in force.

2772
8. If a scholarship student is attending an eligible

2773
private school full time, the initial payment shall be made

2774
after the organization’s verification of admission acceptance,

2775
and subsequent payments shall be made upon verification of

2776
continued enrollment and attendance at the eligible private

2777
school. Payments for tuition and fees for full-time enrollment

2778
shall be made within 7 business days after approval by the

2779
parent pursuant to paragraph (10)(b) and the private school

2780
pursuant to paragraph (9)(b).

2781
9. Accrued interest in the student’s account is in addition

2782
to, and not part of, the awarded funds. Program funds include

2783
both the awarded funds and accrued interest.

2784
10. The organization may develop a system for payment of

2785
benefits by funds transfer, including, but not limited to, debit

2786
cards, electronic payment cards, or any other means of payment

2787
which the department deems to be commercially viable or cost

2788
effective. A student’s scholarship award may not be reduced for

2789
debit card or electronic payment fees. Commodities or services

2790
related to the development of such a system must be procured by

2791
competitive solicitation unless they are purchased from a state

2792
term contract pursuant to s. 287.056.

2793
11. An organization may not transfer any funds to an

2794
account of a student determined to be eligible pursuant to

2795
paragraph (3)(b) which has a balance in excess of $50,000.

2796
12. Moneys received pursuant to this section do not

2797
constitute taxable income to the qualified student or the parent

2798
of the qualified student.

2799
(c) An organization may not submit a new scholarship

2800
student for funding after February 1.

2801
(d) Within 30 days after the release of state funds

2802
pursuant to paragraphs (a) and (b), the eligible scholarship

2803
funding organization shall certify to the department the amount

2804
of funds distributed for student scholarships. If the amount of

2805
funds released by the department is more than the amount

2806
distributed by the organization, the department is authorized to

2807
adjust the amount of the overpayment in the subsequent quarterly

2808
payment release.

2809 Section 6. Subsections (2), (3), (4), and (6) through (11)
2810 and paragraph (e) of subsection (15) of section 1002.395,
2811 Florida Statutes, are amended to read:
2812 1002.395 Florida Tax Credit Scholarship Program.—
2813 (2) DEFINITIONS.—As used in this section, the term:
2814 (a) “Annual tax credit amount” means, for any state fiscal
2815 year, the sum of the amount of tax credits approved under
2816 paragraph (5)(b), including tax credits to be taken under s.
2817 220.1875 or s. 624.51055, which are approved for a taxpayer
2818 whose taxable year begins on or after January 1 of the calendar
2819 year preceding the start of the applicable state fiscal year.
2820 (b)
“Choice navigator” means an individual who meets the

2821
requirements of sub-subparagraph (6)(d)4.g. and who provides

2822
consultations, at a mutually agreed upon location, on the

2823
selection of, application for, and enrollment in educational

2824
options addressing the academic needs of a student; curriculum

2825
selection; and advice on career and postsecondary education

2826
opportunities. However, nothing in this section authorizes a

2827
choice navigator to oversee or exercise control over the

2828
curricula or academic programs of a personalized education

2829
program.

2830
(c)
“Department” means the Department of Revenue.
2831
(c)
(d)
“Direct certification list” means the certified list
2832 of children who qualify for the food assistance program, the
2833 Temporary Assistance to Needy Families Program, or the Food
2834 Distribution Program on Indian Reservations provided to the
2835 Department of Education by the Department of Children and
2836 Families.
2837
(
d
)
(e)
“Division” means the Division of Alcoholic Beverages
2838 and Tobacco of the Department of Business and Professional
2839 Regulation.
2840
(
e
)
(f)
“Eligible contribution” means a monetary
2841 contribution from a taxpayer, subject to the restrictions
2842 provided in this section, to an eligible nonprofit scholarship
2843 funding organization pursuant to this section and ss. 212.099,
2844 212.1831, and 212.1832. The taxpayer making the contribution may
2845 not designate a specific child as the beneficiary of the
2846 contribution.
2847
(
f
)
(g)
“Eligible nonprofit scholarship-funding
2848 organization” means a state university; or an independent
2849 college or university that is eligible to participate in the
2850 William L. Boyd, IV, Effective Access to Student Education Grant
2851 Program, located and chartered in this state, is not for profit,
2852 and is accredited by the Commission on Colleges of the Southern
2853 Association of Colleges and Schools; or is a charitable
2854 organization that:
2855 1. Is exempt from federal income tax pursuant to s.
2856 501(c)(3) of the Internal Revenue Code;
2857 2. Is a Florida entity formed under chapter 605, chapter
2858 607, or chapter 617 and whose principal office is located in the
2859 state; and
2860 3. Complies with subsections (6) and
(13)

(15)
.
2861
(h) “Eligible postsecondary educational institution” means

2862
a Florida College System institution; a state university; a

2863
school district technical center; a school district adult

2864
general education center; an independent college or university

2865
eligible to participate in the William L. Boyd, IV, Effective

2866
Access to Student Education Grant Program under s. 1009.89; or

2867
an accredited independent postsecondary educational institution,

2868
as defined in s. 1005.02, which is licensed to operate in this

2869
state under part III of chapter 1005 or is approved to

2870
participate in a reciprocity agreement as defined in s.

2871
1000.35(2).

2872
(i) “Eligible private school” means a private school, as

2873
defined in s. 1002.01, located in Florida which offers an

2874
education to students in any grades K-12 and that meets the

2875
requirements in subsection (8).

2876
(j) “Household income” has the same meaning as the term

2877
“income” as defined in the Income Eligibility Guidelines for

2878
free and reduced price meals under the National School Lunch

2879
Program in 7 C.F.R. part 210 as published in the Federal

2880
Register by the United States Department of Agriculture.

2881
(k) “Owner or operator” includes:

2882
1. An owner, president, officer, or director of an eligible

2883
nonprofit scholarship-funding organization or a person with

2884
equivalent decisionmaking authority over an eligible nonprofit

2885
scholarship-funding organization.

2886
2. An owner, operator, superintendent, or principal of an

2887
eligible private school or a person with equivalent

2888
decisionmaking authority over an eligible private school.

2889
(l) “Personalized education program” has the same meaning

2890
as in s. 1002.01.

2891
(m) “Personalized education student” means a student whose

2892
parent applies to an eligible nonprofit scholarship-funding

2893
organization for participation in a personalized education

2894
program.

2895
(n) “Student learning plan” means a customized learning

2896
plan developed by a parent, at least annually, to guide

2897
instruction for his or her student and to identify the goods and

2898
services needed to address the academic needs of his or her

2899
student.

2900
(
g
)
(o)
“Tax credit cap amount” means the maximum annual tax
2901 credit amount that the department may approve for a state fiscal
2902 year.
2903
(
h
)
(p)
“Unweighted FTE funding amount” means the statewide
2904 average total funds per unweighted full-time equivalent funding
2905 amount that is incorporated by reference in the General
2906 Appropriations Act, or any subsequent special appropriations
2907 act, for the applicable state fiscal year.
2908 (3) PROGRAM; INITIAL SCHOLARSHIP ELIGIBILITY.—
2909
(a)
The Florida Tax Credit Scholarship Program is
2910 established.
2911
(b)1.
A student is eligible for a Florida tax credit
2912 scholarship under this section if the student:
2913
(a)
a.
Is a resident of this state or the dependent child of
2914 an active duty member of the United States Armed Forces who has
2915 received permanent change of station orders to this state or, at
2916 the time of renewal, whose home of record or state of legal
2917 residence is Florida; and
2918
(b)
b.
Is eligible to enroll in kindergarten through grade
2919 12 in a public school in this state or received a scholarship
2920 under the
former
Hope Scholarship Program in the 2023-2024
2921 school year.
2922
2. Priority must be given in the following order:

2923
a. A student whose household income level does not exceed

2924
185 percent of the federal poverty level or who is in foster

2925
care or out-of-home care.

2926
b. A student whose household income level exceeds 185

2927
percent of the federal poverty level, but does not exceed 400

2928
percent of the federal poverty level.

2929 (4) SCHOLARSHIP PROHIBITIONS.—A student is not eligible for
2930 a scholarship while he or she is:
2931 (a) Enrolled full time in a public school, including, but
2932 not limited to, the Florida School for the Deaf and the Blind,
2933 the College-Preparatory Boarding Academy, the Florida Virtual
2934 School, the Florida Scholars Academy, a developmental research
2935 school authorized under s. 1002.32, or a charter school
2936 authorized under this chapter. For purposes of this paragraph, a
2937 3- or 4-year-old child who receives services funded through the
2938 Florida Education Finance Program is considered a student
2939 enrolled full time in a public school;
2940 (b) Enrolled in a school operating for the purpose of
2941 providing educational services to youth in a Department of
2942 Juvenile Justice commitment program;
2943 (c) Receiving any other educational scholarship pursuant to
2944 this chapter
. However, an eligible public school student

2945
receiving a scholarship under s. 1002.411 may receive a
stipend

2946
for transportation pursuant to
s. 1002.31(7)
;
2947 (d) Not having regular and direct contact with his or her
2948 private school teachers pursuant to
s. 1002.421(
9
)(i)

s.

