Florida Senate - 2022                                     SB 506
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-00358B-22                                           2022506__
    1                        A bill to be entitled                      
    2         An act relating to the Hope Scholarship Program;
    3         amending s. 1002.40, F.S.; revising the purpose of the
    4         Hope Scholarship Program; defining terms and revising
    5         definitions; deleting obsolete language; revising
    6         program eligibility; providing for the use of funds
    7         under the program; revising the term of a program
    8         scholarship; revising school district, Department of
    9         Education, parent, and nonprofit scholarship-funding
   10         organization obligations under the program;
   11         authorizing payment of scholarship funds by
   12         organizations to be made by deposit into the student’s
   13         account instead of by individual warrant made payable
   14         to the student’s parent; providing that accrued
   15         interest in the student’s account is in addition to,
   16         and not part of, awarded funds; providing that program
   17         funds include both the awarded funds and accrued
   18         interest; prohibiting a student’s scholarship award
   19         from being reduced for debit card or electronic
   20         payment fees; conforming provisions to changes made by
   21         the act; amending ss. 213.053, 1002.394, and 1002.395,
   22         F.S.; conforming cross-references; providing an
   23         effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 1002.40, Florida Statutes, is amended to
   28  read:
   29         1002.40 The Hope Scholarship Program.—
   30         (1) PURPOSE.—The Hope Scholarship Program is established to
   31  provide the parent of a public school student who was subjected
   32  to an incident listed in subsection (3) or who attends a school
   33  overseen by a district school board that is subject to ongoing
   34  action initiated by the State Board of Education pursuant to s.
   35  1008.32(4)(b), (c), or (d) an opportunity to transfer the
   36  student to another public school or to request a scholarship for
   37  the student to enroll in and attend an eligible private school.
   38         (2) DEFINITIONS.—As used in this section, the term:
   39         (a) “Curriculum” means a complete course of study for a
   40  particular content area or grade level, including any required
   41  supplemental materials and associated online instruction.
   42         (b) “Dealer” has the same meaning as provided in s. 212.06.
   43         (c)(b) “Department” means the Department of Education.
   44         (d)(c) “Designated agent” has the same meaning as provided
   45  in s. 212.06(10).
   46         (e)(d) “Eligible contribution” or “contribution” means a
   47  monetary contribution from a person purchasing a motor vehicle,
   48  subject to the restrictions provided in this section, to an
   49  eligible nonprofit scholarship-funding organization. The person
   50  making the contribution may not designate a specific student as
   51  the beneficiary of the contribution.
   52         (f)(e) “Eligible nonprofit scholarship-funding
   53  organization” or “organization” has the same meaning as provided
   54  in s. 1002.395(2)(f).
   55         (g)(f) “Eligible private school” has the same meaning as
   56  provided in s. 1002.395(2)(g).
   57         (h)“Inactive” means that no eligible expenditures have
   58  been made from an account funded pursuant to subsection (12).
   59         (i)(g) “Motor vehicle” has the same meaning as provided in
   60  s. 320.01(1)(a), but does not include a heavy truck, truck
   61  tractor, trailer, or motorcycle.
   62         (j)(h) “Parent” means a resident of this state who is a
   63  parent, as defined in s. 1000.21, and whose student reported an
   64  incident in accordance with subsection (7) (6) or whose student
   65  attends a school overseen by a district school board that is
   66  subject to ongoing action initiated by the State Board of
   67  Education pursuant to s. 1008.32(4)(b), (c), or (d).
   68         (k)(i) “Program” means the Hope Scholarship Program.
   69         (l)(j) “School” means any educational program or activity
   70  conducted by a public K-12 educational institution, any school
   71  related or school-sponsored program or activity, and riding on a
   72  school bus, as defined in s. 1006.25(1), including waiting at a
   73  school bus stop.
   74         (k) “Unweighted FTE funding amount” means the statewide
   75  average total funds per unweighted full-time equivalent funding
   76  amount that is incorporated by reference in the General
   77  Appropriations Act, or by a subsequent special appropriations
   78  act, for the applicable state fiscal year.
   79         (3) PROGRAM ELIGIBILITY.—Beginning with the 2018-2019
   80  school year, Contingent upon available funds, and on a first
   81  come, first-served basis, a student enrolled in a Florida public
   82  school in kindergarten through grade 12 is eligible for a
   83  scholarship under this program if:
   84         (a) The student or student’s parent reported an incident in
   85  accordance with subsection (6), regardless of the outcome of any
   86  investigation. For purposes of this section, the term “incident”
   87  means battery; harassment; hazing; bullying; kidnapping;
   88  physical attack; robbery; sexual offenses, harassment, assault,
   89  or battery; threat or intimidation; or fighting at school, as
   90  defined by the department in accordance with s. 1006.09(6); or
   91         (b)The student attends a school overseen by a district
   92  school board that is subject to ongoing action initiated by the
   93  State Board of Education pursuant to s. 1008.32(4)(b), (c), or
   94  (d).
