Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS/HB 7067, 1st Eng.
       
       
       
       
       
       
                                Ì600908/Î600908                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 1/WD/2R         .                                
             03/12/2020 02:53 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Lee moved the following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete lines 210 - 309
    4  and insert:
    5         (b) The scholarship amount provided to a student for any
    6  single school year shall be for tuition and fees for an eligible
    7  private school, not to exceed annual limits, which shall be
    8  determined in accordance with this paragraph. The calculated
    9  amount for a student to attend an eligible private school shall
   10  be based upon the grade level and school district in which the
   11  student was assigned as 95 percent of the funds per unweighted
   12  full-time equivalent in the Florida Education Finance Program
   13  for a student in the basic program established pursuant to s.
   14  1011.62(1)(c)1., plus a per-full-time equivalent share of funds
   15  for all categorical programs, except for the Exceptional Student
   16  Education Guaranteed Allocation and the Teacher Salary Increase
   17  Allocation.
   18         Section 2. Subsection (3), paragraphs (e) and (f) of
   19  subsection (6), and paragraph (a) of subsection (11) of section
   20  1002.395, Florida Statutes, are amended to read:
   21         1002.395 Florida Tax Credit Scholarship Program.—
   22         (3) PROGRAM; INITIAL SCHOLARSHIP ELIGIBILITY.—
   23         (a) The Florida Tax Credit Scholarship Program is
   24  established.
   25         (b) A student is eligible for a Florida tax credit
   26  scholarship under this section if the student meets one or more
   27  of the following criteria:
   28         1. The student is on the direct certification list or the
   29  student’s household income level does not exceed 260 185 percent
   30  of the federal poverty level; or
   31         2. The student is currently placed, or during the previous
   32  state fiscal year was placed, in foster care or in out-of-home
   33  care as defined in s. 39.01.
   34         3. The student’s household income level is greater than 185
   35  percent of the federal poverty level but does not exceed 260
   36  percent of the federal poverty level.
   37  
   38  Priority must be given to a student whose household income level
   39  does not exceed 185 percent of the federal poverty level or who
   40  is in foster care or out-of-home care. A student who initially
   41  receives a scholarship based on eligibility under this paragraph
   42  subparagraph (b)2. remains eligible to participate until he or
   43  she the student graduates from high school or attains the age of
   44  21 years, whichever occurs first, regardless of the student’s
   45  household income level. A student who initially received a
   46  scholarship based on income eligibility before the 2019-2020
   47  school year remains eligible to participate until he or she
   48  graduates from high school, attains the age of 21 years, or the
   49  student’s household income level exceeds 260 percent of the
   50  federal poverty level, whichever occurs first. A sibling of a
   51  student who is participating in the scholarship program under
   52  this subsection is eligible for a scholarship if the student
   53  resides in the same household as the sibling.
   54         (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
   55  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
   56  organization:
   57         (e) Must give first priority to eligible renewal students
   58  who received a full-time scholarship from an eligible nonprofit
   59  scholarship-funding organization or from the State of Florida
   60  during the previous school year. The eligible nonprofit
   61  scholarship-funding organization must fully apply and exhaust
   62  all funds available under this section and s. 1002.40(11)(i) for
   63  renewal scholarship awards before awarding any initial
   64  scholarships Beginning in the 2016-2017 school year, an eligible
   65  nonprofit scholarship-funding organization shall give priority
   66  to new applicants whose household income levels do not exceed
   67  185 percent of the federal poverty level or who are in foster
   68  care or out-of-home care.
   69         (f) Must provide a renewal or initial scholarship to an
   70  eligible student on a first-come, first-served basis unless the
   71  student qualifies for priority pursuant to paragraph (e). Each
   72  eligible nonprofit scholarship-funding organization must refer
   73  any student eligible for a scholarship pursuant to this section
   74  who did not receive a renewal or initial scholarship based
   75  solely on the lack of available funds under this section and s.
   76  1002.40(11)(i) to another eligible nonprofit scholarship-funding
   77  organization that may have funds available.
   78  
   79  Information and documentation provided to the Department of
   80  Education and the Auditor General relating to the identity of a
   81  taxpayer that provides an eligible contribution under this
   82  section shall remain confidential at all times in accordance
   83  with s. 213.053.
   84         (11) SCHOLARSHIP AMOUNT AND PAYMENT.—
   85         (a) The scholarship amount provided to any student for any
   86  single school year by an eligible nonprofit scholarship-funding
   87  organization from eligible contributions shall be for total
   88  costs authorized under paragraph (6)(d), not to exceed annual
   89  limits, which shall be determined as follows:
   90         1. For a student who received a scholarship in the 2018
   91  2019 school year, who remains eligible, and who is enrolled in
   92  an eligible private school, the amount shall be the greater
   93  amount calculated pursuant to subparagraph 2. or a percentage of