2949
1002.421(1)(i)
unless he or she is enrolled in a personalized
2950 education program;
2951 (e) Participating in a home education program as defined in
2952 s. 1002.01(1);
2953 (f) Participating in a private tutoring program pursuant to
2954 s. 1002.43 unless he or she is enrolled in a personalized
2955 education program; or
2956 (g) Participating in virtual instruction pursuant to s.
2957 1002.455 that receives state funding pursuant to the student’s
2958 participation.
2959 (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
2960 ORGANIZATIONS.—An eligible nonprofit scholarship-funding
2961 organization:
2962 (a) Must comply with the antidiscrimination provisions of
2963 42 U.S.C. s. 2000d.
2964
(b)

Must comply with the following background check

2965
requirements:

2966
1.

All owners and operators as defined in subparagraph

2967
(2)(k)1. are, before employment or engagement to provide

2968
services, subject to level 2 background screening as provided

2969
under chapter 435. The fingerprints for the background screening

2970
must be electronically submitted to the Department of Law

2971
Enforcement and can be taken by an authorized law enforcement

2972
agency or by an employee of the eligible nonprofit scholarship

2973
funding organization or a private company who is trained to take

2974
fingerprints. However, the complete set of fingerprints of an

2975
owner or operator may not be taken by the owner or operator. The

2976
results of the state and national criminal history check shall

2977
be provided to the Department of Education for screening under

2978
chapter 435. The cost of the background screening may be borne

2979
by the eligible nonprofit scholarship-funding organization or

2980
the owner or operator.

2981
2.

Every 5 years following employment or engagement to

2982
provide services or association with an eligible nonprofit

2983
scholarship-funding organization, each owner or operator must

2984
meet level 2 screening standards as described in s.

435.04, at

2985
which time the nonprofit scholarship-funding organization shall

2986
request the Department of Law Enforcement to forward the

2987
fingerprints to the Federal Bureau of Investigation for level 2

2988
screening. If the fingerprints of an owner or operator are not

2989
retained by the Department of Law Enforcement under subparagraph

2990
3., the owner or operator must electronically file a complete

2991
set of fingerprints with the Department of Law Enforcement. Upon

2992
submission of fingerprints for this purpose, the eligible

2993
nonprofit scholarship-funding organization shall request that

2994
the Department of Law Enforcement forward the fingerprints to

2995
the Federal Bureau of Investigation for level 2 screening, and

2996
the fingerprints shall be retained by the Department of Law

2997
Enforcement under subparagraph 3.

2998
3.

Fingerprints submitted to the Department of Law

2999
Enforcement as required by this paragraph must be retained by

3000
the Department of Law Enforcement in a manner approved by rule

3001
and entered in the statewide automated biometric identification

3002
system authorized by s.

943.05(2)(b). The fingerprints must

3003
thereafter be available for all purposes and uses authorized for

3004
arrest fingerprints entered in the statewide automated biometric

3005
identification system pursuant to s.

943.051.

3006
4.

The Department of Law Enforcement shall search all

3007
arrest fingerprints received under s.

943.051

against the

3008
fingerprints retained in the statewide automated biometric

3009
identification system under subparagraph 3. Any arrest record

3010
that is identified with an owner’s or operator’s fingerprints

3011
must be reported to the Department of Education. The Department

3012
of Education shall participate in this search process by paying

3013
an annual fee to the Department of Law Enforcement and by

3014
informing the Department of Law Enforcement of any change in the

3015
employment, engagement, or association status of the owners or

3016
operators whose fingerprints are retained under subparagraph 3.

3017
The Department of Law Enforcement shall adopt a rule setting the

3018
amount of the annual fee to be imposed upon the Department of

3019
Education for performing these services and establishing the

3020
procedures for the retention of owner and operator fingerprints

3021
and the dissemination of search results. The fee may be borne by

3022
the owner or operator of the nonprofit scholarship-funding

3023
organization.

3024
5.

A nonprofit scholarship-funding organization whose owner

3025
or operator fails the level 2 background screening is not

3026
eligible to provide scholarships under this section.

3027
6.

A nonprofit scholarship-funding organization whose owner

3028
or operator in the last 7 years has filed for personal

3029
bankruptcy or corporate bankruptcy in a corporation of which he

3030
or she owned more than 20 percent shall not be eligible to

3031
provide scholarships under this section.

3032
7.

In addition to the offenses listed in s.

435.04, a

3033
person required to undergo background screening pursuant to this

3034
part or authorizing statutes must not have an arrest awaiting

3035
final disposition for, must not have been found guilty of, or

3036
entered a plea of nolo contendere to, regardless of

3037
adjudication, and must not have been adjudicated delinquent, and

3038
the record must not have been sealed or expunged for, any of the

3039
following offenses or any similar offense of another

3040
jurisdiction:

3041
a.

Any authorizing statutes, if the offense was a felony.

3042
b.

This chapter, if the offense was a felony.

3043
c.

Section

409.920, relating to Medicaid provider fraud.

3044
d.

Section

409.9201, relating to Medicaid fraud.

3045
e.

Section

741.28, relating to domestic violence.

3046
f.

Section

817.034, relating to fraudulent acts through

3047
mail, wire, radio, electromagnetic, photoelectronic, or

3048
photooptical systems.

3049
g.

Section

817.234, relating to false and fraudulent

3050
insurance claims.

3051
h.

Section

817.505, relating to patient brokering.

3052
i.

Section

817.568, relating to criminal use of personal

3053
identification information.

3054
j.

Section

817.60, relating to obtaining a credit card

3055
through fraudulent means.

3056
k.

Section

817.61, relating to fraudulent use of credit

3057
cards, if the offense was a felony.

3058
l.

Section

831.01, relating to forgery.

3059
m.

Section

831.02, relating to uttering forged instruments.

3060
n.

Section

831.07, relating to forging bank bills, checks,

3061
drafts, or promissory notes.

3062
o.

Section

831.09, relating to uttering forged bank bills,

3063
checks, drafts, or promissory notes.

3064
p.

Section

831.30, relating to fraud in obtaining medicinal

3065
drugs.

3066
q.

Section

831.31, relating to the sale, manufacture,

3067
delivery, or possession with the intent to sell, manufacture, or

3068
deliver any counterfeit controlled substance, if the offense was

3069
a felony.

3070
(b)
(c)
Must not have an owner or operator
, as defined in

3071
sub
p
aragraph (2)(k)1.,
who owns or operates an eligible private
3072 school that is participating in the scholarship program.
3073
(c)
(d)1.
For the 2023-2024 school year, may fund no more
3074 than 20,000 scholarships for students who are enrolled pursuant
3075 to
subsection (7)

paragraph (7)(b)
. The number of scholarships
3076 funded for such students may increase by 40,000 in each
3077 subsequent school year. This
paragraph

subparagraph
is repealed
3078 July 1, 2027.
3079
2. Shall establish a process for parents who are in

3080
compliance with paragraph (7)(a) to renew their students’

3081
scholarships. Renewal applications for the 2025-2026 school year

3082
and thereafter must provide for a renewal timeline beginning

3083
February 1 of the prior school year and ending April 30 of the

3084
prior school year. A student’s renewal is contingent upon an

3085
eligible private school providing confirmation of admission

3086
pursuant to subsection (8). The process must require that

3087
parents confirm that the scholarship is being renewed or

3088
declined by May 31.

3089
3. Shall establish a process that allows a parent to apply

3090
for a new scholarship. The process must be in a manner that

3091
creates a written or electronic record of the application

3092
request and the date of receipt of the application request. The

3093
process must require that parents confirm that the scholarship

3094
is being accepted or declined by a date set by the organization.

3095
4. Must establish and maintain separate scholarship

3096
accounts from eligible contributions for each eligible student.

3097
For each account, the organization must maintain a record of

3098
accrued interest retained in the student’s account
. The

3099
organization

3100
(d)
Must verify that scholarship funds are used for:
3101
1.
a.
Tuition and fees for full-time or part-time enrollment
3102 in an eligible private school.
3103
2.
b.
Instructional materials, including digital materials
,

3104
digital devices,
and Internet resources.
3105
3.
c.
Curriculum
as defined in s. 1002.394(2)
.
3106
4.
d.
Tuition and fees associated with full-time or part
3107 time enrollment in a home education instructional program
that

3108
meets all of the following requirements:

3109
a.
Provides educational courses or activities.

3110
b.
Has a publicly available description of courses and

3111
activities.

3112
c.
Has a tuition and fee schedule.

3113
d.
Makes the tuition and fees payable to a registered

3114
business entity
.

3115
5
. Tuition and fees associated with full-time or part-time

3116
enrollment in
;
an eligible postsecondary educational institution
3117 or a program offered by the postsecondary educational
3118 institution, unless the program is subject to s. 1009.25 or
3119 reimbursed pursuant to s. 1009.30; an approved preapprenticeship
3120 program as defined in s. 446.021(5) which is not subject to s.
3121 1009.25 and complies with all applicable requirements of the
3122 Department of Education pursuant to chapter 1005; a private
3123 tutoring program authorized under s. 1002.43; a virtual program
3124 offered by a department-approved private online provider that
3125 meets the provider qualifications specified in s. 1002.45(2)(a);
3126 the Florida Virtual School as a private paying student; or an
3127 approved online course offered pursuant to s. 1003.499 or s.
3128 1004.0961.
3129
6.
e.
Fees for nationally standardized, norm-referenced
3130 achievement tests, Advanced Placement Examinations, industry
3131 certification examinations, assessments related to postsecondary
3132 education, or other assessments.
3133
7
.
f.
Contracted services provided by a public school or
3134 school district, including classes. A student who receives
3135 contracted services under this
subparagraph

sub-subparagraph
is
3136 not considered enrolled in a public school for eligibility
3137 purposes as specified in subsection
(9)

(11)
but rather
3138 attending a public school on a part-time basis as authorized
3139 under s. 1002.44.
3140
8
.
g.
Tuition and fees for part-time tutoring services or
3141 fees for services provided by a choice navigator. Such services
3142 must be provided by a person who holds a valid Florida
3143 educator’s certificate pursuant to s. 1012.56, a person who
3144 holds an adjunct teaching certificate pursuant to s. 1012.57, a
3145 person who has a bachelor’s degree or a graduate degree in the
3146 subject area
or related subject area
in which instruction is
3147 given, a person who has demonstrated a mastery of subject area
3148 knowledge pursuant to s. 1012.56(5), or a person certified by a
3149 nationally or internationally recognized research-based training
3150 program as approved by the Department of Education. As used in
3151 this paragraph, the term “part-time tutoring services” does not
3152 qualify as regular school attendance as defined in s.
3153 1003.01(16)(e).
3154
9. Membership dues and related activity fees for

3155
participation in
c
areer and
t
echnical
s
tudent
o
rganizations.