   95         (4) AUTHORIZED USES OF PROGRAM FUNDS.—
   96         (a)Program funds awarded to a student who meets the
   97  eligibility requirements in subsection (3) and who opts to
   98  enroll in and attend an eligible private school may be used for:
   99         1.Instructional materials, including digital devices,
  100  digital periphery devices, and assistive technology devices that
  101  allow a student to access instruction or instructional content
  102  and training on the use of and maintenance agreements for these
  103  devices.
  104         2.Curriculum as defined in subsection (2).
  105         3.Tuition and fees at an eligible private school.
  106         4.Fees for nationally standardized, norm-referenced
  107  achievement tests, Advanced Placement Examinations, industry
  108  certification examinations, assessments related to postsecondary
  109  education, or other assessments.
  110         5.Contributions to the Stanley G. Tate Florida Prepaid
  111  College Program pursuant to s. 1009.98 or the Florida College
  112  Savings Program pursuant to s. 1009.981 for the benefit of the
  113  eligible student.
  114         (b)Program funds awarded to a student who meets the
  115  eligibility requirements in subsection (3) and who opts to
  116  transfer to a public school located outside the district in
  117  which the student resides pursuant to s. 1002.31 may be used to
  118  transport the student.
  119         (5) PROGRAM PROHIBITIONS.—Payment of a scholarship to a
  120  student enrolled in a private school may not be made if a
  121  student is:
  122         (a) Enrolled in a public school, including, but not limited
  123  to, the Florida School for the Deaf and the Blind; the College
  124  Preparatory Boarding Academy; a developmental research school
  125  authorized under s. 1002.32; or a charter school authorized
  126  under s. 1002.33, s. 1002.331, or s. 1002.332;
  127         (b) Enrolled in a school operating for the purpose of
  128  providing educational services to youth in the Department of
  129  Juvenile Justice commitment programs;
  130         (c) Participating in a virtual school, correspondence
  131  school, or distance learning program that receives state funding
  132  pursuant to the student’s participation unless the participation
  133  is limited to no more than two courses per school year; or
  134         (d) Receiving any other educational scholarship pursuant to
  135  this chapter.
  136         (6)(5) TERM OF HOPE SCHOLARSHIP.—For purposes of continuity
  137  of educational choice:,
  138         (a) A Hope scholarship shall remain in force until:
  139         1. The student returns to public school or graduates from
  140  high school, whichever occurs first. A scholarship student who
  141  enrolls in a public school or public school program is
  142  considered to have returned to a public school for the purpose
  143  of determining the end of the scholarship’s term;
  144         2.The parent does not renew program eligibility;
  145         3.The organization determines that the student is not
  146  eligible for program renewal;
  147         4.The Commissioner of Education suspends or revokes
  148  program participation or use of funds; or
  149         5.The student’s parent has forfeited participation in the
  150  program for failure to comply with subsection (10).
  151         (b)Reimbursements for program expenditures may continue
  152  until the account balance is expended or the account is closed.
  153         (c)A student’s scholarship account must be closed and any
  154  remaining funds, including, but not limited to, contributions
  155  made to the Stanley G. Tate Florida Prepaid College Program or
  156  earnings from or contributions made to the Florida College
  157  Savings Program using program funds pursuant to subparagraph
  158  (4)(a)5., shall revert to the organization after:
  159         1.Denial or revocation of program eligibility by the
  160  commissioner for fraud or abuse, including, but not limited to,
  161  the student or student’s parent accepting any payment, refund,
  162  or rebate, in any manner, from a provider of any goods or
  163  services received pursuant to subsection (4); or
  164         2.Two consecutive fiscal years during which an account has
  165  been inactive.
  166         (7)(6) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—
  167         (a) Upon receipt of a report of an incident, the school
  168  principal, or his or her designee, shall provide a copy of the
  169  report to the parent and investigate the incident to determine
  170  if the incident must be reported as required by s. 1006.09(6).
  171  Within 24 hours after receipt of the report, the principal or
  172  his or her designee shall provide a copy of the report to the
  173  parent of the alleged offender and to the superintendent. Upon
  174  conclusion of the investigation or within 15 days after the
  175  incident was reported, whichever occurs first, the school
  176  district shall notify the parent of the program and offer the
  177  parent an opportunity to enroll his or her student in another
  178  public school that has capacity or to request and receive a
  179  scholarship to attend an eligible private school, subject to
  180  available funding. The school district shall provide such notice
  181  and offer regardless of the outcome of any investigation.
  182         (b)A parent of a student who is eligible pursuant to
  183  paragraph (3)(a) may, at any time after the submission of the
  184  report, apply directly to an organization participating in the
  185  scholarship program for a scholarship. The parent must include a
  186  copy of the submitted report with the application.
  187         (c) A parent who chooses to enroll his or her student in a
  188  public school located outside the district in which the student
  189  resides pursuant to s. 1002.31 shall be eligible for a
  190  scholarship to transport the student as provided in paragraph
  191  (12)(b) (11)(b).
  192         (d)(b) For each student participating in the program in an
  193  eligible private school who chooses to participate in the
  194  statewide assessments under s. 1008.22 or the Florida Alternate
  195  Assessment, the school district in which the student resides
  196  must notify the student and his or her parent about the
  197  locations and times to take all statewide assessments.
