April 17, 2014
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       ENROLLED
       2009 Legislature            CS for CS for SB 1696, 1st Engrossed
       
       
       
       
       
       
                                                             20091696er
    1  
    2         An act relating to education; amending s. 413.30,
    3         F.S.; providing requirements of the Division of
    4         Vocational Rehabilitation for the provision of vehicle
    5         modifications for eligible persons; amending s.
    6         1001.64, F.S.; prohibiting a community college board
    7         of trustees from entering into an employment contract
    8         that requires the community college to pay the
    9         president an amount from state funds in excess of 1
   10         year of the president’s annual salary for termination,
   11         buy-out, or any other type of contract settlement;
   12         providing that the payment of leave and benefits
   13         accrued by the president before the contract
   14         terminates is not prohibited; amending s. 1001.706,
   15         F.S.; prohibiting the Board of Governors from entering
   16         into an employment contract that requires the board to
   17         pay an employee an amount from state funds in excess
   18         of 1 year of the employee’s annual salary for
   19         termination, buy-out, or any other type of contract
   20         settlement; providing that the payment of leave and
   21         benefits accrued by the employee before the contract
   22         terminates is not prohibited; amending s. 1001.74,
   23         F.S.; prohibiting a university board of trustees from
   24         entering into an employment contract that requires the
   25         university to pay an employee an amount from state
   26         funds in excess of 1 year of the employee’s annual
   27         salary for termination, buy-out, or any other type of
   28         contract settlement; providing that the payment of
   29         leave and benefits accrued by the employee before the
   30         contract terminates is not prohibited; amending s.
   31         1004.445, F.S.; revising provisions relating to the
   32         Johnnie B. Byrd, Sr., Alzheimer’s Center and Research
   33         Institute; establishing the institute within the
   34         University of South Florida; providing a mission for
   35         the institute; creating a board of directors to
   36         oversee the management and operation of the institute;
   37         providing for membership and terms; providing for the
   38         transfer of unexpended balances, records, functions,
   39         facilities, and assets of the institute from the not
   40         for-profit corporation to the University of South
   41         Florida; amending s. 1009.21, F.S.; revising
   42         definitions; defining the terms “initial enrollment”
   43         and “nonresident for tuition purposes”; revising
   44         provisions relating to the qualifications as a
   45         resident for tuition purposes; requiring certain
   46         documentation to demonstrate state residency;
   47         providing eligibility requirements for
   48         reclassification of status; requiring institutions to
   49         establish residency appeal committees; amending s.
   50         1009.23, F.S.; deleting the requirement that a
   51         community college board of trustees use a specified
   52         portion of tuition and fees for safety and security
   53         purposes; revising terminology; amending s. 1009.24,
   54         F.S.; revising maximum annual adjustments to out-of
   55         state fees or tuition for graduate programs at state
   56         universities; revising provisions relating to the
   57         differential out-of-state fee; amending s. 1009.27,
   58         F.S.; revising provisions relating to deferment of
   59         fees for certain veterans; creating s. 1009.286, F.S.;
   60         providing requirements for additional payment by state
   61         university students for certain credit hours exceeding
   62         degree program completion requirements; providing
   63         criteria for calculating credit hours; providing
   64         exceptions; requiring state universities and community
   65         colleges to implement a process for notifying students
   66         of certain information; amending s. 1009.40, F.S.;
   67         deleting a cross-reference to conform; amending s.
   68         1009.53, F.S., relating to the Florida Bright Futures
   69         Scholarship Program; revising provisions relating to a
   70         refund to the Department of Education of funds
   71         received by a postsecondary educational institutions
   72         for certain courses; prohibiting the use of funds for
   73         certain purposes; requiring that the Department of
   74         Education and institutions notify eligible recipients
   75         of such policies; amending s. 1009.532, F.S.; revising
   76         the requirements for student eligibility to renew a
   77         scholarship under the Florida Bright Futures
   78         Scholarship Program; providing criteria for such
   79         student to restore the award; requiring that the
   80         department and institutions notify eligible recipients
   81         of such policies; amending s. 1009.534, F.S.; revising
   82         provisions relating to the Florida Academic Scholars
   83         Award; providing for award amounts to be specified in
   84         the General Appropriations Act; amending s. 1009.535,
   85         F.S., relating to the Florida Medallion Scholars
   86         Award; providing for award amounts to be specified in
   87         the General Appropriations Act; amending s. 1009.536,
   88         F.S.; deleting a provision that allows a Florida Gold
   89         Seal Scholar to apply for a Florida Medallion Scholars
   90         award; providing for award amounts to be specified in
   91         the General Appropriations Act; amending s. 1009.54,
   92         F.S.; revising provisions relating to the Critical
   93         Teacher Shortage program; amending s. 1009.55, F.S.;
   94         revising eligibility for the Rosewood Family
   95         Scholarship Program to direct descendants; deleting
   96         obsolete language; amending ss. 1009.57, 1009.58,
   97         1009.59, 1009.60, and 1009.605, F.S.; revising
   98         provisions relating to the Florida Teacher Scholarship
   99         and Forgivable Loan Program, the Critical Teacher
  100         Shortage Student Loan Forgiveness Program, the
  101         minority teacher education scholars program, and the
  102         Florida Fund for Minority Teachers, Inc.; requiring
  103         that the amount of scholarships awarded under such
  104         programs be prorated based on available appropriations
  105         and not exceed specified amounts; amending s.
  106         1009.701, F.S.; requiring that an applicant under the
  107         First Generation Matching Grant Program meet the same
  108         eligibility requirements required under the Florida
  109         Public Student Assistance Grant Program; repealing ss.
  110         1009.76 and 1009.765, F.S., relating to Ethics in
  111         Business scholarships; amending s. 1009.94, F.S.;
  112         providing reporting requirements for postsecondary
  113         institutions participating in certain state student
  114         financial assistance programs; amending s. 1009.98,
  115         F.S.; revising provisions relating to the prepaid
  116         community college and university plans; authorizing
  117         the Florida Prepaid College Board to offer an advance
  118         payment contract covering certain fees for such plans;
  119         providing definitions regarding payments on behalf of
  120         qualified beneficiaries of an advance payment
  121         contract; providing the amounts of fees to be paid by
  122         the board; providing an exemption for certain
  123         qualified beneficiaries from paying any tuition
  124         differential fee; requiring that the board pay state
  125         universities the actual amount assessed for
  126         registration fees, tuition differential fees, local
  127         fees, and dormitory fees for certain advanced payment
  128         contracts; creating s. 1011.521, F.S.; authorizing
  129         appropriations to private colleges and universities
  130         for specified uses; providing reporting requirements
  131         and restrictions on expenditures; amending s. 1011.83,
  132         F.S.; revising provisions relating to financial
  133         support of community colleges; providing for state
  134         funding of baccalaureate degree programs in the
  135         General Appropriations Act; amending ss. 1011.32,
  136         1011.85, and 1011.94, F.S.; requiring that donors be
  137         notified of a delay in the availability of state
  138         matching funds for the Community College Facility
  139         Enhancement Challenge Grant Program, the Dr. Philip
  140         Benjamin Matching Grant Program for Community
  141         Colleges, and the University Major Gifts Program;
  142         amending s. 1012.83, F.S.; conforming provisions
  143         relating to contracts with community college
  144         administrative and instructional staff to changes made
  145         by the act; amending s. 1013.79, F.S.; providing that
  146         a university may expend funds from private sources for
  147         site preparation, planning, and construction;
  148         requiring that donors be notified of a delay in the
  149         availability of state matching funds for the
  150         University Facility Enhancement Challenge Grant
  151         Program; providing an exemption for a specified
  152         university from requirements relating to student fees;
  153         prohibiting a state university from enacting any
  154         policy that requires students to have health insurance
  155         coverage, unless the policy was enacted before a
  156         specified date; providing for the future expiration of
  157         such prohibition; providing effective dates.