3156 (e) For students determined eligible pursuant to
subsection

3157
(7)

paragraph (7)(b)
, must:
3158
1. Establish a process for parents who are in compliance

3159
with subparagraph (7)(b)1. to apply for a new scholarship. New

3160
scholarship applications for the 2025-2026 school year and

3161
thereafter must provide for an application timeline beginning

3162
February 1 of the prior school year and ending April 30 of the

3163
prior school year. The process must require that parents confirm

3164
that the scholarship is being accepted or declined by May 31.

3165
2. Establish a process for parents who are in compliance

3166
with paragraph (7)(b) to renew their students’ scholarships.

3167
Renewal scholarship applications for the 2025-2026 school year

3168
and thereafter must provide for a renewal timeline beginning

3169
February 1 of the prior school year and ending April 30 of the

3170
prior school year. The process must require that parents confirm

3171
that the scholarship is being renewed or declined by May 31.

3172
1.
3.
Maintain a signed agreement from the parent which
3173 constitutes compliance with the attendance requirements under
3174 ss. 1003.01(16) and 1003.21(1).
3175
2
.
4.
Receive eligible student test scores and, beginning
3176 with the 2027-2028 school year, by August 15, annually report
3177 test scores for students pursuant to
subsection (7)

paragraph

3178
(7)(b)
to a state university pursuant to paragraph
(8)(d)

3179
(9)(f)
.
3180
3
.
5.
Provide parents with information, guidance, and
3181 support to create and annually update a student learning plan
3182 for their student. The organization must maintain the plan and
3183 allow parents to electronically submit, access, and revise the
3184 plan continuously.
3185
4
.
6.
Upon submission by the parent of an annual student
3186 learning plan, fund a scholarship for a student determined
3187 eligible.
3188 (f) Must
give first priority to eligible renewal students

3189
who received a scholarship from an eligible nonprofit

3190
scholarship-funding organization during the previous school

3191
year.
The eligible nonprofit scholarship-funding organization

3192
must
fully apply and exhaust all funds available under this
3193 section for renewal scholarship awards before awarding any
3194 initial scholarships.
3195
(g) Must provide a new scholarship to an eligible student

3196
on a first-come, first-served basis unless the student is

3197
seeking priority eligibility pursuant to subsection (3).

3198
(g)
(h)
Must refer any student eligible for a scholarship
3199 pursuant to this section who did not receive a renewal or
3200 initial scholarship based solely on the lack of available funds
3201 under this section to another eligible nonprofit scholarship
3202 funding organization that may have funds available.
3203
(i) May not restrict or reserve scholarships for use at a

3204
particular eligible private school or provide scholarships to a

3205
child of an owner or operator as defined in subparagraph

3206
(2)(k)1.

3207
(j) Must allow a student in foster care or out-of-home care

3208
or a dependent child of a parent who is a member of the United

3209
States Armed Forces to apply for a scholarship at any time.

3210
(h)
(k)
Must allow an eligible student to attend any
3211 eligible private school and must allow a parent to transfer a
3212 scholarship during a school year to any other eligible private
3213 school of the parent’s choice.
3214
(i)
1.
(l)
1.
May use eligible contributions received pursuant
3215 to this section and ss. 212.099, 212.1831, and 212.1832 during
3216 the state fiscal year in which such contributions are collected
3217 for administrative expenses if the organization has operated as
3218 an eligible nonprofit scholarship-funding organization for at
3219 least the preceding 3 fiscal years and did not have any findings
3220 of material weakness or material noncompliance in its most
3221 recent audit under paragraph
(k)

(o)
or is in good standing in
3222 each state in which it administers a scholarship program and the
3223 audited financial statements for the preceding 3 fiscal years
3224 are free of material misstatements and going concern issues.
3225 Administrative expenses from eligible contributions may not
3226 exceed
2

3
percent of the total amount of all scholarships and
3227 stipends funded by an eligible scholarship-funding organization
3228 under this chapter. Such administrative expenses must be
3229 reasonable and necessary for the organization’s management and
3230 distribution of scholarships funded under this chapter.
3231 Administrative expenses may include developing or contracting
3232 with rideshare programs or facilitating carpool strategies for
3233 recipients of a transportation stipend under s. 1002.31(7). No
3234 funds authorized under this subparagraph shall be used for
3235 lobbying or political activity or expenses related to lobbying
3236 or political activity. Up to one-third of the funds authorized
3237 for administrative expenses under this subparagraph may be used
3238 for expenses related to the recruitment of contributions from
3239 taxpayers.
An eligible nonprofit scholarship-funding

3240
organization may not charge an application fee.

3241 2. Must expend for annual or partial-year scholarships 100
3242 percent of any eligible contributions from the prior fiscal
3243 year.
3244 3. Must expend for annual or partial-year scholarships an
3245 amount equal to or greater than 75 percent of all net eligible
3246 contributions
, as defined in subsection (2)
,
remaining after
3247 administrative expenses during the state fiscal year in which
3248 such eligible contributions are collected. No more than 25
3249 percent of such net eligible contributions may be carried
3250 forward to the following state fiscal year. All amounts carried
3251 forward, for audit purposes, must be specifically identified for
3252 particular students, by student name and the name of the school
3253 to which the student is admitted, subject to the requirements of
3254 ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g, and the
3255 applicable rules and regulations issued pursuant thereto. Any
3256 amounts carried forward shall be expended for annual or partial
3257 year scholarships in the following state fiscal year. Eligible
3258 contributions remaining on June 30 of each year that are in
3259 excess of the 25 percent that may be carried forward shall be
3260 used to provide scholarships to eligible students or transferred
3261 to other eligible nonprofit scholarship-funding organizations to
3262 provide scholarships for eligible students. All transferred
3263 funds must be deposited by each eligible nonprofit scholarship
3264 funding organization receiving such funds into its scholarship
3265 account. All transferred amounts received by any eligible
3266 nonprofit scholarship-funding organization must be separately
3267 disclosed in the annual financial audit required under paragraph
3268
(k)

(o)
.
3269
4. Must, before granting a scholarship for an academic

3270
year, document each scholarship student’s eligibility for that

3271
academic year. A scholarship-funding organization may not grant

3272
multiyear scholarships in one approval process.

3273
(m) Must maintain separate accounts for scholarship funds

3274
and operating funds.

3275
(j)
(n)
With the prior approval of the Department of
3276 Education, may transfer funds to another eligible nonprofit
3277 scholarship-funding organization if additional funds are
3278 required to meet scholarship demand at the receiving nonprofit
3279 scholarship-funding organization. A transfer is limited to the
3280 greater of $500,000 or 20 percent of the total contributions
3281 received by the nonprofit scholarship-funding organization
3282 making the transfer. All transferred funds must be deposited by
3283 the receiving nonprofit scholarship-funding organization into
3284 its scholarship accounts. All transferred amounts received by
3285 any nonprofit scholarship-funding organization must be
3286 separately disclosed in the annual financial and compliance
3287 audit required in this section.
3288
(k)
(o)
Must provide to the Auditor General and the
3289 Department of Education
access to its accounts and records and
a
3290 report on the results of an annual financial audit of its
3291 accounts and records conducted by an independent certified
3292 public accountant in accordance with auditing standards
3293 generally accepted in the United States, government auditing
3294 standards, and rules promulgated by the Auditor General. The
3295 audit report must include a report on financial statements
3296 presented in accordance with generally accepted accounting
3297 principles. Audit reports must be provided to the Auditor
3298 General and the Department of Education within 180 days after
3299 completion of the eligible nonprofit scholarship-funding
3300 organization’s fiscal year. The Auditor General shall review all
3301 audit reports submitted pursuant to this paragraph. The Auditor
3302 General shall request any significant items that were omitted in
3303 violation of a rule adopted by the Auditor General. The items
3304 must be provided within 45 days after the date of the request.
3305 If the scholarship-funding organization does not comply with the
3306 Auditor General’s request, the Auditor General shall notify the
3307 Legislative Auditing Committee.
3308
(p) Must prepare and submit quarterly reports to the