  198         (e)Each school district shall publish information about
  199  the program on the district’s website homepage. At a minimum,
  200  the published information must include a website link to the
  201  program published on the Department of Education website as well
  202  as a telephone number and an e-mail address that students and
  203  parents may use to contact relevant personnel in the school
  204  district to obtain information about the scholarship program.
  205         (8)(7) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An
  206  eligible private school may be sectarian or nonsectarian and
  207  shall:
  208         (a) Comply with all requirements for private schools
  209  participating in state school choice scholarship programs
  210  pursuant to this section and s. 1002.421.
  211         (b)1. Annually administer or make provision for students
  212  participating in the program in grades 3 through 10 to take one
  213  of the nationally norm-referenced tests identified by the
  214  department or the statewide assessments pursuant to s. 1008.22.
  215  Students with disabilities for whom standardized testing is not
  216  appropriate are exempt from this requirement. A participating
  217  private school shall report a student’s scores to his or her
  218  parent.
  219         2. Administer the statewide assessments pursuant to s.
  220  1008.22 if a private school chooses to offer the statewide
  221  assessments. A participating private school may choose to offer
  222  and administer the statewide assessments to all students who
  223  attend the private school in grades 3 through 10 and must submit
  224  a request in writing to the department by March 1 of each year
  225  in order to administer the statewide assessments in the
  226  subsequent school year.
  227  
  228  If a private school fails to meet the requirements of this
  229  subsection or s. 1002.421, the commissioner may determine that
  230  the private school is ineligible to participate in the program.
  231         (9)(8) DEPARTMENT OF EDUCATION OBLIGATIONS.—
  232         (a) The department shall:
  233         1.(a) Cross-check the list of participating scholarship
  234  students with the public school enrollment lists to avoid
  235  duplication.
  236         2.(b) Maintain a list of nationally norm-referenced tests
  237  identified for purposes of satisfying the testing requirement in
  238  paragraph (10)(g) (9)(f). The tests must meet industry standards
  239  of quality in accordance with State Board of Education rule.
  240         3.(c) Require quarterly reports by an eligible nonprofit
  241  scholarship-funding organization regarding the number of
  242  students participating in the program, the private schools in
  243  which the students are enrolled, the program award amount per
  244  student, the total expenditures for the purposes specified in
  245  subsection (4), and other information deemed necessary by the
  246  department.
  247         4.(d) Contract with an independent entity to provide an
  248  annual evaluation of the program by:
  249         a.1. Reviewing the school bullying prevention education
  250  program, climate, and code of student conduct of each public
  251  school from which 10 or more students transferred to another
  252  public school or private school using the Hope scholarship to
  253  determine areas in the school or school district procedures
  254  involving reporting, investigating, and communicating a parent’s
  255  and student’s rights that are in need of improvement. At a
  256  minimum, the review must include:
  257         (I)a. An assessment of the investigation time and quality
  258  of the response of the school and the school district.
  259         (II)b. An assessment of the effectiveness of communication
  260  procedures with the students involved in an incident, the
  261  students’ parents, and the school and school district personnel.
  262         (III)c. An analysis of school incident and discipline data.
  263         (IV)d. The challenges and obstacles relating to
  264  implementing recommendations from the review.
  265         b.2. Reviewing the school bullying prevention education
  266  program, climate, and code of student conduct of each public
  267  school to which a student transferred if the student was from a
  268  school identified in subparagraph 1. in order to identify best
  269  practices and make recommendations to a public school at which
  270  the incidents occurred.
  271         c.3. Reviewing the performance of participating students
  272  enrolled in a private school in which at least 51 percent of the
  273  total enrolled students in the prior school year participated in
  274  the program and in which there are at least 10 participating
  275  students who have scores for tests administered.
  276         d.4. Surveying the parents of participating students to
  277  determine academic, safety, and school climate satisfaction and
  278  to identify any challenges to or obstacles in addressing the
  279  incident or relating to the use of the scholarship.
  280         5.Publish and update, as necessary, information on the
  281  department website about the program, including, but not limited
  282  to, student eligibility criteria, parental responsibilities, and
  283  relevant data.
  284         6.Deny or terminate program participation upon a parent’s
  285  failure to comply with subsection (10).
  286         7.Notify the parent and the organization when a
  287  scholarship account is closed and program funds revert to the
  288  organization.
  289         8.Require each organization to verify eligible
  290  expenditures before the distribution of funds for any
  291  expenditures made pursuant to subparagraphs (4)(a)1. and 2.
  292  Review of expenditures made for services specified in
  293  subparagraphs (4)(a)3., 4., and 5. may be completed after the
  294  purchase is made.
  295         9.Investigate any written complaint of a violation of this
  296  section by a parent, a student, a private school, a public
  297  school, a school district, an organization, or another
  298  appropriate party in accordance with the process established
  299  under s. 1002.421.
  300         (b)At the direction of the commissioner, the department
  301  may:
  302         1. Suspend or revoke the program participation or use of
  303  program funds by the student or the participation or eligibility
  304  of an organization, eligible private school, or other party for
  305  a violation of this section.
  306         2. Determine the length of, and conditions for lifting, a
  307  suspension or revocation specified in this paragraph.