  158  
  159  Be It Enacted by the Legislature of the State of Florida:
  160  
  161         Section 1. Subsection (7) of section 413.30, Florida
  162  Statutes, is renumbered as subsection (8), and a new subsection
  163  (7) is added to that section, to read:
  164         413.30 Eligibility for vocational rehabilitation services.—
  165         (7) If the division provides an eligible person with
  166  vocational rehabilitation services in the form of vehicle
  167  modifications, the division shall consider all options
  168  available, including the purchase of a new, original equipment
  169  manufacturer vehicle that complies with the Americans with
  170  Disabilities Act for transportation vehicles. The division shall
  171  make the decision on vocational rehabilitation services based on
  172  the best interest of the client and cost-effectiveness.
  173         Section 2. Subsection (47) is added to section 1001.64,
  174  Florida Statutes, to read:
  175         1001.64 Community college boards of trustees; powers and
  176  duties.—
  177         (47) A board of trustees may not enter into an employment
  178  contract that requires the community college to pay a community
  179  college president an amount from state funds in excess of 1 year
  180  of the president’s annual salary for termination, buy-out, or
  181  any other type of contract settlement. This subsection does not
  182  prohibit the payment of leave and benefits accrued by the
  183  president in accordance with the community college’s leave and
  184  benefits policies before the contract terminates.
  185         Section 3. Paragraph (d) is added to subsection (5) of
  186  section 1001.706, Florida Statutes, to read:
  187         1001.706 Powers and duties of the Board of Governors.—
  188         (5) POWERS AND DUTIES RELATING TO PERSONNEL.—
  189         (d) The Board of Governors may not enter into an employment
  190  contract that requires the board to pay an employee an amount
  191  from state funds in excess of 1 year of the employee’s annual
  192  salary for termination, buy-out, or any other type of contract
  193  settlement. This paragraph does not prohibit the payment of
  194  leave and benefits accrued by the employee in accordance with
  195  the board’s leave and benefits policies before the contract
  196  terminates.
  197         Section 4. Paragraph (d) is added to subsection (5) of
  198  section 1001.74, Florida Statutes, to read:
  199         1001.74 Powers and duties of university boards of
  200  trustees.—
  201         (5) POWERS AND DUTIES RELATING TO PERSONNEL.—
  202         (d) A board of trustees may not enter into an employment
  203  contract that requires the university to pay an employee an
  204  amount from state funds in excess of 1 year of the employee’s
  205  annual salary for termination, buy-out, or any other type of
  206  contract settlement. This paragraph does not prohibit the
  207  payment of leave and benefits accrued by the employee in
  208  accordance with the university’s leave and benefits policies
  209  before the contract terminates.
  210         Section 5. Section 1004.445, Florida Statutes, is amended
  211  to read:
  212         (Substantial rewording of section. See
  213         s. 1004.445, F.S., for present text.)
  214         1004.445 Johnnie B. Byrd, Sr., Alzheimer’s Center and
  215  Research Institute.—
  216         (1) CREATION AND MISSION.—The Johnnie B. Byrd, Sr.,
  217  Alzheimer’s Center and Research Institute is established within
  218  the University of South Florida. The institute has a statewide
  219  mission to advance research, education, treatment, prevention,
  220  and the early detection of Alzheimer’s disease and is
  221  responsible for distributing peer-reviewed competitive grant
  222  funds for Alzheimer’s disease research.
  223         (2) BOARD OF DIRECTORS.—The board of directors for the
  224  Johnnie B. Byrd, Sr., Alzheimer’s Center and Research Institute
  225  is created to oversee the management and operation of the
  226  institute. The board of directors shall consist of seven members
  227  who shall serve at the pleasure of the entity that appoints
  228  them. A board member’s term shall expire after 4 years, but the
  229  member may be reappointed to a subsequent 4-year term. The
  230  Governor, the President of the Senate, and the Speaker of the
  231  House of Representatives shall each appoint one person to serve
  232  on the board of directors. The Board of Trustees of the
  233  University of South Florida shall appoint four persons to serve
  234  on the board of directors. Trustees are eligible for appointment
  235  to the board of directors. The chair of the board of directors
  236  shall be elected by a majority vote from among the membership of
  237  the board. Members of the board of directors may not receive a
  238  salary. The board of directors may organize and appoint an
  239  advisory council of concerned citizens to assist the institute
  240  in carrying out its duties.
  241         (3) CHIEF EXECUTIVE OFFICER.—The institute shall be
  242  administered by a chief executive officer who shall be appointed
  243  by and serve at the pleasure of the president of the University
  244  of South Florida or the president’s designee. The chief
  245  executive officer shall prepare an annual report for the
  246  institute which describes the expenditure of all of the
  247  institute’s funds and provides information regarding research
  248  that has been conducted or funded by the institute, including
  249  the expected and actual results of the research.
  250         (4) BUDGET.—The institute’s budget shall include the moneys
  251  appropriated in the General Appropriations Act, donated, or
  252  otherwise provided to the institute from private, local, state,
  253  and federal sources, as well as technical and professional
  254  income generated or derived from practice activities at the
  255  institute. Any appropriation to the institute shall be expended
  256  for the purposes specified in this section, including conducting
  257  and supporting research and related clinical services, awarding
  258  institutional grants and investigator-initiated research grants
  259  to other persons within the state through a peer-reviewed
  260  competitive process, developing and operating integrated data
  261  projects, providing assistance to the memory disorder clinics
  262  established in s. 430.502, and providing for the operation of
  263  the institute.
  264         Section 6. On or before July 1, 2009, the board of
  265  directors of the not-for-profit corporation created as an
  266  instrumentality of the state pursuant to s. 1004.445, Florida
  267  Statutes, shall transfer all unexpended balances, records,
  268  functions, facilities, and assets of the Johnnie B. Byrd, Sr.,
  269  Alzheimer’s Center and Research Institute to the University of
  270  South Florida under the oversight of the board of directors of
  271  the Johnnie B. Byrd, Sr., Alzheimer’s Center and Research
  272  Institute, as created in this act.
  273         Section 7. Subsection (11) is redesignated as subsection
  274  (12), subsections (1), (2), (3), (4), and (6) and paragraph (d)
  275  of subsection (10) of section 1009.21, Florida Statutes, are
  276  amended, and a new subsection (11) is added to that section, to
  277  read:
  278         1009.21 Determination of resident status for tuition
  279  purposes.—Students shall be classified as residents or
  280  nonresidents for the purpose of assessing tuition in community
  281  colleges and state universities.
  282         (1) As used in this section, the term:
  283         (a) The term “Dependent child” means any person, whether or
  284  not living with his or her parent, who is eligible to be claimed
  285  by his or her parent as a dependent under the federal income tax
  286  code.
  287         (b) “Initial enrollment” means the first day of class at an
  288  institution of higher education.
  289         (c)(b)The term “Institution of higher education” means any
  290  public community college as defined in s. 1000.21(3) or state
  291  university as defined in s. 1000.21(6).
  292         (d)(c)A “Legal resident” or “resident” means is a person
  293  who has maintained his or her residence in this state for the
  294  preceding year, has purchased a home which is occupied by him or
  295  her as his or her residence, or has established a domicile in
  296  this state pursuant to s. 222.17.