3309
Department of Education pursuant to paragraph (9)(i). In

3310
addition, an eligible nonprofit scholarship-funding organization

3311
must submit in a timely manner the verified list of eligible

3312
scholarship students and any information requested by the

3313
Department of Education relating to the scholarship program.

3314
(l)1.a.
(q)
1.a.
Must participate in the joint development of
3315 agreed-upon procedures during the 2009-2010 state fiscal year.
3316 The agreed-upon procedures must uniformly apply to all private
3317 schools and must determine, at a minimum, whether the private
3318 school has been verified as eligible by the Department of
3319 Education under s. 1002.421; has an adequate accounting system,
3320 system of financial controls, and process for deposit and
3321 classification of scholarship funds; and has properly expended
3322 scholarship funds for education-related expenses. During the
3323 development of the procedures, the participating scholarship
3324 funding organizations shall specify guidelines governing the
3325 materiality of exceptions that may be found during the
3326 accountant’s performance of the procedures. The procedures and
3327 guidelines shall be provided to private schools and the
3328 Commissioner of Education by March 15, 2011.
3329 b. Must participate in a joint review of the agreed-upon
3330 procedures and guidelines developed under sub-subparagraph a.,
3331 by February of each biennium, if the scholarship-funding
3332 organization provided more than $250,000 in scholarship funds
3333 under this chapter during the state fiscal year preceding the
3334 biennial review. If the procedures and guidelines are revised,
3335 the revisions must be provided to private schools and the
3336 Commissioner of Education by March 15 of the year in which the
3337 revisions were completed. The revised agreed-upon procedures and
3338 guidelines shall take effect the subsequent school year.
3339 c. Must monitor the compliance of a participating private
3340 school with
s. 1002.421(9)(p)

s. 1002.421(1)(q)
if the
3341 scholarship-funding organization provided the majority of the
3342 scholarship funding to the school. For each participating
3343 private school subject to
s. 1002.421(9)(p)

s. 1002.421(1)(q)
,
3344 the appropriate scholarship-funding organization shall annually
3345 notify the Commissioner of Education by October 30 of:
3346 (I) A private school’s failure to submit a report required
3347 under
s. 1002.421(9)(p)

s. 1002.421(1)(q)
; or
3348 (II) Any material exceptions set forth in the report
3349 required under
s. 1002.421(9)(p)

s. 1002.421(1)(q)
.
3350 2. Must seek input from the accrediting associations that
3351 are members of the Florida Association of Academic Nonpublic
3352 Schools and the Department of Education when jointly developing
3353 the agreed-upon procedures and guidelines under sub-subparagraph
3354 1.a. and conducting a review of those procedures and guidelines
3355 under sub-subparagraph 1.b.
3356
(m)
(r)
Must maintain the surety bond or letter of credit
3357 required by subsection
(
13)

(15)
. The amount of the surety bond
3358 or letter of credit may be adjusted quarterly to equal the
3359 actual amount of undisbursed funds based upon submission by the
3360 organization of a statement from a certified public accountant
3361 verifying the amount of undisbursed funds. The requirements of
3362 this paragraph are waived if the cost of acquiring a surety bond
3363 or letter of credit exceeds the average 10-year cost of
3364 acquiring a surety bond or letter of credit by 200 percent. The
3365 requirements of this paragraph are waived for a state
3366 university; or an independent college or university which is
3367 eligible to participate in the William L. Boyd, IV, Effective
3368 Access to Student Education Grant Program, located and chartered
3369 in this state, is not for profit, and is accredited by the
3370 Commission on Colleges of the Southern Association of Colleges
3371 and Schools.
3372
(n)
(s)
Must provide to the Auditor General any information
3373 or documentation requested in connection with an operational
3374 audit of a scholarship-funding organization conducted pursuant
3375 to s. 11.45.
3376
(o)1.
(t)
1.
Must develop a purchasing handbook that includes
3377 policies for authorized uses of scholarship funds under
3378 paragraph (d) and s. 1002.394(4)(a). The handbook must include,
3379 at a minimum, a routinely updated list of prohibited items and
3380 services, and items or services that require preauthorization or
3381 additional documentation.
Annually,

by August 1, 2024, and
by
3382
each
July 1
thereafter
, the purchasing handbook must be provided
3383 to the Commissioner of Education and published on the eligible
3384 nonprofit scholarship-funding organization’s website. Any
3385 revisions must be provided to the commissioner and published on
3386 the organization’s website within 30 days after such revisions.
3387 2. The organization shall assist the Florida Center for
3388 Students with Unique Abilities established under s. 1004.6495
3389 with the development of purchasing guidelines, which must
3390 include a routinely updated list of prohibited items and
3391 services, and items or services for which preauthorization or
3392 additional documentation is required, for authorized uses of
3393 scholarship funds under s. 1002.394(4)(b) and publish the
3394 guidelines on the organization’s website.
Any approval or denial

3395
of items and services must be consistent with the purchasing

3396
guidelines developed by the center.

3397 3. If the organization fails to submit the purchasing
3398 handbook required by subparagraph 1., the Department of
3399 Education may assess a financial penalty, not to exceed $10,000,
3400 as prescribed by State Board of Education rule. This
3401 subparagraph expires July 1, 2026.
3402
(p)
(u)
May permit eligible students to use program funds
3403 for the purposes specified in paragraph (d), as authorized in
3404 the organization’s purchasing handbook, by paying for the
3405 authorized use directly, then submitting a reimbursement request
3406 to the eligible nonprofit scholarship-funding organization.
3407 However, an eligible nonprofit scholarship-funding organization
3408 may require the use of an online platform for direct purchases
3409 of products so long as such use does not limit a parent’s choice
3410 of curriculum or academic programs. If a parent purchases a
3411 product identical to one offered by an organization’s online
3412 platform for a lower price, the organization shall reimburse the
3413 parent the cost of the product.
3414
(v) Must notify each parent that participation in the

3415
scholarship program does not guarantee enrollment.

3416
(w) Shall commit scholarship funds on behalf of the student

3417
for tuition and fees for which the parent is responsible for

3418
payment at the participating private school before using

3419
scholarship account funds for additional authorized uses under

3420
paragraph (d).

3421
(q)
(x
)

Beginning September 30, 2023,
Must submit to the
3422 department quarterly reports that provide the estimated and
3423 actual amounts of the net eligible contributions
, as defined in

3424
subsection (2)
,
and all funds carried forward from the prior
3425 state fiscal year.
3426
(r)
(y)
Must establish a process to collect input and
3427 feedback from parents, private schools, and providers before
3428 implementing substantial modifications or enhancements to the
3429 reimbursement process.
3430
3431 Information and documentation provided to the Department of
3432 Education and the Auditor General relating to the identity of a
3433 taxpayer that provides an eligible contribution under this
3434 section shall remain confidential at all times in accordance
3435 with s. 213.053.
3436 (7) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
3437 PARTICIPATION.—
3438
(a) A parent who applies for a scholarship whose student

3439
will be enrolled full time in an eligible private school must:

3440
1. Select an eligible private school and apply for the

3441
admission of his or her child.

3442
2. Request the scholarship by the date established by the

3443
organization in a manner that creates a written or electronic

3444
record of the request and the date of receipt of the request.

3445
3.a. Beginning with new applications for the 2025-2026

3446
school year and thereafter, notify the organization by a date

3447
set by the organization that the scholarship is being accepted

3448
or declined.

3449
b. Beginning with renewal applications for the 2025-2026

3450
school year and thereafter, notify the organization by May 31

3451
that the scholarship is being renewed or declined.

3452
4. Inform the applicable school district when the parent

3453
withdraws his or her student from a public school to attend an

3454
eligible private school.

3455
5. Require his or her student participating in the program

3456
to remain in attendance at the eligible private school

3457
throughout the school year unless excused by the school for

3458
illness or other good cause and comply with the private school’s

3459
published policies.

3460
6. Meet with the eligible private school’s principal or the

3461
principal’s designee to review the school’s academic programs

3462
and policies, specialized services, code of student conduct, and

3463
attendance policies before enrollment.

3464
7. Require his or her student participating in the program

3465
to take the norm-referenced assessment offered by the

3466
participating private school. The parent may also choose to have

3467
the student participate in the statewide assessments pursuant to

3468
s. 1008.22. If the parent requests that the student

3469
participating in the program take statewide assessments pursuant

3470
to s. 1008.22 and the participating private school has not

3471
chosen to offer and administer the statewide assessments, the

3472
parent is responsible for transporting the student to the

3473
assessment site designated by the school district.

3474
8. Approve each payment before the scholarship funds may be

3475
deposited by funds transfer. The parent may not designate any

3476
entity or individual associated with the participating private

3477
school as the parent’s attorney in fact to approve a funds

3478
transfer. A participant who fails to comply with this paragraph

3479
forfeits the scholarship.

3480
9. Authorize the nonprofit scholarship-funding organization

3481
to access information needed for income eligibility

3482
determination and verification held by other state or federal

3483
agencies, including the Department of Revenue, the Department of

3484
Children and Families, the Department of Education, the

3485
Department of Commerce, and the Agency for Health Care

3486
Administration, for students seeking priority eligibility.

3487
10. Agree to have the organization commit scholarship funds

3488
on behalf of his or her student for tuition and fees for which

3489
the parent is responsible for payment at the participating

3490
private school before using scholarship account funds for

3491
additional authorized uses under paragraph (6)(d). A parent is

3492
responsible for all eligible expenses in excess of the amount of

3493
the scholarship.

3494
11. Comply with the scholarship application and renewal

3495
processes and requirements established by the organization.

3496
(b)
A parent whose student
is
participating in the

3497
personalized education program and
will not be enrolled full
3498 time in a public or private school must
:

3499
1. Apply to an eligible nonprofit scholarship-funding

3500
organization to participate in the program as a personalized

3501
education student by a date set by the organization. The request

3502
must be communicated directly to the organization in a manner

3503
that creates a written or electronic record of the request and

3504
the date of receipt of the request. Beginning with new and

3505
renewal applications for the 2025-2026 school year and

3506
thereafter,

a parent must notify the organization by May 31 that

3507
the scholarship is being accepted, renewed, or declined.