  308         3. Recover unexpended program funds to recover program
  309  funds that were not authorized for use. Funds recovered in this
  310  manner must be returned to the organization.
  311  
  312  In determining whether to suspend or revoke participation or to
  313  lift a suspension or revocation in accordance with this
  314  paragraph, the department may consider factors that include, but
  315  are not limited to, acts or omissions that led to a previous
  316  suspension or revocation of participation in a state or federal
  317  program or an education scholarship program; failure to
  318  reimburse the organization for funds improperly received or
  319  retained; failure to reimburse government funds improperly
  320  received or retained; imposition of a prior criminal sanction
  321  related to the person or entity or its officers or employees;
  322  imposition of a civil fine or an administrative fine, license
  323  revocation or suspension, or program eligibility suspension,
  324  termination, or revocation related to a person’s or an entity’s
  325  management or operation; or other types of criminal proceedings
  326  in which the person or entity or its officers or employees were
  327  found guilty of, regardless of adjudication, or entered a plea
  328  of nolo contendere or guilty to, any offense involving fraud,
  329  deceit, dishonesty, or moral turpitude.
  330         (10)(9) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
  331  PARTICIPATION.—A parent who applies for a Hope scholarship is
  332  exercising his or her parental option to place his or her
  333  student in an eligible private school or another public school.
  334         (a) The parent must select an eligible private school or
  335  another public school and apply for the admission of his or her
  336  student.
  337         (b) The parent must inform the student’s school district
  338  when the parent withdraws his or her student to attend an
  339  eligible private school or a public school in a different school
  340  district.
  341         (c) Any student participating in the program must remain in
  342  attendance throughout the school year unless excused by the
  343  school for illness or other good cause.
  344         (d) Each parent and each student has an obligation to the
  345  private school to comply with such school’s published policies.
  346         (e) Upon reasonable notice to the department and the school
  347  district, the parent may remove the student from the private
  348  school and place the student in a public school in accordance
  349  with this section.
  350         (f) Upon reasonable notice to the organization, the
  351  student’s parent may move the student from one eligible private
  352  school to another eligible private school.
  353         (g) The parent must ensure that the student participating
  354  in the program takes the norm-referenced assessment offered by
  355  the private school. The parent may also choose to have the
  356  student participate in the statewide assessments pursuant to s.
  357  1008.22. If the parent requests that the student take the
  358  statewide assessments pursuant to s. 1008.22 and the private
  359  school has not chosen to offer and administer the statewide
  360  assessments, the parent is responsible for transporting the
  361  student to the assessment site designated by the school
  362  district.
  363         (h)(g)Upon receipt of a scholarship warrant, the parent to
  364  whom the warrant is made must restrictively endorse the warrant
  365  to the private school for deposit into the account of such
  366  school. If payment is made by funds transfer in accordance with
  367  paragraph (12)(d) (11)(d), the parent must approve each payment
  368  before the scholarship funds may be deposited. The parent may
  369  not designate any entity or individual associated with the
  370  participating private school as the parent’s attorney in fact to
  371  endorse a scholarship warrant or approve a funds transfer. A
  372  parent who fails to comply with this paragraph forfeits the
  373  scholarship.
  374         (i)The parent must renew participation in the program each
  375  year. A student whose participation in the program is not
  376  renewed may continue to spend scholarship funds in his or her
  377  account from prior years unless the account must be closed
  378  pursuant to paragraph (6)(c).
  379         (j)The parent is responsible for making authorized uses of
  380  program funds and for all authorized uses of program funds in
  381  excess of the amount of the scholarship. If a parent does not
  382  make authorized uses of program funds for the student, and the
  383  student’s account has been inactive for 2 consecutive fiscal
  384  years, the student is ineligible for additional scholarship
  385  payments until the organization verifies that expenditures from
  386  the account have occurred.
  387         (k)The parent must sign an agreement with the organization
  388  and annually submit a sworn compliance statement to the
  389  organization to satisfy or maintain program eligibility,
  390  including eligibility to receive and spend program payments, by
  391  affirming that:
  392         1.The student is enrolled in and in good standing with an
  393  eligible private school or a public school.
  394         2.The student remains in attendance throughout the school
  395  year unless excused by the school for illness or other good
  396  cause.
  397         3.Program funds are used only for authorized uses as
  398  described in subsection (4); that any prepaid college plan or
  399  college savings plan funds contributed will not be transferred
  400  to another beneficiary while the plan contains funds contributed
  401  pursuant to this section; and that the parent will not receive a
  402  payment, refund, or rebate of any funds provided under this
  403  section.
  404         (l)A participant who fails to comply with this subsection
  405  forfeits the scholarship.
  406         (11)(10) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP
  407  FUNDING ORGANIZATIONS.—An eligible nonprofit scholarship-funding
  408  organization may establish scholarships for eligible students
  409  by:
  410         (a) Receiving applications and determining student
  411  eligibility in accordance with the requirements of this section.
  412         (b) Notifying parents of their receipt of a scholarship on
  413  a first-come, first-served basis, based upon available funds.
  414         (c) Establishing a date by which the parent of a
  415  participating student must confirm continuing participation in
  416  the program.
  417         (d) Awarding scholarship funds to eligible students, giving
  418  priority to renewing students from the previous year.