   94  the unweighted FTE funding amount for the 2018-2019 state fiscal
   95  year and thereafter as follows:
   96         a. Eighty-eight percent for a student enrolled in
   97  kindergarten through grade 5.
   98         b. Ninety-two percent for a student enrolled in grade 6
   99  through grade 8.
  100         c. Ninety-six percent for a student enrolled in grade 9
  101  through grade 12.
  102         2. For students initially eligible in the 2019-2020 school
  103  year or thereafter, the calculated amount for a student to
  104  attend an eligible private school shall be based upon the grade
  105  level and school district in which the student resides as 95
  106  percent of the funds per unweighted full-time equivalent in the
  107  Florida Education Finance Program for a student in the basic
  108  program established pursuant to s. 1011.62(1)(c)1., plus a per
  109  full-time equivalent share of funds for all categorical
  110  programs, except for the Exceptional Student Education
  111  Guaranteed Allocation and the Teacher Salary Increase
  112  Allocation.
  113         3. The scholarship amount awarded to a student enrolled in
  114  a Florida public school in which a student is enrolled and that
  115  is different from the school to which the student was assigned
  116  or in a lab school as defined in s. 1002.32, is limited to $750.
  117         Section 3. Paragraphs (a) and (i) of subsection (11) of
  118  section 1002.40, Florida Statutes, are amended to read:
  119         1002.40 The Hope Scholarship Program.—
  120         (11) FUNDING AND PAYMENT.—
  121         (a) For students initially eligible in the 2019-2020 school
  122  year or thereafter, the calculated amount for a student to
  123  attend an eligible private school shall be based upon the grade
  124  level and school district in which the student was assigned as
  125  95 percent of the funds per unweighted full-time equivalent in
  126  the Florida Education Finance Program for a student in the basic
  127  program established pursuant to s. 1011.62(1)(c)1., plus a per
  128  full-time equivalent share of funds for all categorical
  129  programs, except for the Exceptional Student Education
  130  Guaranteed Allocation and the Teacher Salary Increase
  131  Allocation.
  132         (i) Notwithstanding s. 1002.395(6)(j)2., no more than 5
  133  percent of net eligible contributions may be carried forward to
  134  the following state fiscal year by an eligible scholarship
  135  funding organization. For audit purposes, all amounts carried
  136  forward must be specifically identified for individual students
  137  by student name and by the name of the school to which the
  138  student is admitted, subject to the requirements of ss. 1002.21
  139  and 1002.22 and 20 U.S.C. s. 1232g, and the applicable rules and
  140  regulations issued pursuant to such requirements. Any amounts
  141  carried forward shall be expended for annual scholarships or
  142  partial-year scholarships in the following state fiscal year.
  143  Net eligible contributions remaining on June 30 of each year
  144  which are in excess of the 5 percent that may be carried forward
  145  shall be transferred to other eligible nonprofit scholarship
  146  funding organizations participating in the Hope Scholarship
  147  Program to provide scholarships for eligible students. All
  148  transferred funds must be deposited by each eligible nonprofit
  149  scholarship-funding organization receiving such funds into the
  150  scholarship account of eligible students. All transferred
  151  amounts received by an eligible nonprofit scholarship-funding
  152  organization must be separately disclosed in the annual
  153  financial audit requirement under s. 1002.395(6)(m). If no other
  154  eligible nonprofit scholarship-funding organization participates
  155  in the Hope Scholarship Program, net eligible contributions in
  156  excess of the 5 percent may be used to fund scholarships for
  157  students eligible under s. 1002.395 only after fully exhausting
  158  all contributions made in support of scholarships under that
  159  section in accordance with the priority established in s.
  160  1002.395(6)(e) before awarding any initial scholarships s.
  161  1002.395(3).
  162  
  163  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  164  And the directory clause is amended as follows:
  165         Delete lines 47 - 48
  166  and insert:
  167  and (7), paragraph (c) of subsection (8), and paragraphs (a) and
  168  (b) of subsection (11) of that section are amended, to read:
  169  
  170  ================= T I T L E  A M E N D M E N T ================
  171  And the title is amended as follows:
  172         Delete lines 21 - 35
  173  and insert:
  174         creating a new exception for scholarship funding for
  175         the Family Empowerment Scholarship; amending s.
  176         1002.395, F.S.; revising eligibility criteria for the
  177         Florida Tax Credit Scholarship Program and applying
  178         the criteria only to initial eligibility; requiring
  179         that priority be given to students whose household
  180         income levels do not exceed a specified amount or who
  181         are in foster care or out-of-home care; requiring
  182         scholarship-funding organizations to prioritize
  183         renewal scholarships over initial scholarships;
  184         requiring a scholarship-funding organization to refer
  185         students who did not receive a scholarship because of
  186         lack of funds to another scholarship-funding
  187         organization; providing an exception from a funding
  188         formula under the Florida Tax Credit Scholarship
  189         Program; amending s. 1002.40, F.S.; providing an
  190         exception from funding formulas under the Hope
  191         Scholarship Program; requiring scholarship-funding
  192         organizations to use excess contributions to fund
  193         scholarships for specified students under certain
  194         conditions; amending