3508
2.
sign an agreement with the organization and annually
3509 submit a sworn compliance statement to the organization to
3510 satisfy or maintain program eligibility, including eligibility
3511 to receive and spend program payments, by:
3512
(a)
a.
Affirming that the program funds are used only for
3513 authorized purposes serving the student’s educational needs, as
3514 described in paragraph (6)(d), and that they will not receive a
3515 payment, refund, or rebate of any funds provided under this
3516 section.
3517
(
b
)

If the student is enrolled in Florida Virtual School as

3518
a private paying student, agreeing to have the organization

3519
commit scholarship funds on behalf of his or her student for

3520
tuition and fees for which the parent is responsible for payment

3521
to the Florida Virtual School before using scholarship account

3522
funds for additional uses under paragraph (6)(d).

3523
(c)
b.
Affirming that the parent is responsible for all
3524 eligible expenses in excess of the amount of the scholarship and
3525 for the education of his or her student.
3526
(
d
)
c.
Submitting a student learning plan to the
3527 organization and revising the plan at least annually before
3528 program renewal.
3529
(
e
)
d.
Requiring his or her student to take a nationally
3530 norm-referenced test identified by the Department of Education,
3531 or a statewide assessment under s. 1008.22, and provide
3532 assessment results to the organization before the student’s
3533 program renewal.
3534
e. Com
plying with the scholarship application and renewal

3535
processes and requirements established by the organization
. A

3536
student whose participation in the program is not renewed may

3537
continue to spend scholarship funds that are in his or her

3538
account from prior years unless the account must be closed

3539
pursuant to s. 1002.394(5)(a)2.

3540
(
f
)
f.
Procuring the services necessary to educate the
3541 student. When the student receives a scholarship, the district
3542 school board is not obligated to provide the student with a free
3543 appropriate public education.
3544
3545 For purposes of this
subsection

paragraph
, full-time enrollment
3546 does not include enrollment at a private school that addresses
3547 regular and direct contact with teachers through the student
3548 learning plan in accordance with
s. 1002.421(
9
)(i)

s.

3549
1002.421(1)(i)
.
3550
(c) A parent may not apply for multiple scholarships under

3551
this section and s. 1002.394 for an individual student at the

3552
same time.

3553
3554
An eligible nonprofit scholarship-funding organization may not

3555
further regulate, exercise control over, or require

3556
documentation beyond the requirements of this subsection unless

3557
the regulation, control, or documentation is necessary for

3558
participation in the program.

3559 (8)
PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible

3560
private school may be sectarian or nonsectarian and must:

3561
(a) Comply with all requirements for private schools

3562
participating in state school choice scholarship programs

3563
pursuant to s. 1002.421.

3564
(b) Provide to the organization all documentation required

3565
for a student’s participation, including confirmation of the

3566
student’s admission to the private school, the private school’s

3567
and student’s fee schedules, and any other information required

3568
by the organization to process scholarship payment pursuant to

3569
paragraph (11)(c). Such information must be provided by the

3570
deadlines established by the organization and in accordance with

3571
the requirements of this section. A student is not eligible to

3572
receive a quarterly scholarship payment if the private school

3573
fails to meet the deadline.

3574
(c)1. Annually administer or make provision for students

3575
participating in the scholarship program in grades 3 through 10

3576
to take one of the nationally norm-referenced tests identified

3577
by the department or the statewide assessments pursuant to s.

3578
1008.22. Students with disabilities for whom standardized

3579
testing is not appropriate are exempt from this requirement. A

3580
participating private school must report a student’s scores to

3581
the parent. A participating private school must annually report

3582
by August 15 the scores of all participating students to a state

3583
university described in paragraph (9)(f).

3584
2. Administer the statewide assessments pursuant to s.

3585
1008.22 if a participating private school chooses to offer the

3586
statewide assessments. A participating private school may choose

3587
to offer and administer the statewide assessments to all

3588
students who attend the participating private school in grades 3

3589
through 10 and must submit a request in writing to the

3590
Department of Education by March 1 of each year in order to

3591
administer the statewide assessments in the subsequent school

3592
year.

3593
3594
If a participating private school fails to meet the requirements

3595
of this subsection or s. 1002.421, the commissioner may

3596
determine that the participating private school is ineligible to

3597
participate in the scholarship program.

3598
(9)
DEPARTMENT OF EDUCATION OBLIGATIONS.—The Department of
3599 Education shall:
3600 (a) Annually submit to the department and division, by
3601 March 15, a list of eligible nonprofit scholarship-funding
3602 organizations that meet the requirements of paragraph
(2)(f)

3603
(2)(g)
.
3604 (b) Annually verify the eligibility of nonprofit
3605 scholarship-funding organizations that meet the requirements of
3606 paragraph
(2)(f)

(2)(g)
.
3607 (c) Annually verify the eligibility of expenditures as
3608 provided in paragraph (6)(d)
or paragraph (6)(i)
using the audit
3609 required by paragraph
(6)(k)

(6)(o)
.
3610 (d)
Notify eligible nonprofit scholarship-funding

3611
organizations of the deadlines for submitting the verified list

3612
of eligible scholarship students; cross-check the verified list

3613
with the public school enrollment lists to avoid duplication;

3614
and, when the Florida Education Finance Program is recalculated,

3615
adjust the amount of state funds allocated to school districts

3616
through the Florida Education Finance Program based upon the

3617
results of the cross-check.

3618
(e) Maintain and annually publish a list of nationally

3619
norm-referenced tests identified for purposes of satisfying the

3620
testing requirement in subparagraph (8)(c)1. The tests must meet

3621
industry standards of quality in accordance with State Board of

3622
Education rule.

3623
(f)
Issue a project grant award to a state university, to
3624 which participating private schools and eligible nonprofit
3625 scholarship-funding organizations must report the scores of
3626 participating students on the nationally norm-referenced tests
3627 or the statewide assessments administered in grades 3 through
3628 10. The project term is 2 years, and the amount of the project
3629 is up to $250,000 per year. The project grant award must be
3630 reissued in 2-year intervals in accordance with this paragraph.
3631 1. The state university must annually report to the
3632 Department of Education on the student performance of
3633 participating students and, beginning with the 2027-2028 school
3634 year, on the performance of personalized education students:
3635 a. On a statewide basis. The report shall also include, to
3636 the extent possible, a comparison of scholarship students’
3637 performance to the statewide student performance of public
3638 school students with socioeconomic backgrounds similar to those
3639 of students participating in the scholarship program. To
3640 minimize costs and reduce time required for the state
3641 university’s analysis and evaluation, the Department of
3642 Education shall coordinate with the state university to provide
3643 data to the state university in order to conduct analyses of
3644 matched students from public school assessment data and
3645 calculate control group student performance using an agreed-upon
3646 methodology with the state university; and
3647 b. On an individual school basis for students enrolled full
3648 time in a private school. The annual report must include student
3649 performance for each participating private school in which
3650 enrolled students in the private school participated in a
3651 scholarship program under this section
or s. 1002.394(12)(a)
in
3652 the prior school year. The report shall be according to each
3653 participating private school, and for participating students, in
3654 which there are at least 30 participating students who have
3655 scores for tests administered. If the state university
3656 determines that the 30-participating-student cell size may be
3657 reduced without disclosing personally identifiable information,
3658 as described in 34 C.F.R. s. 99.12, of a participating student,
3659 the state university may reduce the participating-student cell
3660 size, but the cell size must not be reduced to less than 10
3661 participating students. The department shall provide each
3662 participating private school’s prior school year’s student
3663 enrollment information to the state university no later than
3664 June 15 of each year, or as requested by the state university.
3665 2. The sharing and reporting of student performance data
3666 under this paragraph must be in accordance with requirements of
3667 ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g, the Family
3668 Educational Rights and Privacy Act, and the applicable rules and
3669 regulations issued pursuant thereto, and shall be for the sole
3670 purpose of creating the annual report required by subparagraph
3671 1. All parties must preserve the confidentiality of such
3672 information as required by law. The annual report must not
3673 disaggregate data to a level that will identify individual
3674 participating schools, except as required under sub-subparagraph
3675 1.b., or disclose the academic level of individual students.
3676 3. The annual report required by subparagraph 1. shall be
3677 published by the Department of Education on its website.
3678
(g) Notify an eligible nonprofit scholarship-funding

3679
organization of any of the organization’s identified students

3680
who are receiving educational scholarships pursuant to this

3681
chapter.

3682
(h) Notify an eligible nonprofit scholarship-funding

3683
organization of any of the organization’s identified students

3684
who are receiving tax credit scholarships from other eligible

3685
nonprofit scholarship-funding organizations.

3686
(i) Require quarterly reports by an eligible nonprofit

3687
scholarship-funding organization regarding the number of

3688
students participating in the program; the private schools at

3689
which the students are enrolled; the number of scholarship

3690
applications received, the number of applications processed

3691
within 30 days after receipt, and the number of incomplete

3692
applications received; data related to reimbursement

3693
submissions, including the average number of days for a

3694
reimbursement to be reviewed and the average number of days for

3695
a reimbursement to be approved; any parent input and feedback

3696
collected regarding the program; and any other information

3697
deemed necessary by the Department of Education.