  419         (e) Preparing and submitting quarterly reports to the
  420  department pursuant to paragraph (9)(a)3 (8)(c). In addition, an
  421  eligible nonprofit scholarship-funding organization must submit
  422  in a timely manner any information requested by the department
  423  relating to the program.
  424         (f) Establishing and maintaining separate accounts for each
  425  eligible student. For each account, the organization shall
  426  maintain a record of accrued interest that is retained in the
  427  student’s account and available only for authorized uses of
  428  program funds.
  429         (g)Verifying that scholarship funds are used for the
  430  authorized purposes described in subsection (4).
  431         (h)Documenting each scholarship student’s eligibility for
  432  a fiscal year before granting a scholarship for that fiscal
  433  year. A student is ineligible for a scholarship if the student’s
  434  account has been inactive for 2 consecutive fiscal years.
  435         (i) Notifying the department of any violation of this
  436  section.
  437         (12)(11) FUNDING AND PAYMENT.—
  438         (a) For students initially eligible in the 2019-2020 school
  439  year or thereafter, The calculated amount for a student to
  440  attend an eligible private school shall be calculated in
  441  accordance with s. 1002.394(12)(a).
  442         (b) The maximum amount awarded to a student enrolled in a
  443  public school located outside of the district in which the
  444  student resides shall be $750.
  445         (c) When a student enters the program, the eligible
  446  nonprofit scholarship-funding organization must receive all
  447  documentation required for the student’s participation,
  448  including, if applicable, a copy of the report of the incident
  449  received pursuant to subsection (7) (6) and the private school’s
  450  and student’s fee schedules. The initial payment shall be made
  451  after verification of admission acceptance, and subsequent
  452  payments shall be made upon verification of continued enrollment
  453  and attendance at the private school.
  454         (d) Payment of the scholarship by the eligible nonprofit
  455  scholarship-funding organization may be deposited into the
  456  student’s account established by the organization by individual
  457  warrant made payable to the student’s parent or by funds
  458  transfer, including, but not limited to, debit cards, electronic
  459  payment cards, or any other means of payment that the department
  460  deems to be commercially viable or cost-effective. Accrued
  461  interest in the student’s account is in addition to, and not
  462  part of, the awarded funds. Program funds include both the
  463  awarded funds and accrued interest If payment is made by
  464  warrant, the warrant must be delivered by the eligible nonprofit
  465  scholarship-funding organization to the private school of the
  466  parent’s choice, and the parent shall restrictively endorse the
  467  warrant to the private school. If payments are made by funds
  468  transfer, the parent must approve each payment before the
  469  scholarship funds may be deposited. The parent may not designate
  470  any entity or individual associated with the participating
  471  private school as the parent’s attorney in fact to endorse a
  472  scholarship warrant or approve a funds transfer. A student’s
  473  scholarship award may not be reduced for debit card or
  474  electronic payment fees.
  475         (e) An eligible nonprofit scholarship-funding organization
  476  shall obtain verification from the private school of a student’s
  477  continued attendance at the school for each period covered by a
  478  scholarship payment.
  479         (f) Payment of the scholarship shall be made by the
  480  eligible nonprofit scholarship-funding organization no less
  481  frequently than on a quarterly basis.
  482         (g) An eligible nonprofit scholarship-funding organization,
  483  subject to the limitations of s. 1002.395(6)(j)1., may use
  484  eligible contributions received during the state fiscal year in
  485  which such contributions are collected for administrative
  486  expenses.
  487         (h) Moneys received pursuant to this section do not
  488  constitute taxable income to the qualified student or his or her
  489  parent.
  490         (i) Notwithstanding s. 1002.395(6)(j)2., no more than 5
  491  percent of net eligible contributions may be carried forward to
  492  the following state fiscal year by an eligible scholarship
  493  funding organization. For audit purposes, all amounts carried
  494  forward must be specifically identified for individual students
  495  by student name and by the name of the school to which the
  496  student is admitted, subject to the requirements of ss. 1002.21
  497  and 1002.22 and 20 U.S.C. s. 1232g, and the applicable rules and
  498  regulations issued pursuant to such requirements. Any amounts
  499  carried forward shall be expended for annual scholarships or
  500  partial-year scholarships in the following state fiscal year.
  501  Net eligible contributions remaining on June 30 of each year
  502  which are in excess of the 5 percent that may be carried forward
  503  shall be transferred to other eligible nonprofit scholarship
  504  funding organizations participating in the Hope Scholarship
  505  Program to provide scholarships for eligible students. All
  506  transferred funds must be deposited by each eligible nonprofit
  507  scholarship-funding organization receiving such funds into the
  508  scholarship account of eligible students. All transferred
  509  amounts received by an eligible nonprofit scholarship-funding
  510  organization must be separately disclosed in the annual
  511  financial audit requirement under s. 1002.395(6)(m). If no other
  512  eligible nonprofit scholarship-funding organization participates
  513  in the Hope Scholarship Program, net eligible contributions in
  514  excess of the 5 percent may be used to fund scholarships for
  515  students eligible under s. 1002.395 only after fully exhausting
  516  all contributions made in support of scholarships under that
  517  section in accordance with the priority established in s.