  297         (e) “Nonresident for tuition purposes” means a person who
  298  does not qualify for the in-state tuition rate.
  299         (f)(d)The term “Parent” means the natural or adoptive
  300  parent or legal guardian of a dependent child.
  301         (g)(e)A “Resident for tuition purposes” means is a person
  302  who qualifies as provided in this section subsection (2) for the
  303  in-state tuition rate; a “nonresident for tuition purposes” is a
  304  person who does not qualify for the in-state tuition rate.
  305         (2)(a) To qualify as a resident for tuition purposes:
  306         1. A person or, if that person is a dependent child, his or
  307  her parent or parents must have established legal residence in
  308  this state and must have maintained legal residence in this
  309  state for at least 12 consecutive months immediately prior to
  310  his or her initial enrollment in an institution of higher
  311  education qualification.
  312         2. Every applicant for admission to an institution of
  313  higher education shall be required to make a statement as to his
  314  or her length of residence in the state and, further, shall
  315  establish that his or her presence or, if the applicant is a
  316  dependent child, the presence of his or her parent or parents in
  317  the state currently is, and during the requisite 12-month
  318  qualifying period was, for the purpose of maintaining a bona
  319  fide domicile, rather than for the purpose of maintaining a mere
  320  temporary residence or abode incident to enrollment in an
  321  institution of higher education.
  322         (b) However, with respect to a dependent child living with
  323  an adult relative other than the child’s parent, such child may
  324  qualify as a resident for tuition purposes if the adult relative
  325  is a legal resident who has maintained legal residence in this
  326  state for at least 12 consecutive months immediately prior to
  327  the child’s initial enrollment in an institution of higher
  328  education qualification, provided the child has resided
  329  continuously with such relative for the 5 years immediately
  330  prior to the child’s initial enrollment in an institution of
  331  higher education qualification, during which time the adult
  332  relative has exercised day-to-day care, supervision, and control
  333  of the child.
  334         (c) The legal residence of a dependent child whose parents
  335  are divorced, separated, or otherwise living apart will be
  336  deemed to be this state if either parent is a legal resident of
  337  this state, regardless of which parent is entitled to claim, and
  338  does in fact claim, the minor as a dependent pursuant to federal
  339  individual income tax provisions.
  340         (3)(a) An individual shall not be classified as a resident
  341  for tuition purposes and, thus, shall not be eligible to receive
  342  the in-state tuition rate until he or she has provided such
  343  evidence related to legal residence and its duration or, if
  344  thatindividual is a dependent child, evidence of his or her
  345  parent’s legal residence and its duration,  as may be required
  346  by law and by officials of the institution of higher education
  347  from which he or she seeks the in-state tuition rate.
  348         (b) Except as otherwise provided in this section, evidence
  349  of legal residence and its duration shall include clear and
  350  convincing documentation that residency in this state was for a
  351  minimum of 12 consecutive months prior to a student’s initial
  352  enrollment in an institution of higher education.
  353         (c) Each institution of higher education shall
  354  affirmatively determine that an applicant who has been granted
  355  admission to that institution as a Florida resident meets the
  356  residency requirements of this section at the time of initial
  357  enrollment. The residency determination must be documented by
  358  the submission of written or electronic verification that
  359  includes two or more of the documents identified in this
  360  paragraph. No single piece of evidence shall be conclusive.
  361         1. The documents must include at least one of the
  362  following:
  363         a. A Florida voter’s registration card.
  364         b. A Florida driver’s license.
  365         c. A State of Florida identification card.
  366         d. A Florida vehicle registration.
  367         e. Proof of a permanent home in Florida which is occupied
  368  as a primary residence by the individual or by the individual’s
  369  parent if the individual is a dependent child.
  370         f. Proof of a homestead exemption in Florida.
  371         g. Transcripts from a Florida high school for multiple
  372  years if the Florida high school diploma or GED was earned
  373  within the last 12 months.
  374         h. Proof of permanent full-time employment in Florida for
  375  at least 30 hours per week for a 12-month period.
  376         2. The documents may include one or more of the following:
  377         a. A declaration of domicile in Florida.
  378         b. A Florida professional or occupational license.
  379         c. Florida incorporation.
  380         d. A document evidencing family ties in Florida.
  381         e. Proof of membership in a Florida-based charitable or
  382  professional organization.
  383         f. Any other documentation that supports the student’s
  384  request for resident status, including, but not limited to,
  385  utility bills and proof of 12 consecutive months of payments; a
  386  lease agreement and proof of 12 consecutive months of payments;
  387  or an official state, federal, or court document evidencing
  388  legal ties to Florida.
  389         (4) With respect to a dependent child, the legal residence
  390  of the dependent child’s such individual’s parent or parents is
  391  prima facie evidence of the dependent child’s individual’s legal
  392  residence, which evidence may be reinforced or rebutted,
  393  relative to the age and general circumstances of the dependent
  394  child individual, by the other evidence of legal residence
  395  required of or presented by the dependent child individual.
  396  However, the legal residence of a dependent child’s an
  397  individual whose parent or parents who are domiciled outside
  398  this state is not prima facie evidence of the dependent child’s
  399  individual’s legal residence if that dependent child individual
  400  has lived in this state for 5 consecutive years prior to
  401  enrolling or reregistering at the institution of higher
  402  education at which resident status for tuition purposes is
  403  sought.
  404         (6)(a) Except as otherwise provided in this section, a
  405  person who is classified as a nonresident for tuition purposes
  406  may become eligible for reclassification as a resident for
  407  tuition purposes if that person or, if that person is a
  408  dependent child, his or her parent presents clear and convincing
  409  documentation that supports permanent legal residency in this
  410  state for at least 12 consecutive months rather than temporary
  411  residency for the purpose of pursuing an education, such as
  412  documentation of full-time permanent employment for the prior 12
  413  months or the purchase of a home in this state and residence
  414  therein for the prior 12 months while not enrolled in an
  415  institution of higher education.
  416         (b) If a person who is a dependent child and his or her
  417  parent move to this state while such child is a high school
  418  student and the child graduates from a high school in this
  419  state, the child may become eligible for reclassification as a
  420  resident for tuition purposes when the parent submits evidence
  421  that the parent qualifies for permanent residency.
  422         (c) If a person who is a dependent child and his or her
  423  parent move to this state after such child graduates from high
  424  school, the child may become eligible for reclassification as a
  425  resident for tuition purposes after the parent submits evidence
  426  that he or she has established legal residence in the state and
  427  has maintained legal residence in the state for at least 12
  428  consecutive months.
  429         (d) A person who is classified as a nonresident for tuition
  430  purposes and who marries a legal resident of the state or
  431  marries a person who becomes a legal resident of the state may,
  432  upon becoming a legal resident of the state, become eligible for
  433  reclassification as a resident for tuition purposes upon
  434  submitting evidence of his or her own legal residency in the
  435  state, evidence of his or her marriage to a person who is a
  436  legal resident of the state, and evidence of the spouse’s legal
  437  residence in the state for at least 12 consecutive months
  438  immediately preceding the application for reclassification. Any
  439  nonresident person, irrespective of sex, who marries a legal
  440  resident of this state or marries a person who later becomes a
  441  legal resident may, upon becoming a legal resident of this
  442  state, accede to the benefit of the spouse’s immediately
  443  precedent duration as a legal resident for purposes of
  444  satisfying the 12-month durational requirement of this section.
  445         (10) The following persons shall be classified as residents
  446  for tuition purposes:
  447         (d) Full-time instructional and administrative personnel
  448  employed by state public schools, community colleges, and
  449  institutions of higher education, as defined in s. 1000.04, and
  450  their spouses and dependent children.