3698
(e)
(j)
Provide a process to match the direct certification
3699 list with the scholarship application data submitted by any
3700 nonprofit scholarship-funding organization eligible to receive
3701 the
3 percent

3-percent
administrative allowance under paragraph
3702
(6)(i)

(6)(l)
.
3703
(f)
(k)
Notify each school district of the full-time
3704 equivalent student consensus estimate of scholarship students
3705 developed pursuant to s. 216.136(4)(a).
3706
(10) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—

3707
(a) Upon the request of any eligible nonprofit scholarship

3708
funding organization, a school district shall inform all

3709
households within the district receiving free or reduced-priced

3710
meals under the National School Lunch Act of their eligibility

3711
to apply for a tax credit scholarship. The form of such notice

3712
shall be provided by the eligible nonprofit scholarship-funding

3713
organization, and the district shall include the provided form,

3714
if requested by the organization, in any normal correspondence

3715
with eligible households. If an eligible nonprofit scholarship

3716
funding organization requests a special communication to be

3717
issued to households within the district receiving free or

3718
reduced-price meals under the National School Lunch Act, the

3719
organization shall reimburse the district for the cost of

3720
postage. Such notice is limited to once a year.

3721
(b) Upon the request of the Department of Education, a

3722
school district shall coordinate with the department to provide

3723
to a participating private school the statewide assessments

3724
administered under s. 1008.22 and any related materials for

3725
administering the assessments. A school district is responsible

3726
for implementing test administrations at a participating private

3727
school, including the:

3728
1. Provision of training for participating private school

3729
staff on test security and assessment administration procedures;

3730
2. Distribution of testing materials to a participating

3731
private school;

3732
3. Retrieval of testing materials from a participating

3733
private school;

3734
4. Provision of the required format for a participating

3735
private school to submit information to the district for test

3736
administration and enrollment purposes; and

3737
5. Provision of any required assistance, monitoring, or

3738
investigation at a participating private school.

3739
(9)
(11)
SCHOLARSHIP AMOUNT AND PAYMENT.—
3740 (a) The scholarship amount provided to any student for any
3741 single school year by an eligible nonprofit scholarship-funding
3742 organization from eligible contributions shall be for total
3743 costs authorized under paragraph
(6)(c)

(6)(d)
, not to exceed
3744 annual limits
.
, which shall be determined as follows:

3745
1. For a student who received a scholarship in the 2018

3746
2019 school year, who remains eligible, and who is enrolled in

3747
an eligible private school, the amount shall be the greater

3748
amount calculated pursuant to subparagraph 2. or a percentage of

3749
the unweighted FTE funding amount for the 2018-2019 state fiscal

3750
year and thereafter as follows:

3751
a. Eighty-eight percent for a student enrolled in

3752
kindergarten through grade 5.

3753
b. Ninety-two percent for a student enrolled in grade 6

3754
through grade 8.

3755
c. Ninety-six percent for a student enrolled in grade 9

3756
through grade 12.

3757
2. For students initially eligible in the 2019-2020 school

3758
year or thereafter, the calculated amount for a student to

3759
attend an eligible private school shall be calculated in

3760
accordance with s. 1002.394(12)(a).

3761
(b) Payment of the scholarship by the eligible nonprofit

3762
scholarship-funding organization shall be by funds transfer,

3763
including, but not limited to, debit cards, electronic payment

3764
cards, or any other means of payment that the department deems

3765
to be commercially viable or cost-effective. An eligible

3766
nonprofit scholarship-funding organization shall ensure that the

3767
parent has approved a funds transfer before any scholarship

3768
funds are deposited.

3769
(c) If a scholarship student is attending an eligible

3770
private school full time, the initial payment shall be made

3771
after the organization’s verification of admission acceptance,

3772
and subsequent payments shall be made upon verification of

3773
continued enrollment and attendance at the eligible private

3774
school. Payments shall be made within 7 business days after

3775
approval by the parent pursuant to paragraph (7)(a) and the

3776
private school pursuant to paragraph (8)(b).

3777
(d) Payment of the scholarship shall be made by the

3778
eligible nonprofit scholarship-funding organization no less

3779
frequently than on a quarterly basis.

3780
(e) An eligible nonprofit scholarship-funding organization

3781
may not transfer any funds to an account of a student determined

3782
eligible under this section which has a balance in excess of

3783
$24,000.

3784
(b)
(f)
A scholarship awarded to an eligible student shall
3785 remain in force until:
3786 1. The organization determines that the student is not
3787 eligible for program renewal;
3788 2. The Commissioner of Education suspends or revokes
3789 program participation or use of funds;
3790 3. The student’s parent has forfeited participation in the
3791 program for failure to comply with subsection (7);
3792 4. The student who uses the scholarship for full-time
3793 tuition and fees at an eligible private school
pursuant to

3794
paragraph (7)(a)
enrolls full time in a public school. However,
3795 if a student enters a Department of Juvenile Justice detention
3796 center for a period of no more than 21 days, the student is not
3797 considered to have returned to a public school on a full-time
3798 basis for that purpose; or
3799 5. The student graduates from high school
, completes a home

3800
education program as defined in the student’s personalized

3801
education plan,
or attains 21 years of age, whichever occurs
3802 first.
3803
(g) Reimbursements for program expenditures may continue

3804
until the account balance is expended or remaining funds have

3805
reverted to the state.

3806
(c)
(h)
A student’s scholarship account must be closed and
3807 any remaining funds shall revert to the state
or organization,

3808
as applicable,
after:
3809 1. Denial or revocation of program eligibility by the
3810 commissioner for fraud or abuse, including, but not limited to,
3811 the student or student’s parent accepting any payment, refund,
3812 or rebate, in any manner, from a provider of any services
3813 received pursuant to paragraph (6)(d);
3814 2.
One fiscal year

Two consecutive fiscal years
in which an
3815 account has been inactive;
or

3816 3. The student remains unenrolled in an eligible private
3817 school for 30 days while receiving a scholarship that requires
3818 full-time enrollment
; or

3819
4.
A student
’s scholarship no longer remains in force due

3820
to any of the reasons provided in paragraph (b)
.
3821
3822
An organi
zation must report to the Department of Education the

3823
total number of scholarship accounts that were closed pursuant

3824
to this paragraph and the amount of funds by account that

3825
reverted to the organization.

3826
(d)
(i)
Moneys received pursuant to this section do not
3827 constitute taxable income to the qualified student or the parent
3828 of the qualified student.
3829
(13)
(15)
NONPROFIT SCHOLARSHIP-FUNDING ORGANIZATIONS;
3830 APPLICATION.—In order to participate in the scholarship program
3831 created under this section, a charitable organization that seeks
3832 to be a nonprofit scholarship-funding organization must submit
3833 an application for initial approval or renewal to the Office of
3834 Independent Education and Parental Choice. Charitable
3835 organizations may apply at any time to participate in the
3836 program.
3837 (e) If the State Board of Education disapproves the renewal
3838 of a nonprofit scholarship-funding organization, the
3839 organization must notify the affected eligible students and
3840 parents of the decision within 15 days after disapproval. An
3841 eligible student affected by the disapproval of an
3842 organization’s participation remains eligible under this section
3843 until the end of the school year in which the organization was
3844 disapproved. The student must apply and be accepted by another
3845 eligible nonprofit scholarship-funding organization for the
3846 upcoming school year. The student shall be given priority in
3847 accordance with
s. 1002.421(2)(d)3.

paragraph (6)(g)
.

3848 Section 7. Paragraph (l) of subsection (4) of section
3849 1003.485, Florida Statutes, is amended to read:
3850 1003.485 The New Worlds Reading Initiative.—
3851 (4) ADMINISTRATOR RESPONSIBILITIES.—The administrator
3852 shall:
3853 (l) Expend eligible contributions received only for the
3854 purchase and delivery of books and to implement the requirements
3855 of this section, as well as for administrative expenses not to
3856 exceed 2 percent of total eligible contributions.
3857 Notwithstanding
s. 1002.395(6)(i)3.

s. 1002.395(6)(l)3.
, the
3858 administrator may carry forward up to 25 percent of eligible
3859 contributions made before January 1 of each state fiscal year
3860 and 100 percent of eligible contributions made on or after
3861 January 1 of each state fiscal year to the following state
3862 fiscal year for purposes authorized by this subsection. Any
3863 eligible contributions in excess of the allowable carry forward
3864 not used to provide additional books throughout the year to
3865 eligible students shall revert to the state treasury.
3866 Section 8. Paragraph (d) of subsection (5) of section
3867 1008.25, Florida Statutes, is amended to read:
3868 1008.25 Public school student progression; student support;
3869 coordinated screening and progress monitoring; reporting
3870 requirements.—
3871 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
3872 (d) The parent of any student who exhibits a substantial
3873 deficiency in reading, as described in paragraph (a), must be
3874 immediately notified in writing of the following:
3875 1. That his or her child has been identified as having a
3876 substantial deficiency in reading, including a description and
3877 explanation, in terms understandable to the parent, of the exact
3878 nature of the student’s difficulty in learning and lack of
3879 achievement in reading.
3880 2. A description of the current services that are provided
3881 to the child.
3882 3. A description of the proposed intensive interventions
3883 and supports that will be provided to the child that are
3884 designed to remediate the identified area of reading deficiency.
3885 4. The student progression requirements under paragraph
3886 (2)(h) and that if the child’s reading deficiency is not
3887 remediated by the end of grade 3, the child must be retained
3888 unless he or she is exempt from mandatory retention for good
3889 cause.
3890 5. Strategies, including multisensory strategies and
3891 programming, through a read-at-home plan the parent can use in
3892 helping his or her child succeed in reading. The read-at-home
3893 plan must provide access to the resources identified in
3894 paragraph (e).
3895 6. That the statewide, standardized English Language Arts
3896 assessment is not the sole determiner of promotion and that
3897 additional evaluations, portfolio reviews, and assessments are
3898 available to the child to assist parents and the school district
3899 in knowing when a child is reading at or above grade level and
3900 ready for grade promotion.
3901 7. The district’s specific criteria and policies for a
3902 portfolio as provided in subparagraph (7)(b)4. and the evidence
3903 required for a student to demonstrate mastery of Florida’s
3904 academic standards for English Language Arts. A school must
3905 immediately begin collecting evidence for a portfolio when a
3906 student in grade 3 is identified as being at risk of retention
3907 or upon the request of the parent, whichever occurs first.
3908 8. The district’s specific criteria and policies for
3909 midyear promotion. Midyear promotion means promotion of a
3910 retained student at any time during the year of retention once
3911 the student has demonstrated ability to read at grade level.
3912 9. Information about the student’s eligibility for the New
3913 Worlds Reading Initiative under s. 1003.485
and the New Worlds