  518  1002.395(6)(e) before prior to awarding any initial
  519  scholarships.
  520         (13)(12) OBLIGATIONS OF THE AUDITOR GENERAL.—
  521         (a) The Auditor General shall conduct an annual operational
  522  audit of accounts and records of each organization that
  523  participates in the program. As part of this audit, the Auditor
  524  General shall verify, at a minimum, the total number of students
  525  served and transmit that information to the department. The
  526  Auditor General shall provide the commissioner with a copy of
  527  each annual operational audit performed pursuant to this
  528  paragraph within 10 days after the audit is finalized.
  529         (b) The Auditor General shall notify the department of any
  530  organization that fails to comply with a request for
  531  information.
  532         (14)(13) SCHOLARSHIP FUNDING TAX CREDITS.—
  533         (a) A tax credit is available under s. 212.1832(1) for use
  534  by a person that makes an eligible contribution. Eligible
  535  contributions shall be used to fund scholarships under this
  536  section and may be used to fund scholarships under s. 1002.395.
  537  Each eligible contribution is limited to a single payment of
  538  $105 per motor vehicle purchased at the time of purchase of a
  539  motor vehicle or a single payment of $105 per motor vehicle
  540  purchased at the time of registration of a motor vehicle that
  541  was not purchased from a dealer, except that a contribution may
  542  not exceed the state tax imposed under chapter 212 that would
  543  otherwise be collected from the purchaser by a dealer,
  544  designated agent, or private tag agent. Payments of
  545  contributions shall be made to a dealer at the time of purchase
  546  of a motor vehicle or to a designated agent or private tag agent
  547  at the time of registration of a motor vehicle that was not
  548  purchased from a dealer. An eligible contribution shall be
  549  accompanied by a contribution election form provided by the
  550  Department of Revenue. The form shall include, at a minimum, the
  551  following brief description of the Hope Scholarship Program and
  552  the Florida Tax Credit Scholarship Program: “THE HOPE
  553  SCHOLARSHIP PROGRAM PROVIDES A PUBLIC SCHOOL STUDENT WHO WAS
  554  SUBJECTED TO AN INCIDENT OF VIOLENCE OR BULLYING AT SCHOOL OR
  555  WHO ATTENDS A SCHOOL OVERSEEN BY A DISTRICT SCHOOL BOARD THAT IS
  556  SUBJECT TO ONGOING ACTION BY THE STATE BOARD OF EDUCATION THE
  557  OPPORTUNITY TO APPLY FOR A SCHOLARSHIP TO ATTEND AN ELIGIBLE
  558  PRIVATE SCHOOL RATHER THAN REMAIN IN AN UNSAFE SCHOOL
  559  ENVIRONMENT. THE FLORIDA TAX CREDIT SCHOLARSHIP PROGRAM PROVIDES
  560  A LOW-INCOME STUDENT THE OPPORTUNITY TO APPLY FOR A SCHOLARSHIP
  561  TO ATTEND AN ELIGIBLE PRIVATE SCHOOL.” The form shall also
  562  include, at a minimum, a section allowing the consumer to
  563  designate, from all participating scholarship funding
  564  organizations, which organization will receive his or her
  565  donation. For purposes of this subsection, the term “purchase”
  566  does not include the lease or rental of a motor vehicle.
  567         (b) A dealer, designated agent, or private tag agent shall:
  568         1. Provide the purchaser the contribution election form, as
  569  provided by the Department of Revenue, at the time of purchase
  570  of a motor vehicle or at the time of registration of a motor
  571  vehicle that was not purchased from a dealer.
  572         2. Collect eligible contributions.
  573         3. Using a form provided by the Department of Revenue,
  574  which shall include the dealer’s or agent’s federal employer
  575  identification number, remit to an organization no later than
  576  the date the return filed pursuant to s. 212.11 is due the total
  577  amount of contributions made to that organization and collected
  578  during the preceding reporting period. Using the same form, the
  579  dealer or agent shall also report this information to the
  580  Department of Revenue no later than the date the return filed
  581  pursuant to s. 212.11 is due.
  582         4. Report to the Department of Revenue on each return filed
  583  pursuant to s. 212.11 the total amount of credits granted under
  584  s. 212.1832 for the preceding reporting period.
  585         (c) An organization shall report to the Department of
  586  Revenue, on or before the 20th day of each month, the total
  587  amount of contributions received pursuant to paragraph (b) in
  588  the preceding calendar month on a form provided by the
  589  Department of Revenue. Such report shall include:
  590         1. The federal employer identification number of each
  591  designated agent, private tag agent, or dealer who remitted
  592  contributions to the organization during that reporting period.
  593         2. The amount of contributions received from each
  594  designated agent, private tag agent, or dealer during that
  595  reporting period.
  596         (d) A person who, with the intent to unlawfully deprive or
  597  defraud the program of its moneys or the use or benefit thereof,
  598  fails to remit a contribution collected under this section is
  599  guilty of theft, punishable as follows:
  600         1. If the total amount stolen is less than $300, the
  601  offense is a misdemeanor of the second degree, punishable as
  602  provided in s. 775.082 or s. 775.083. Upon a second conviction,
  603  the offender is guilty of a misdemeanor of the first degree,
  604  punishable as provided in s. 775.082 or s. 775.083. Upon a third
  605  or subsequent conviction, the offender is guilty of a felony of
  606  the third degree, punishable as provided in s. 775.082, s.