  451         (11) Each institution of higher education shall establish a
  452  residency appeal committee comprised of at least three members
  453  to consider student appeals of residency determinations, in
  454  accordance with the institution’s official appeal process. The
  455  residency appeal committee must render to the student the final
  456  residency determination in writing. The institution must advise
  457  the student of the reasons for the determination.
  458         Section 8. Subsection (4) and paragraph (b) of subsection
  459  (16) of section 1009.23, Florida Statutes, are amended to read:
  460         1009.23 Community college student fees.—
  461         (4) Each community college board of trustees shall
  462  establish tuition and out-of-state fees, which may vary no more
  463  than 10 percent below and 15 percent above the combined total of
  464  the standard tuition and fees established in subsection (3),
  465  provided that any amount from 10 to 15 percent above the
  466  standard tuition and fees established in subsection (3) shall be
  467  used only to support safety and security purposes. In order to
  468  assess an additional amount for safety and security purposes, a
  469  community college board of trustees must provide written
  470  justification to the State Board of Education based on criteria
  471  approved by the board of trustees, including, but not limited
  472  to, criteria such as local crime data and information, and
  473  strategies for the implementation of local safety plans. Should
  474  a college decide to increase the tuition and fees, the funds
  475  raised by increasing the tuition and fees must be expended
  476  solely for additional safety and security purposes and shall not
  477  supplant funding expended in the 1998-1999 budget for safety and
  478  security purposes.
  479         (16)
  480         (b) The amount of the distance learning course user fee may
  481  not exceed the additional costs of the services provided which
  482  are attributable to the development and delivery of the distance
  483  learning course. If a community college assesses the distance
  484  learning course user fee, the institution may not assess any
  485  other fees to cover the additional costs. By September 1 of each
  486  year, each board of trustees shall report to the Division of
  487  Community Colleges the total amount of revenue generated by the
  488  distance learning course user fee for the prior fiscal academic
  489  year and how the revenue was expended.
  490         Section 9. Paragraph (c) of subsection (4) and subsection
  491  (5) of section 1009.24, Florida Statutes, are amended to read:
  492         1009.24 State university student fees.—
  493         (4)
  494         (c) The Board of Governors, or the board’s designee, may
  495  establish tuition for graduate and professional programs, and
  496  out-of-state fees for all programs. Except as otherwise provided
  497  in this section, the sum of tuition and out-of-state fees
  498  assessed to nonresident students must be sufficient to offset
  499  the full instructional cost of serving such students. However,
  500  adjustments to out-of-state fees or tuition for graduate
  501  programs and pursuant to this section may not exceed 10 percent
  502  in any year, and adjustments to out-of-state fees or tuition for
  503  professional programs may not exceed 15 percent in any year.
  504         (5) A university that has a service area that borders
  505  another state may implement a plan for a differential out-of
  506  state fee for the following:.
  507         (a) A student from another state that borders the service
  508  area of the university.
  509         (b) A graduate student who has been determined to be a
  510  nonresident for tuition purposes pursuant to s. 1009.21 and has
  511  a .25 full-time equivalent appointment or greater as a graduate
  512  assistant, graduate research assistant, graduate teaching
  513  assistant, graduate research associate, or graduate teaching
  514  associate.
  515         (c) A graduate student who has been determined to be a
  516  nonresident for tuition purposes pursuant to s. 1009.21 and is
  517  receiving a full fellowship.
  518         Section 10. Subsection (2) of section 1009.27, Florida
  519  Statutes, is amended to read:
  520         1009.27 Deferral of fees.—
  521         (2) Any veteran or other eligible student who receives
  522  benefits under chapter 30, chapter 31, chapter 32, chapter 33,
  523  chapter 34, or chapter 35 of Title 38, U.S.C., or chapter 106 of
  524  Title 10, U.S.C., is entitled to one deferment each academic
  525  year and an additional deferment each time there is a delay in
  526  the receipt of benefits.
  527         Section 11. Section 1009.286, Florida Statutes, is created
  528  to read:
  529         1009.286 Additional student payment for hours exceeding
  530  baccalaureate degree program completion requirements at state
  531  universities.—
  532         (1) It is the intent of the Legislature to encourage each
  533  undergraduate student who enrolls in a state university to
  534  complete the student’s respective baccalaureate degree program
  535  in the most efficient way possible while providing for access to
  536  additional college coursework. Therefore, the Legislature
  537  intends to enact a policy that provides incentives for efficient
  538  baccalaureate degree completion.
  539         (2) State universities shall require a student to pay an
  540  excess hour surcharge equal to 50 percent of the tuition rate
  541  for each credit hour in excess of 120 percent of the number of
  542  credit hours required to complete the baccalaureate degree
  543  program in which the student is enrolled.
  544         (3) Except as otherwise provided by law and for purposes of
  545  this section, the following credit hours shall be included when
  546  calculating the number of hours taken by a student:
  547         (a) All credit hours for courses taken at the state
  548  university from which the student is seeking a baccalaureate
  549  degree, including:
  550         1. Failed courses.
  551         2. Courses that are dropped after the university’s
  552  advertised last day of the drop and add period.
  553         3. Courses from which a student withdraws, except as
  554  provided in subsection (4).
  555         4. Repeated courses, except repeated courses for which the
  556  student has paid the full cost of instruction as provided in s.
  557  1009.285.
  558         (b) All credit hours earned at another institution and
  559  accepted for transfer by the state university and applied toward
  560  the student’s baccalaureate degree program.
  561         (4) For purposes of this section, credit hours earned under
  562  the following circumstances are not calculated as hours required
  563  to earn a baccalaureate degree:
  564         (a) College credits earned through an articulated
  565  accelerated mechanism identified in s. 1007.27.
  566         (b) Credit hours earned through internship programs.
  567         (c) Credit hours required for certification,
  568  recertification, or certificate programs.
  569         (d) Credit hours in courses from which a student must
  570  withdraw due to reasons of medical or personal hardship.
  571         (e) Credit hours taken by active-duty military personnel.
  572         (f) Credit hours required to achieve a dual major taken
  573  while pursuing a baccalaureate degree.
  574         (g) Remedial and English as a Second Language credit hours.
  575         (h) Credit hours earned in military science courses that
  576  are part of the Reserve Officers’ Training Corps (ROTC) program.
  577         (5) Each state university and community college shall
  578  implement a process for notifying students regarding the
  579  provisions of this section. Notice must be provided by a state
  580  university or a community college upon a student’s initial
  581  enrollment in the institution. Such notice must be provided a
  582  second time by a state university when a student has earned the
  583  credit hours required to complete the baccalaureate degree
  584  program in which the student is enrolled. The notice must
  585  include a recommendation that each student who intends to earn
  586  credit hours at the institution in excess of the credit hours
  587  required for the baccalaureate degree program in which the
  588  student is enrolled meet with his or her academic advisor.
  589         (6) For purposes of this section, the term “state
  590  university” includes the institutions identified in s.
  591  1000.21(6) and the term “community college” includes the
  592  institutions identified in s. 1000.21(3).
  593         (7) The provisions of this section become effective for
  594  students who enter a community college or a state university for
  595  the first time in the 2009-2010 academic year and thereafter.
