Unclear whether Jose Martí Scholarship Program will formally be ended, amended, or simply left dormant
A Florida college scholarship program that only benefits Hispanic-American students was recently deemed illegal by the state’s attorney general, but officials have remained silent on the fate of the program moving forward.
Administered through the state Department of Education, the 20-year-old José Martí Scholarship Challenge Grant Program required recipients be Hispanic-American.
Florida Attorney General James Uthmeier in mid-January issued a legal opinion declaring more than 80 state laws unconstitutional for promoting racial discrimination through quotas or preferences, including the Martí program.
“Any laws requiring race-based state action are presumptively unconstitutional under the Fourteenth Amendment’s Equal Protection Clause” as well as the state’s constitution, he wrote.
Released on Martin Luther King Jr. Day, the 14-page memo also cites the U.S. Supreme Court’s 2023 ruling in Students for Fair Admissions, which outlawed race-based admissions.
Uthmeier’s declaration came after Gov. Ron DeSantis in June vetoed the full $124,000 appropriation for fiscal year 2025-26 for the Martí program, effectively defunding the program before Uthmeier’s opinion came out.
With state funding eliminated and the enabling statute now deemed illegal by the attorney general’s office, the college scholarship program’s future seems bleak. What remains unclear is whether the Jose Martí Scholarship Program will formally be ended, amended, or simply left dormant.
The Florida Department of Education and the Attorney General’s office did not respond to multiple requests for comment over the last several weeks by The Fix.
Established in 1986 by state law, the program was created to provide financial assistance to Hispanic-American students who demonstrate academic achievement and financial need. The program is named after Cuban writer and independence leader José Martí.
It provides aid up to $2,000 annually to eligible Hispanic-American students who attend Florida postsecondary institutions. Applicants must be Florida residents, U.S. citizens, meet general aid requirements, enroll full-time, and maintain a 3.0 GPA.
Funding combines state appropriations from the General Revenue Fund with private matching contributions deposited into the State Student Financial Assistance Trust Fund. Those with the greatest financial needs receive priority.
The program has historically supported numerous students. In 2023-24, it distributed $107,000 to 58 recipients, averaging $1,845 per award.
Democratic lawmakers, including Black caucus members like Rep. Fentrice Driskell and Sen. LaVon Bracy, condemned the attorney general’s memo as an “attack” on people of color and a “direct threat.” Critics argue it dismantles decades of bipartisan efforts to address disparities, while supporters view it as advancing colorblind equality.
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