3914
Scholarship Accounts under s. 1002.411
and information on parent
3915 training modules and other reading engagement resources
3916 available through the initiative.
3917
3918 After initial notification, the school shall apprise the parent
3919 at least monthly of the student’s progress in response to the
3920 intensive interventions and supports. Such communications must
3921 be in writing and must explain any additional interventions or
3922 supports that will be implemented to accelerate the student’s
3923 progress if the interventions and supports already being
3924 implemented have not resulted in improvement. Upon the request
3925 of the parent, the teacher or school administrator shall meet to
3926 discuss the student’s progress. The parent may request more
3927 frequent notification of the student’s progress, more frequent
3928 interventions or supports, and earlier implementation of the
3929 additional interventions or supports described in the initial
3930 notification.
3931 Section 9. Section 1010.305, Florida Statutes, is amended
3932 to read:
3933 1010.305 Audit of student enrollment.—
3934 (1) The Auditor General shall
annually

periodically
examine
3935 the records of school districts,
eligible nonprofit scholarship

3936
funding organizations as defined in s. 1002.421,
and other
3937 agencies as appropriate, to determine compliance with law and
3938 State Board of Education rules relating to the classification,
3939 assignment, and verification of full-time equivalent student
3940 enrollment and student transportation reported under the Florida
3941 Education Finance Program.
3942 (2) If it is determined that the approved criteria and
3943 procedures for the placement of students and the conduct of
3944 programs have not been followed by the district
or eligible

3945
nonprofit scholarship-funding organization
, appropriate
3946 adjustments in the full-time equivalent student count for that
3947 district
or eligible nonprofit scholarship-funding organization

3948 must be made, and any excess funds must be deducted from
3949 subsequent allocations of state funds to that district
or

3950
eligible nonprofit scholarship-funding organization
. As provided
3951 for by rule, if errors in a specific program of a district
or

3952
eligible nonprofit scholarship-funding organization
recur in
3953 consecutive years due to lack of corrective action by the
3954 district
or eligible nonprofit scholarship-funding organization
,
3955 adjustments may be made based upon statistical estimates of
3956 error projected to the overall district
or scholarship
program.
3957 Section 10. Subsection (4) of section 1011.61, Florida
3958 Statutes, is amended to read:
3959 1011.61 Definitions.—Notwithstanding the provisions of s.
3960 1000.21, the following terms are defined as follows for the
3961 purposes of the Florida Education Finance Program:
3962 (4) The “Florida Education Finance Program” includes all
3963 programs and costs as provided in ss. 1003.03, 1011.62, 1011.68,
3964
and
1011.685
,

1011.687
, and 1011.689, as applicable
.
3965 Section 11. Paragraph (a) of subsection (1), paragraph (a)
3966 of subsection (15), and subsections (16) and (19) of section
3967 1011.62, Florida Statutes, are amended to read:
3968 1011.62 Funds for operation of schools.—If the annual
3969 allocation from the Florida Education Finance Program to each
3970 district for operation of schools is not determined in the
3971 annual appropriations act or the substantive bill implementing
3972 the annual appropriations act, it shall be determined as
3973 follows:
3974 (1) COMPUTATION OF THE BASE FLORIDA EDUCATION FINANCE
3975 PROGRAM.—The following procedure shall be followed in
3976 determining the base Florida Education Finance Program funds for
3977 each district:
3978 (a)
Determination of full-time equivalent membership.
—
3979
1.
During the fiscal year, including scheduled
3980 intersessions of a year-round school program during the fiscal
3981 year, each district shall complete full-time equivalent surveys
3982 by aggregating the full-time equivalent student membership of
3983 each program by school. The department shall establish the
3984 number and interval of membership calculations. The district’s
3985 full-time equivalent membership shall be computed and currently
3986 maintained in accordance with regulations of the commissioner.
3987
2. All final reported full-time equivalent survey data must

3988
include the unduplicated count of both school district full-time

3989
equivalent students and full-time equivalent Family Empowerment

3990
Scholarship students.

3991 (15) TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT.—The
3992 total annual state allocation to each district for current
3993 operation for the Florida Education Finance Program shall be
3994 distributed to districts pursuant to s. 1011.66 and based on the
3995 results of the full-time equivalent membership surveys
3996 established in paragraph (1)(a).
3997 (a) When the Florida Education Finance Program allocation
3998 is recalculated, if the gross state Florida Education Finance
3999 Program funds are not sufficient to pay the state requirement in
4000 full, the department shall prorate the available state funds to
4001 each district in the following manner:
4002 1. To calculate the gross state and local Florida Education
4003 Finance Program funding, add the base Florida Education Finance
4004 Program and the categorical funds, except for the categorical
4005 funding provided in
subsection (16) and
s. 1011.685.
4006 2. To calculate the gross state Florida Education Finance
4007 Program funding, subtract the required local effort in
4008 subsection (4) from the gross and local Florida Education
4009 Finance Program funding.
4010 3. To determine the amount that must be prorated among all
4011 school districts, subtract the gross state Florida Education
4012 Finance Program and any prior year adjustments pursuant to
4013 paragraph (b) from the corresponding amount of state funds
4014 appropriated in the General Appropriations Act.
4015 4. Each school district’s amount of the proration is
4016 calculated based on its proportionate share of the gross state
4017 and local Florida Education Finance Program funding.
4018
(16) STATE-FUNDED DISCRETIONARY SUPPLEMENT.—

4019
(a) The state-funded discretionary supplement is created to

4020
fund the nonvoted discretionary millage for operations pursuant

4021
to s. 1011.71(1) and (3) for students awarded a Family

4022
Empowerment Scholarship in accordance with s. 1002.394. To

4023
calculate the state-funded discretionary supplement for

4024
inclusion in the amount of the scholarship funding:

4025
1. For fiscal year 2023-2024, multiply the maximum

4026
allowable nonvoted discretionary millage for operations pursuant

4027
to s. 1011.71(1) and (3) by the value of 96 percent of the

4028
current year’s taxable value for school purposes for the school

4029
district where the student is reported for purposes of the

4030
Florida Education Finance Program as appropriated in the General

4031
Appropriations Act; divide the result by the school district’s

4032
total unweighted full-time equivalent membership as appropriated

4033
in the General Appropriations Act; and multiply the result by

4034
the total unweighted full-time equivalent membership associated

4035
with the number of Family Empowerment Scholarship students

4036
included in the school district’s total unweighted full-time

4037
equivalent membership. A base amount as specified in the General

4038
Appropriations Act shall be added to this amount for purposes of

4039
calculating the total amount of the supplement.

4040
2. Beginning in fiscal year 2024-2025 and thereafter,

4041
multiply the maximum allowable nonvoted discretionary millage

4042
for operations pursuant to s. 1011.71(1) and (3) by the value of

4043
96 percent of the current year’s taxable value for school

4044
purposes for the school district where the student is reported

4045
for purposes of the Florida Education Finance Program as

4046
appropriated in the General Appropriations Act; divide the

4047
result by the school district’s total unweighted full-time

4048
equivalent membership as appropriated in the General

4049
Appropriations Act; and multiply the result by the total

4050
unweighted full-time equivalent membership associated with the

4051
number of Family Empowerment Scholarship students. The prior

4052
year’s base amount shall be adjusted based on changes in the

4053
eligible number of unweighted full-time equivalent membership

4054
associated with the number of Family Empowerment Scholarship

4055
students.

4056
(b) The state-funded discretionary supplement shall be

4057
recalculated during the fiscal year based on actual full-time

4058
equivalent student membership.

4059
(19) EDUCATIONAL ENROLLMENT STABILIZATION PROGRAM.—

4060
(a) The educational enrollment stabilization program is

4061
created to provide supplemental state funds as needed to

4062
maintain the stability of the operations of public schools in

4063
each school district and to protect districts, including charter

4064
schools, from financial instability as a result of changes in

4065
full-time equivalent student enrollment throughout the school

4066
year.

4067
(b) The Legislature shall annually appropriate funds in the

4068
General Appropriations Act to the Department of Education for

4069
this program in an amount necessary to maintain a projected

4070
minimum balance of $250 million at the beginning of the upcoming

4071
fiscal year. The Department of Education shall use funds as

4072
appropriated to ensure that based on each recalculation of the

4073
Florida Education Finance Program pursuant to paragraph (1)(a),

4074
a school district’s funds per unweighted full-time equivalent

4075
student are not less than the greater of either the school

4076
district’s funds per unweighted full-time equivalent student as

4077
appropriated in the General Appropriations Act or the school

4078
district’s funds per unweighted full-time equivalent student as

4079
recalculated based upon the receipt of the certified taxable

4080
value for school purposes pursuant to s. 1011.62(4).