  596         Section 12. Paragraph (a) of subsection (1) of section
  597  1009.40, Florida Statutes, is amended to read:
  598         1009.40 General requirements for student eligibility for
  599  state financial aid awards and tuition assistance grants.—
  600         (1)(a) The general requirements for eligibility of students
  601  for state financial aid awards and tuition assistance grants
  602  consist of the following:
  603         1. Achievement of the academic requirements of and
  604  acceptance at a state university or community college; a nursing
  605  diploma school approved by the Florida Board of Nursing; a
  606  Florida college, university, or community college which is
  607  accredited by an accrediting agency recognized by the State
  608  Board of Education; any Florida institution the credits of which
  609  are acceptable for transfer to state universities; any career
  610  center; or any private career institution accredited by an
  611  accrediting agency recognized by the State Board of Education.
  612         2. Residency in this state for no less than 1 year
  613  preceding the award of aid or a tuition assistance grant for a
  614  program established pursuant to s. 1009.50, s. 1009.505, s.
  615  1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s.
  616  1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s.
  617  1009.72, s. 1009.73, s. 1009.76, s. 1009.77, s. 1009.89, or s.
  618  1009.891. Residency in this state must be for purposes other
  619  than to obtain an education. Resident status for purposes of
  620  receiving state financial aid awards shall be determined in the
  621  same manner as resident status for tuition purposes pursuant to
  622  s. 1009.21.
  623         3. Submission of certification attesting to the accuracy,
  624  completeness, and correctness of information provided to
  625  demonstrate a student’s eligibility to receive state financial
  626  aid awards or tuition assistance grants. Falsification of such
  627  information shall result in the denial of any pending
  628  application and revocation of any award or grant currently held
  629  to the extent that no further payments shall be made.
  630  Additionally, students who knowingly make false statements in
  631  order to receive state financial aid awards or tuition
  632  assistance grants commit a misdemeanor of the second degree
  633  subject to the provisions of s. 837.06 and shall be required to
  634  return all state financial aid awards or tuition assistance
  635  grants wrongfully obtained.
  636         Section 13. Paragraph (a) of subsection (5) of section
  637  1009.53, Florida Statutes, is amended, and subsection (11) is
  638  added to that section, to read:
  639         1009.53 Florida Bright Futures Scholarship Program.—
  640         (5) The department shall issue awards from the scholarship
  641  program annually. Annual awards may be for up to 45 semester
  642  credit hours or the equivalent. Before the registration period
  643  each semester, the department shall transmit payment for each
  644  award to the president or director of the postsecondary
  645  education institution, or his or her representative, except that
  646  the department may withhold payment if the receiving institution
  647  fails to report or to make refunds to the department as required
  648  in this section.
  649         (a) Within 30 days after the end of regular registration
  650  each semester, the educational institution shall certify to the
  651  department the eligibility status of each student who receives
  652  an award. After the end of the drop and add period, an
  653  institution is not required to reevaluate or revise a student’s
  654  eligibility status; however, an institution but must make a
  655  refund to the department within 30 days after the end of the
  656  semester of any funds received for courses dropped by a student
  657  or courses from which a student has withdrawn after the end of
  658  the drop and add period, unless the student has been granted an
  659  exception by the department pursuant to subsection (11) if a
  660  student who receives an award disbursement terminates enrollment
  661  for any reason during an academic term and a refund is permitted
  662  by the institution’s refund policy.
  663         (11) Funds for any scholarship within the Florida Bright
  664  Futures Scholarship Program may not be used to pay for courses
  665  dropped by a student or courses from which a student has
  666  withdrawn after the end of the drop and add period. However, a
  667  student who receives an award under this program and
  668  subsequently drops one or more courses or withdraws from all
  669  courses after the end of the drop and add period due to a
  670  verifiable illness or other documented emergency may be granted
  671  an exception pursuant to s. 1009.40(1)(b)4., unless the
  672  institution’s policy is to refund the cost of the courses. The
  673  department shall notify eligible recipients of the provisions of
  674  this subsection. Each institution shall notify award recipients
  675  of the provisions of this subsection during the registration
  676  process.
  677         Section 14. Paragraph (a) of subsection (1) of section
  678  1009.532, Florida Statutes, is amended, and paragraph (c) is
  679  added to that subsection to read:
  680         1009.532 Florida Bright Futures Scholarship Program;
  681  student eligibility requirements for renewal awards.—
  682         (1) To be eligible to renew a scholarship from any of the
  683  three types of scholarships under the Florida Bright Futures
  684  Scholarship Program, a student must:
  685         (a) Effective for students funded in the 2009-2010 academic
  686  year and thereafter, earn Complete at least 24 12 semester
  687  credit hours or the equivalent in the last academic year in
  688  which the student earned a scholarship if the student was
  689  enrolled full time, or a prorated number of credit hours as
  690  determined by the Department of Education if the student was
  691  enrolled less than full time for any part of the academic year.
  692  If a student fails to earn the minimum number of hours required
  693  to renew the scholarship, the student shall lose his or her
  694  eligibility for renewal for a period equivalent to 1 academic
  695  year. Such student is eligible to restore the award the
  696  following academic year if the student earns the hours for which
  697  he or she was enrolled at the level defined by the department
  698  and meets the grade point average for renewal. A student is
  699  eligible for such restoration one time. The department shall
  700  notify eligible recipients of the provisions of this paragraph.
  701  Each institution shall notify award recipients of the provisions
  702  of this paragraph during the registration process.
  703         (c) Reimburse or make satisfactory arrangements to
  704  reimburse the institution for the award amount received for
  705  courses dropped after the end of the drop and add period or
  706  courses from which the student withdraws after the end of the
  707  drop and add period unless the student has received an exception
  708  pursuant to s. 1009.53(11).
  709         Section 15. Subsection (2) of section 1009.534, Florida
  710  Statutes, is amended, and subsection (5) is added to that
  711  section, to read:
  712         1009.534 Florida Academic Scholars award.—
  713         (2) Effective January 1, 2008, a Florida Academic Scholar
  714  who is enrolled in a public postsecondary education institution
  715  is eligible for an award equal to the amount required to pay
  716  tuition and, fees, and an additional amount for college-related
  717  expenses annually as specified in law or the General
  718  Appropriations Act. A student who is enrolled in a nonpublic
  719  postsecondary education institution is eligible for an award
  720  equal to the amount that would be required to pay for the
  721  average tuition and fees of a public postsecondary education
  722  institution at the comparable level, plus the annual amount
  723  specified in law or the General Appropriations Act for college
  724  related expenses.
  725         (5) Notwithstanding subsections (2) and (4), a Florida
  726  Academic Scholar is eligible for an award equal to the amount
  727  specified in the General Appropriations Act for the 2009-2010
  728  academic year. This subsection expires July 1, 2010.
  729         Section 16. Subsection (4) is added to section 1009.535,
  730  Florida Statutes, to read:
  731         1009.535 Florida Medallion Scholars award.—
  732         (4) Notwithstanding subsection (2), a Florida Medallion
  733  Scholar is eligible for an award equal to the amount specified
  734  in the General Appropriations Act for the 2009-2010 academic
  735  year. This subsection expires July 1, 2010.
  736         Section 17. Subsection (4) of section 1009.536, Florida
  737  Statutes, is amended, and subsection (5) is added to that
  738  section, to read:
  739         1009.536 Florida Gold Seal Vocational Scholars award.—The
  740  Florida Gold Seal Vocational Scholars award is created within
  741  the Florida Bright Futures Scholarship Program to recognize and
  742  reward academic achievement and career preparation by high
  743  school students who wish to continue their education.