  607  775.083, or s. 775.084.
  608         2. If the total amount stolen is $300 or more, but less
  609  than $20,000, the offense is a felony of the third degree,
  610  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  611         3. If the total amount stolen is $20,000 or more, but less
  612  than $100,000, the offense is a felony of the second degree,
  613  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  614         4. If the total amount stolen is $100,000 or more, the
  615  offense is a felony of the first degree, punishable as provided
  616  in s. 775.082, s. 775.083, or s. 775.084.
  617         (e) A person convicted of an offense under paragraph (d)
  618  shall be ordered by the sentencing judge to make restitution to
  619  the organization in the amount that was stolen from the program.
  620         (f) Upon a finding that a dealer failed to remit a
  621  contribution under subparagraph (b)3. for which the dealer
  622  claimed a credit pursuant to s. 212.1832(2), the Department of
  623  Revenue shall notify the affected organizations of the dealer’s
  624  name, address, federal employer identification number, and
  625  information related to differences between credits taken by the
  626  dealer pursuant to s. 212.1832(2) and amounts remitted to the
  627  eligible nonprofit scholarship-funding organization under
  628  subparagraph (b)3.
  629         (g) Any dealer, designated agent, private tag agent, or
  630  organization that fails to timely submit reports to the
  631  Department of Revenue as required in paragraphs (b) and (c) is
  632  subject to a penalty of $1,000 for every month, or part thereof,
  633  the report is not provided, up to a maximum amount of $10,000.
  634  Such penalty shall be collected by the Department of Revenue and
  635  shall be transferred into the General Revenue Fund. Such penalty
  636  must be settled or compromised if it is determined by the
  637  Department of Revenue that the noncompliance is due to
  638  reasonable cause and not due to willful negligence, willful
  639  neglect, or fraud.
  640         (15)(14) LIABILITY.—The state is not liable for the award
  641  of or any use of awarded funds under this section.
  642         (16)(15) SCOPE OF AUTHORITY.—This section does not expand
  643  the regulatory authority of this state, its officers, or any
  644  school district to impose additional regulation on participating
  645  private schools beyond those reasonably necessary to enforce
  646  requirements expressly set forth in this section.
  647         (17)(16) RULES.—The State Board of Education shall adopt
  648  rules to administer this section, except the Department of
  649  Revenue shall adopt rules to administer subsection (14) (13).
  650         Section 2. Paragraph (a) of subsection (22) of section
  651  213.053, Florida Statutes, is amended to read:
  652         213.053 Confidentiality and information sharing.—
  653         (22)(a) The department may provide to an eligible nonprofit
  654  scholarship-funding organization, as defined in s. 1002.40, a
  655  dealer’s name, address, federal employer identification number,
  656  and information related to differences between credits taken by
  657  the dealer pursuant to s. 212.1832(2) and amounts remitted to
  658  the eligible nonprofit scholarship-funding organization under s.
  659  1002.40(14)(b)3 s. 1002.40(13)(b)3. The eligible nonprofit
  660  scholarship-funding organization may use the information for
  661  purposes of recovering eligible contributions designated for
  662  that organization that were collected by the dealer but never
  663  remitted to the organization.
  664         Section 3. Paragraph (a) of subsection (12) of section
  665  1002.394, Florida Statutes, is amended to read:
  666         1002.394 The Family Empowerment Scholarship Program.—
  667         (12) SCHOLARSHIP FUNDING AND PAYMENT.—
  668         (a)1. Scholarships for students determined eligible
  669  pursuant to paragraph (3)(a) are established for up to 18,000
  670  students annually beginning in the 2019-2020 school year.
  671  Beginning in the 2020-2021 school year, the maximum number of
  672  students participating in the scholarship program under this
  673  section shall annually increase by 1.0 percent of the state’s
  674  total public school student enrollment. An eligible student who
  675  meets any of the following requirements shall be excluded from
  676  the maximum number of students if the student:
  677         a. Received a scholarship pursuant to s. 1002.395 during
  678  the previous school year but did not receive a renewal
  679  scholarship based solely on the eligible nonprofit scholarship
  680  funding organization’s lack of available funds after the
  681  organization fully exhausted its efforts to use funds available
  682  for awards under ss. 1002.395 and 1002.40(12)(i) ss. 1002.395
  683  and 1002.40(11)(i). Eligible nonprofit scholarship-funding
  684  organizations with students who meet the criterion in this
  685  subparagraph must annually notify the department in a format and
  686  by a date established by the department. The maximum number of
  687  scholarships awarded pursuant to this subparagraph may shall not
  688  exceed 15,000 per school year;
  689         b. Is a dependent child of a member of the United States
  690  Armed Forces, a foster child, or an adopted child; or
  691         c. Is determined eligible pursuant to subparagraph (3)(a)1.
  692  or subparagraph (3)(a)2. and either spent the prior school year
  693  in attendance at a Florida public school or, beginning in the
  694  2022-2023 school year, is eligible to enroll in kindergarten.