4081
(c) Notwithstanding s. 216.301 and pursuant to s. 216.351,

4082
the unexpended balance of funds appropriated pursuant to this

4083
subsection which is not disbursed by June 30 of the fiscal year

4084
in which the funds are appropriated may be carried forward for

4085
up to 10 years after the effective date of the original

4086
appropriation.

4087 Section 12. Paragraph (l) of subsection (2) of section
4088 11.45, Florida Statutes, is amended, and paragraph (o) is added
4089 to that subsection, to read:
4090 11.45 Definitions; duties; authorities; reports; rules.—
4091 (2) DUTIES.—The Auditor General shall:
4092 (l) At least once every 3 years, conduct operational audits
4093 of the accounts and records of eligible nonprofit scholarship
4094 funding organizations receiving eligible contributions under s.
4095 1002.395, including any contracts for services with related
4096 entities, to determine compliance with the provisions of that
4097 section. Such audits shall include, but not be limited to, a
4098 determination of the eligible nonprofit scholarship-funding
4099 organization’s compliance with
s. 1002.395(6)(i)
, including

4100
whether the organization’s expenditures are reasonable and

4101
necessary

s. 1002.395(6)(l)
. The Auditor General shall provide
4102 its report on the results of the audits to the Governor, the
4103 President of the Senate, the Speaker of the House of
4104 Representatives, the Chief Financial Officer, and the
4105 Legislative Auditing Committee, within 30 days of completion of
4106 the audit.
4107
(o) Beginning July 1, 202
7
, annually conduct an audit of

4108
records of eligible
nonprofit
scholarship
-
funding organizations

4109
regarding the background screening re
sults
in s. 1002.421(8)(a).

4110
4111 The Auditor General shall perform his or her duties
4112 independently but under the general policies established by the
4113 Legislative Auditing Committee. This subsection does not limit
4114 the Auditor General’s discretionary authority to conduct other
4115 audits or engagements of governmental entities as authorized in
4116 subsection (3).
4117 Section 13. Paragraph (c) of subsection (7) of section
4118 212.099, Florida Statutes, is amended to read:
4119 212.099 Credit for contributions to eligible nonprofit
4120 scholarship-funding organizations.—
4121 (7)
4122 (c) The organization may, subject to the limitations of
s.

4123
1002.395(6)(i)1.

s. 1002.395(6)(l)1.
, use eligible contributions
4124 received during the state fiscal year in which such
4125 contributions are collected for administrative expenses.
4126 Section 14. Subsection (6) of section 402.22, Florida
4127 Statutes, is amended to read:
4128 402.22 Education program for students who reside in
4129 residential care facilities operated by the Department of
4130 Children and Families or the Agency for Persons with
4131 Disabilities.—
4132 (6) Notwithstanding the provisions of s. 1001.42(4)(m), the
4133 educational program at the Marianna Sunland Center in Jackson
4134 County shall be operated by the Department of Education, either
4135 directly or through grants or contractual agreements with other
4136 public educational agencies. The annual state allocation to any
4137 such agency shall be computed pursuant to s. 1011.62(1), (2),
4138 and
(17)

(18)
and allocated in the amount that would have been
4139 provided the local school district in which the residential
4140 facility is located.
4141 Section 15. Paragraph (b) of subsection (6) of section
4142 1002.45, Florida Statutes, is amended to read:
4143 1002.45 Virtual instruction programs.—
4144 (6) VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER SCHOOL
4145 FUNDING.—
4146 (b) Students enrolled in a virtual instruction program
4147 shall be funded in the Florida Education Finance Program as
4148 provided in the General Appropriations Act. The calculation to
4149 determine the amount of funds for each student through the
4150 Florida Education Finance Program shall include the sum of the
4151 basic amount for current operations established in s.
4152 1011.62(1)(n) and all categorical programs except for the
4153 categorical programs established in ss. 1011.62(7)
and
,
(12),
4154
and (16),
1011.68,
and
1011.685
, and 1011.687
. Students residing
4155 outside of the school district reporting the full-time
4156 equivalent virtual student shall be funded from state funds
4157 only.
4158 Section 16. Subsection (3) of section 1003.4935, Florida
4159 Statutes, is amended to read:
4160 1003.4935 Middle grades career and professional academy
4161 courses and career-themed courses.—
4162 (3) CAPE industry certifications offered in the middle
4163 grades that are included on the CAPE Industry Certification
4164 Funding List, if earned by students, are eligible for additional
4165 funding pursuant to
s. 1011.62(16)

s. 1011.62(17)
.
4166 Section 17. Paragraph (a) of subsection (2) and paragraph
4167 (b) of subsection (3) of section 1010.20, Florida Statutes, are
4168 amended to read:
4169 1010.20 Cost accounting and reporting for school
4170 districts.—
4171 (2) COST REPORTING.—
4172 (a) Each district shall report on a district-aggregate
4173 basis expenditures for inservice training pursuant to s.
4174 1011.62(3) and for categorical programs as provided in s.
4175 1011.62(18).
4176 (3) PROGRAM EXPENDITURE REQUIREMENTS.—
4177 (b) Funds for inservice training established in s.
4178 1011.62(3) and for categorical programs established in
s.

4179
1011.62(1
7
)

s. 1011.62(18)
shall be expended for the costs of
4180 the identified programs as provided by law and in accordance
4181 with the rules of the State Board of Education.
4182 Section 18.
(1)
The Legislature finds that the educational

4183
scholarship programs created pursuant to chapter 1002, Florida

4184
Statutes, provide unprecedented school choice in this state and

4185
are central to parent empowerment.

4186
(a) The Legislature further finds that to protect universal

4187
school choice within this state, it is critical to remain good

4188
stewards of taxpayer funds, including eligible contributions

4189
made to scholarship programs. This state is implementing the

4190
nation’s largest school choice program, and it must be

4191
safeguarded.

4192
(b) To improve the efficiency, accountability, and

4193
transparency of the scholarship programs, a single entity that

4194
can be held directly accountable to the state must be

4195
responsible for the implementation of the programs.

4196
(c) Therefore, the Legislature determines that it is in the

4197
best interest of this state for the Department of Education to

4198
implement the scholarship programs.

4199
(2) The Department of Education must provide a report

4200
outlining its recommendations for the implementation of the

4201
educational scholarship programs, with such implementation set

4202
to begin in the 2028-2029 school year.

4203
(3) The department’s recommendations must address each of

4204
the following program components:

4205
(a) The application process.

4206
(b)

The enrollment and verification process.

4207
(c)

Student account management and requirements.

4208
(d) The payment or reimbursement process.

4209
(e)

Communication with parents regarding the different

4210
scholarship programs and how to apply to a scholarship program.

4211
(f) Assistance for parents with scholarship-related

4212
questions and issues.

4213
(g) Administration of the contributions received pursuant

4214
to s. 1002.395(5), Florida Statutes.

4215
(4)

The department may, for any or all of the program

4216
components, recommend itself or any other state agency or public

4217
entity,

such as school districts or educational consortiums,
for

4218
implementation of the component. Any contract to implement a

4219
component must be awarded pursuant to chapter 287, Florida

4220
Statutes, through a competitive procurement process. At a

4221
minimum, the department must include an outline of the

4222
requirements for each program component which includes all of

4223
the following information, as applicable:

4224
(a)

An estimate of recurring and nonrecurring costs,

4225
including an estimate of any administrative costs the department

4226
deems reasonable and necessary, and for what purposes the

4227
administrative funds may be used.

4228
(b)

A description, justification, and detailed cost

4229
breakdown of any additional resources
that
the department

4230
requires to fully implement
the
program component.

4231
(c)

The business, functional, and technical requirements

4232
for the program component.

4233
(d)

A list of roles and responsibilities for the program

4234
component which delineates the functionality that will be

4235
provided by the department or other entity, as applicable.

4236
(e)

A proposed implementation timeline that identifies

4237
major milestones, dependencies, and the
estimated
completion

4238
dates for
the
program component.

4239
(f)

A
framework establishing a
communication structure and

4240
accountability measures
which
will ensure coordinated,

4241
efficient, and transparent interaction among
each
project

4242
component.

4243
(g) An outcome-based contracting framework that will be

4244
used to measure each contract’s success against specific,

4245
objective performance metrics and desired outcomes. This

4246
framework may incorporate a system of rewards for exceeding

4247
performance goals
,
and penalties for failing to meet them.

4248
(
5) If the department recommends administration of any

4249
project component by a scholarship-funding organization, the

4250
department must include recommendations for eligibility

4251
requirements of the scholarship-funding organizations and any

4252
other changes to the application process or other procedural

4253
requirements it recommends.

4254
(6) The department shall also include in its report a plan

4255
to ensure that the results from required background screening

4256
for education providers who are licensed or who are exempt from

4257
licensure through the Department of Children and Families are

4258
shared with the
Department of Education
.

4259
(7) The department must submit the report to the Governor,

4260
the President of the Senate, and the Speaker of the House of

4261
Representatives no later than December 1, 2026, and must include

4262
any statutory changes that may be necessary to implement the

4263
department’s recommendations.

4264
(8) This section expires July 1, 2027.

4265 Section 19. This act shall take effect July 1, 2026.