  744         (4) A student may earn a Florida Gold Seal Vocational
  745  Scholarship for 110 percent of the number of credit hours
  746  required to complete the program, up to 90 credit hours or the
  747  equivalent. A Florida Gold Seal Scholar who has a cumulative
  748  grade point average of 2.75 in all postsecondary education work
  749  attempted may apply for a Florida Medallion Scholars award at
  750  any renewal period. All other provisions of that program apply,
  751  and the credit-hour limitation must be calculated by subtracting
  752  from the student’s total eligibility the number of credit hours
  753  the student attempted while earning the Gold Seal Vocational
  754  Scholarship.
  755         (5) Notwithstanding subsection (2), a Florida Gold Seal
  756  Vocational Scholar is eligible for an award equal to the amount
  757  specified in the General Appropriations Act for the 2009-2010
  758  academic year. This subsection expires July 1, 2010.
  759         Section 18. Section 1009.54, Florida Statutes, is amended
  760  to read:
  761         1009.54 Critical Teacher Shortage Program.—There is created
  762  the Critical Teacher Shortage Program. Funds appropriated by the
  763  Legislature for the program shall be deposited in the State
  764  Student Financial Assistance Trust Fund. The Chief Financial
  765  Officer shall authorize expenditures from the trust fund upon
  766  receipt of vouchers approved by the Department of Education for
  767  the critical teacher shortage programs established in s.
  768  1009.57, s. 1009.58, or s. 1009.59. The Chief Financial Officer
  769  shall also authorize expenditures from the trust fund for the
  770  “Chappie” James Most Promising Teacher Scholarship Loan Program
  771  and the Critical Teacher Shortage Scholarship Loan Program
  772  recipients who participated in these programs prior to July 1,
  773  1993, provided that such students continue to meet the renewal
  774  eligibility requirements that were in effect at the time that
  775  their original awards were made. Students who participated in
  776  the “Chappie” James Most Promising Teacher Scholarship Loan
  777  Program prior to July 1, 1993, shall not have their awards
  778  reduced as a result of the addition of new students to the
  779  program. All scholarship loan repayments pursuant to s. 1009.57,
  780  the “Chappie” James Most Promising Teacher Scholarship Loan
  781  Program, and the Critical Teacher Shortage Scholarship Loan
  782  Program shall be deposited into the State Student Financial
  783  Assistance Trust Fund. Any remaining balance at the end of any
  784  fiscal year that has been allocated to the program shall remain
  785  in the trust fund and be available for the individual programs
  786  in future years.
  787         Section 19. Subsection (1) and paragraph (c) of subsection
  788  (2) of section 1009.55, Florida Statutes, are amended to read:
  789         1009.55 Rosewood Family Scholarship Program.—
  790         (1) There is created a Rosewood Family Scholarship Program
  791  for minority persons with preference given to the direct
  792  descendants of the Rosewood families, not to exceed 25
  793  scholarships per year. Funds appropriated by the Legislature for
  794  the program shall be deposited in the State Student Financial
  795  Assistance Trust Fund.
  796         (2) The Rosewood Family Scholarship Program shall be
  797  administered by the Department of Education. The State Board of
  798  Education shall adopt rules for administering this program which
  799  shall at a minimum provide for the following:
  800         (c) The department shall rank eligible initial applicants
  801  for the purposes of awarding scholarships with preference being
  802  given to the direct descendants of the Rosewood families. The
  803  remaining applicants shall be ranked based on need as determined
  804  by the Department of Education.
  805         Section 20. Subsection (2) of section 1009.57, Florida
  806  Statutes, is repealed, subsection (3) is renumbered as
  807  subsection (2), and paragraphs (b) and (c) of the renumbered
  808  subsection (2) of that section are amended, to read:
  809         1009.57 Florida Teacher Scholarship and Forgivable Loan
  810  Program.—
  811         (2)(3)
  812         (b) An undergraduate forgivable loan may be awarded for 2
  813  undergraduate years, not to exceed $4,000 per year, or for a
  814  maximum of 3 years for programs requiring a fifth year of
  815  instruction to obtain initial teaching certification. The amount
  816  of the scholarship shall be prorated based on available
  817  appropriations and may not exceed $4,000 per year.
  818         (c) A graduate forgivable loan may be awarded for 2
  819  graduate years. The amount of the scholarship shall be prorated
  820  based on available appropriations and may, not to exceed $8,000
  821  per year. In addition to meeting criteria specified in paragraph
  822  (a), a loan recipient at the graduate level shall:
  823         1. Hold a bachelor’s degree from any college or university
  824  accredited by a regional accrediting association as defined by
  825  State Board of Education rule.
  826         2. Not already hold a teaching certificate resulting from
  827  an undergraduate degree in education in an area of critical
  828  teacher shortage as designated by the State Board of Education.
  829         3. Not have received an undergraduate forgivable loan as
  830  provided for in paragraph (b).
  831         Section 21. Subsection (3) of section 1009.58, Florida
  832  Statutes, is amended to read:
  833         1009.58 Critical teacher shortage tuition reimbursement
  834  program.—
  835         (3) Participants may receive tuition reimbursement payments
  836  for up to 9 semester hours, or the equivalent in quarter hours,
  837  per year. The amount of the reimbursement per semester hour
  838  shall be prorated based on available appropriations and may not,
  839  at a rate not to exceed $78 per semester hour, up to a total of
  840  36 semester hours. All tuition reimbursements shall be
  841  contingent on passing an approved course with a minimum grade of
  842  3.0 or its equivalent.
  843         Section 22. Subsection (2) of section 1009.59, Florida
  844  Statutes, is amended to read:
  845         1009.59 Critical Teacher Shortage Student Loan Forgiveness
  846  Program.—
  847         (2) From the funds available, The Department of Education
  848  may make loan principal repayments, which shall be prorated
  849  based on available appropriations, as follows:
  850         (a) Up to $2,500 a year for up to 4 years on behalf of
  851  selected graduates of state-approved undergraduate postsecondary
  852  teacher preparation programs, persons certified to teach
  853  pursuant to any applicable teacher certification requirements,
  854  or selected teacher preparation graduates from any state
  855  participating in the Interstate Agreement on the Qualification
  856  of Educational Personnel.
  857         (b) Up to $5,000 a year for up to 2 years on behalf of
  858  selected graduates of state-approved graduate postsecondary
  859  teacher preparation programs, persons with graduate degrees
  860  certified to teach pursuant to any applicable teacher
  861  certification requirements, or selected teacher preparation
  862  graduates from any state participating in the Interstate
  863  Agreement on the Qualification of Educational Personnel.
  864         (c) All repayments shall be contingent on continued proof
  865  of employment in the designated subject areas in this state and
  866  shall be made directly to the holder of the loan. The state
  867  shall not bear responsibility for the collection of any interest
  868  charges or other remaining balance. In the event that designated
  869  critical teacher shortage subject areas are changed by the State
  870  Board of Education, a teacher shall continue to be eligible for
  871  loan forgiveness as long as he or she continues to teach in the
  872  subject area for which the original loan repayment was made and
  873  otherwise meets all conditions of eligibility.
  874         Section 23. Subsections (1) and (3) of section 1009.60,
  875  Florida Statutes, are amended to read:
  876         1009.60 Minority teacher education scholars program.—There
  877  is created the minority teacher education scholars program,
  878  which is a collaborative performance-based scholarship program
  879  for African-American, Hispanic-American, Asian-American, and
  880  Native American students. The participants in the program
  881  include Florida’s community colleges and its public and private
  882  universities that have teacher education programs.
  883         (1) The minority teacher education scholars program shall
  884  provide an annual scholarship in an amount that shall be
  885  prorated based on available appropriations and may not exceed of
  886  $4,000 for each approved minority teacher education scholar who
  887  is enrolled in one of Florida’s public or private universities
  888  in the junior year and is admitted into a teacher education
  889  program.