  695  For purposes of this subparagraph, the term “prior school year
  696  in attendance” means that the student was enrolled and reported
  697  by a school district for funding during either the preceding
  698  October or February Florida Education Finance Program surveys in
  699  kindergarten through grade 12, which includes time spent in a
  700  Department of Juvenile Justice commitment program if funded
  701  under the Florida Education Finance Program.
  702         2. The scholarship amount provided to a student for any
  703  single school year shall be for tuition and fees for an eligible
  704  private school, not to exceed annual limits, which shall be
  705  determined in accordance with this subparagraph. The calculated
  706  amount for a participating student shall be based upon the grade
  707  level and school district in which the student was assigned as
  708  100 percent of the funds per unweighted full-time equivalent in
  709  the Florida Education Finance Program for a student in the basic
  710  program established pursuant to s. 1011.62(1)(c)1., plus a per
  711  full-time equivalent share of funds for all categorical
  712  programs, except for the Exceptional Student Education
  713  Guaranteed Allocation.
  714         3. The amount of the scholarship shall be the calculated
  715  amount or the amount of the private school’s tuition and fees,
  716  whichever is less. The amount of any assessment fee required by
  717  the participating private school and any costs to provide a
  718  digital device, including Internet access, if necessary, to the
  719  student may be paid from the total amount of the scholarship.
  720         4. A scholarship of $750 may be awarded to a student who is
  721  determined eligible pursuant to subparagraph (3)(a)1. or
  722  subparagraph (3)(a)2. and enrolled in a Florida public school
  723  that is different from the school to which the student was
  724  assigned or in a lab school as defined in s. 1002.32 if the
  725  school district does not provide the student with transportation
  726  to the school.
  727         5. Upon notification from the organization on July 1,
  728  September 1, December 1, and February 1 that an application has
  729  been approved for the program, the department shall verify that
  730  the student is not prohibited from receiving a scholarship
  731  pursuant to subsection (6). The organization must provide the
  732  department with the documentation necessary to verify the
  733  student’s participation. Upon verification, the department shall
  734  transfer, from state funds only, the amount calculated pursuant
  735  to subparagraph 2. to the organization for quarterly
  736  disbursement to parents of participating students each school
  737  year in which the scholarship is in force. For a student exiting
  738  a Department of Juvenile Justice commitment program who chooses
  739  to participate in the scholarship program, the amount of the
  740  Family Empowerment Scholarship calculated pursuant to
  741  subparagraph 2. must be transferred from the school district in
  742  which the student last attended a public school before
  743  commitment to the Department of Juvenile Justice. When a student
  744  enters the scholarship program, the organization must receive
  745  all documentation required for the student’s participation,
  746  including the private school’s and the student’s fee schedules,
  747  at least 30 days before the first quarterly scholarship payment
  748  is made for the student.
  749         6. The initial payment shall be made after the
  750  organization’s verification of admission acceptance, and
  751  subsequent payments shall be made upon verification of continued
  752  enrollment and attendance at the private school. Payment must be
  753  by individual warrant made payable to the student’s parent or by
  754  funds transfer or any other means of payment that the department
  755  deems to be commercially viable or cost-effective. If the
  756  payment is made by warrant, the warrant must be delivered by the
  757  organization to the private school of the parent’s choice, and
  758  the parent shall restrictively endorse the warrant to the
  759  private school. An organization shall ensure that the parent to
  760  whom the warrant is made has restrictively endorsed the warrant
  761  to the private school for deposit into the account of the
  762  private school or that the parent has approved a funds transfer
  763  before any scholarship funds are deposited.
  764         Section 4. Paragraphs (e) and (f) of subsection (6) of
  765  section 1002.395, Florida Statutes, are amended to read:
  766         1002.395 Florida Tax Credit Scholarship Program.—
  767         (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
  768  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
  769  organization:
  770         (e) Must give first priority to eligible renewal students
  771  who received a scholarship from an eligible nonprofit
  772  scholarship-funding organization or from the State of Florida
  773  during the previous school year. The eligible nonprofit
  774  scholarship-funding organization must fully apply and exhaust
  775  all funds available under this section and s. 1002.40(12)(i) s.
  776  1002.40(11)(i) for renewal scholarship awards before awarding
  777  any initial scholarships.
  778         (f) Must provide a renewal or initial scholarship to an
  779  eligible student on a first-come, first-served basis unless the
  780  student qualifies for priority pursuant to paragraph (e). Each
  781  eligible nonprofit scholarship-funding organization must refer
  782  any student eligible for a scholarship pursuant to this section
  783  who did not receive a renewal or initial scholarship based
  784  solely on the lack of available funds under this section and s.
  785  1002.40(12)(i) s. 1002.40(11)(i) to another eligible nonprofit
  786  scholarship-funding organization that may have funds available.
  787  
  788  Information and documentation provided to the Department of
  789  Education and the Auditor General relating to the identity of a
  790  taxpayer that provides an eligible contribution under this
  791  section shall remain confidential at all times in accordance
  792  with s. 213.053.
  793         Section 5. This act shall take effect July 1, 2022.