  890         (3) The total amount appropriated annually for new
  891  scholarships in the program must be divided by $4,000 and by the
  892  number of participating colleges and universities. Each
  893  participating institution has access to the same number of
  894  scholarships and may award all of them to eligible minority
  895  students. If a college or university does not award all of its
  896  scholarships by the date set by the program administration at
  897  the Florida Fund for Minority Teachers, Inc., the remaining
  898  scholarships must be transferred to another institution that has
  899  eligible students. If the total amount appropriated for new
  900  scholarships is insufficient to award $4,000 to each eligible
  901  student, the amount of the scholarship shall be prorated based
  902  on available appropriations.
  903         Section 24. Subsection (2) of section 1009.605, Florida
  904  Statutes, is amended to read:
  905         1009.605 Florida Fund for Minority Teachers, Inc.—
  906         (2)(a) The corporation shall submit an annual budget
  907  projection to the Department of Education to be included in the
  908  annual legislative budget request. The projection must be based
  909  on the cost to award up to a 7-year plan that would be capable
  910  of awarding the following schedule of scholarships:
  911         (a) In the initial year, 700 scholarships of $4,000 each to
  912  scholars in the junior year of college.
  913         (b) In the second year, 350 scholarships to new scholars in
  914  their junior year and 700 renewal scholarships to the rising
  915  seniors.
  916         (c) In each succeeding year, 350 scholarships to new
  917  scholars in the junior year and up to 350 renewal scholarships
  918  to the 350 rising seniors.
  919         (b) The corporation shall report to the Department of
  920  Education, by the date established by the department, the
  921  eligible students to whom scholarship moneys are disbursed each
  922  academic term and any other information requested by the
  923  department in accordance with s. 1009.94. By June 30 of each
  924  fiscal year, the corporation shall remit to the department any
  925  appropriated funds that were not distributed for scholarships,
  926  less the 5 percent for administration, including administration
  927  of the required training program, authorized pursuant to
  928  subsection (3).
  929         Section 25. Paragraph (e) of subsection (5) of section
  930  1009.701, Florida Statutes, is amended to read:
  931         1009.701 First Generation Matching Grant Program.—
  932         (5) In order to be eligible to receive a grant pursuant to
  933  this section, an applicant must:
  934         (e) Have met the eligibility requirements in s. 1009.50 for
  935  demonstrated financial need for the Florida Public Student
  936  Assistance Grant Program by completing the Free Application for
  937  Federal Student Aid.
  938         Section 26. Sections 1009.76 and 1009.765, Florida
  939  Statutes, are repealed.
  940         Section 27. Subsections (2) and (3) of section 1009.94,
  941  Florida Statutes, are amended to read:
  942         1009.94 Student financial assistance database.—
  943         (2) For purposes of this section, financial assistance
  944  includes:
  945         (a) For all students, any scholarship, grant, loan, fee
  946  waiver, tuition assistance payment, or other form of
  947  compensation provided from state or federal funds.
  948         (b) For students attending public institutions, any
  949  scholarship, grant, loan, fee waiver, tuition assistance
  950  payment, or other form of compensation supported by
  951  institutional funds.
  952         (c) Any financial assistance provided under s. 1009.50, s.
  953  1009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s.
  954  1009.55, s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s.
  955  1009.63, s. 1009.68, s. 1009.70, s. 1009.701, s. 1009.72, s.
  956  1009.73, s. 1009.74, s. 1009.77, s. 1009.89, or s. 1009.891.
  957         (3) The database must include records on any student
  958  receiving any form of financial assistance as described in
  959  subsection (2). Each institution Institutions participating in
  960  any state financial assistance program shall annually report
  961  submit such information to the Department of Education, by the
  962  date and in a format prescribed by the department and consistent
  963  with the provisions of s. 1002.22, the eligible students to whom
  964  financial assistance is disbursed each academic term, the
  965  eligibility requirements for recipients, and the aggregate
  966  demographics of recipients.
  967         Section 28. Paragraphs (a), (b), and (c) of subsection (2)
  968  of section 1009.98, Florida Statutes, are amended, and
  969  subsection (10) is added to that section, to read:
  970         1009.98 Stanley G. Tate Florida Prepaid College Program.—
  971         (2) PREPAID COLLEGE PLANS.—At a minimum, the board shall
  972  make advance payment contracts available for two independent
  973  plans to be known as the community college plan and the
  974  university plan. The board may also make advance payment
  975  contracts available for a dormitory residence plan. The board
  976  may restrict the number of participants in the community college
  977  plan, university plan, and dormitory residence plan,
  978  respectively. However, any person denied participation solely on
  979  the basis of such restriction shall be granted priority for
  980  participation during the succeeding year.
  981         (a)1. Through the community college plan, the advance
  982  payment contract may shall provide prepaid registration fees for
  983  a specified number of undergraduate semester credit hours not to
  984  exceed the average number of hours required for the conference
  985  of an associate degree. Qualified beneficiaries shall bear the
  986  cost of any laboratory fees associated with enrollment in
  987  specific courses. Each qualified beneficiary shall be classified
  988  as a resident for tuition purposes, pursuant to s. 1009.21,
  989  regardless of his or her actual legal residence.
  990         2. Effective July 1, 1998, the board may provide advance
  991  payment contracts for additional fees delineated in s. 1009.23,
  992  not to exceed the average number of hours required for the
  993  conference of an associate degree, in conjunction with advance
  994  payment contracts for registration fees. Community college plan
  995  contracts purchased prior to July 1, 1998, shall be limited to
  996  the payment of registration fees as defined in s. 1009.97.
  997         3. Effective July 1, 2009, the board may offer an advance
  998  payment contract for the community college plan covering prepaid
  999  registration fees and the fees authorized in s. 1009.23. Such a
 1000  contract may be offered in specific increments for use toward an
 1001  associate degree. The total number of hours purchased for a
 1002  qualified beneficiary may not exceed the average number of hours
 1003  required for the conference of an associate degree.
 1004         (b)1. Through the university plan, the advance payment
 1005  contract may shall provide prepaid registration fees for a
 1006  specified number of undergraduate semester credit hours not to
 1007  exceed the average number of hours required for the conference
 1008  of a baccalaureate degree. Qualified beneficiaries shall bear
 1009  the cost of any laboratory fees associated with enrollment in
 1010  specific courses. Each qualified beneficiary shall be classified
 1011  as a resident for tuition purposes pursuant to s. 1009.21,
 1012  regardless of his or her actual legal residence.
 1013         2. Effective July 1, 1998, the board may provide advance
 1014  payment contracts for additional fees delineated in s.
 1015  1009.24(9)-(12), for a specified number of undergraduate
 1016  semester credit hours not to exceed the average number of hours
 1017  required for the conference of a baccalaureate degree, in
 1018  conjunction with advance payment contracts for registration
 1019  fees. Such contracts shall provide prepaid coverage for the sum
 1020  of such fees, to a maximum of 45 percent of the cost of
 1021  registration fees. University plan contracts purchased prior to
 1022  July 1, 1998, shall be limited to the payment of registration
 1023  fees as defined in s. 1009.97.
 1024         3. Effective July 1, 2007, the board may provide advance
 1025  payment contracts for the tuition differential authorized in s.
 1026  1009.24(16) for a specified number of undergraduate semester
 1027  credit hours, which may not exceed the average number of hours
 1028  required for the conference of a baccalaureate degree, in
 1029  conjunction with advance payment contracts for registration
 1030  fees.
 1031         4. Effective July 1, 2009, the board may offer an advance
 1032  payment contract for the university plan covering prepaid
 1033  registration fees, the fees authorized in s. 1009.24(9)-(12),
 1034  and the tuition differential authorized in s. 1009.24(16). Such
 1035  a contract may be offered in specific increments for use toward
 1036  a baccalaureate degree. The total number of hours purchased for
 1037  a qualified beneficiary may not exceed the average number of
 1038  hours required for the conference of a baccalaureate degree.
 1039         (c) The cost of participation in contracts authorized under
 1040  paragraph (a) or paragraph (b) shall be based primarily on the
 1041  current and projected registration fees included in the plan
 1042  within the Florida Community College System or the State
 1043  University System, respectively, the number of credit hours or
 1044  semesters included in the plan, and the number of years expected
 1045  to elapse between the purchase of the plan on behalf of a
 1046  qualified beneficiary and the exercise of the benefits provided
 1047  in the plan by such beneficiary.
 1048         (10) PAYMENTS ON BEHALF OF QUALIFIED BENEFICIARIES.—
 1049         (a) As used in this subsection, the term:
 1050         1. “Actuarial reserve” means the amount by which the
 1051  expected value of the assets exceed the expected value of the
 1052  liabilities of the trust fund.
 1053         2. “Dormitory fees” means the fees included under advance
 1054  payment contracts pursuant to s. 1009.98(2)(d).
 1055         3. “Fiscal year” means the fiscal year of the state
 1056  pursuant to s. 215.01.
 1057         4. “Local fees” means the fees covered by an advance
 1058  payment contract provided pursuant to subparagraph (2)(b)2.
 1059         5. “Tuition differential” means the fee covered by advance
 1060  payment contracts sold pursuant to subparagraph (2)(b)3. The
 1061  base rate for the tuition differential fee for the 2012-2013
 1062  fiscal year is established at $37.03 per credit hour. The base
 1063  rate for the tuition differential in subsequent years is the
 1064  amount paid by the board for the tuition differential for the
 1065  preceding year adjusted pursuant to subparagraph (b)2.
 1066         (b) Effective with the 2009-2010 academic year and
 1067  thereafter, and notwithstanding the provisions of s. 1009.24,
 1068  the amount paid by the board to any state university on behalf
 1069  of a qualified beneficiary of an advance payment contract whose
 1070  contract was purchased before July 1, 2009, shall be:
 1071         1. As to registration fees, if the actuarial reserve is
 1072  less than 5 percent of the expected liabilities of the trust
 1073  fund, the board shall pay the state universities 5.5 percent
 1074  above the amount assessed for registration fees in the preceding
 1075  fiscal year. If the actuarial reserve is between 5 percent and 6
 1076  percent of the expected liabilities of the trust fund, the board
 1077  shall pay the state universities 6 percent above the amount
 1078  assessed for registration fees in the preceding fiscal year. If
 1079  the actuarial reserve is between 6 percent and 7.5 percent of
 1080  the expected liabilities of the trust fund, the board shall pay
 1081  the state universities 6.5 percent above the amount assessed for
 1082  registration fees in the preceding fiscal year. If the actuarial
 1083  reserve is equal to or greater than 7.5 percent of the expected
 1084  liabilities of the trust fund, the board shall pay the state
 1085  universities 7 percent above the amount assessed for
 1086  registration fees in the preceding fiscal year, whichever is
 1087  greater.
 1088         2. As to the tuition differential, if the actuarial reserve
 1089  is less than 5 percent of the expected liabilities of the trust
 1090  fund, the board shall pay the state universities 5.5 percent
 1091  above the base rate for the tuition differential fee in the
 1092  preceding fiscal year. If the actuarial reserve is between 5
 1093  percent and 6 percent of the expected liabilities of the trust
 1094  fund, the board shall pay the state universities 6 percent above
 1095  the base rate for the tuition differential fee in the preceding
 1096  fiscal year. If the actuarial reserve is between 6 percent and
 1097  7.5 percent of the expected liabilities of the trust fund, the
 1098  board shall pay the state universities 6.5 percent above the
 1099  base rate for the tuition differential fee in the preceding
 1100  fiscal year. If the actuarial reserve is equal to or greater
 1101  than 7.5 percent of the expected liabilities of the trust fund,
 1102  the board shall pay the state universities 7 percent above the
 1103  base rate for the tuition differential fee in the preceding
 1104  fiscal year.
 1105         3. As to local fees, the board shall pay the state
 1106  universities 5 percent above the amount assessed for local fees
 1107  in the preceding fiscal year.
 1108         4. As to dormitory fees, the board shall pay the state
 1109  universities 6 percent above the amount assessed for dormitory
 1110  fees in the preceding fiscal year.
 1111         5. Qualified beneficiaries of advance payment contracts
 1112  purchased before July 1, 2007, are exempt from paying any
 1113  tuition differential fee.
 1114         (c) The board shall pay state universities the actual
 1115  amount assessed in accordance with law for registration fees,
 1116  the tuition differential, local fees, and dormitory fees for
 1117  advance payment contracts purchased on or after July 1, 2009.
 1118         (d) The board shall annually evaluate or cause to be
 1119  evaluated the actuarial soundness of the trust fund.
 1120         Section 29. Effective upon this act becoming a law,
 1121  subsection (5) of section 1011.32, Florida Statutes, is amended
 1122  to read:
 1123         1011.32 Community College Facility Enhancement Challenge
 1124  Grant Program.—
 1125         (5) A project may not be initiated unless all private funds
 1126  for planning, construction, and equipping the facility have been
 1127  received and deposited in the direct-support organization’s
 1128  matching account for this purpose and the state’s share for the
 1129  minimum amount of funds needed to begin the project has been
 1130  appropriated by the Legislature. However, this requirement does
 1131  not preclude the community college or direct-support
 1132  organization from expending available funds from private sources
 1133  to develop a prospectus, including preliminary architectural
 1134  schematics or models, for use in its efforts to raise private
 1135  funds for a facility and for site preparation, planning, and
 1136  construction. The Legislature may appropriate the state’s
 1137  matching funds in one or more fiscal years for the planning,
 1138  construction, and equipping of an eligible facility. Each
 1139  community college shall notify all donors of private funds of a
 1140  substantial delay in the availability of state matching funds
 1141  for this program. However, these requirements shall not preclude
 1142  the community college or direct-support organization from
 1143  expending available funds from private sources to develop a
 1144  prospectus, including preliminary architectural schematics
 1145  and/or models, for use in its efforts to raise private funds for
 1146  a facility. Additionally, any private sources of funds expended
 1147  for this purpose are eligible for state matching funds should
 1148  the project materialize as provided for in this section.
 1149         Section 30. Section 1011.521, Florida Statutes, is created
 1150  to read:
 1151         1011.521 Appropriation to private colleges and
 1152  universities.—
 1153         (1) Subject to the provisions of this section, the
 1154  Legislature may provide an annual appropriation to support
 1155  Florida private colleges and universities. Such appropriations
 1156  may be used to provide access to Florida residents seeking a
 1157  postsecondary education, to fulfill the state’s need for
 1158  graduates in specific disciplines, and to support medical
 1159  research.
 1160         (2) Each institution receiving an appropriation under this
 1161  section shall submit a proposed expenditure plan to the
 1162  Department of Education by the date and in the format
 1163  established by the department.
 1164         (3) By September 1 of each fiscal year, each institution
 1165  receiving an appropriation under this section shall submit a
 1166  report to the Department of Education detailing expenditures of
 1167  the funds received under this section in the preceding fiscal
 1168  year. Any funds used to provide financial assistance to students
 1169  shall be reported to the department in accordance with s.
 1170  1009.94.
 1171         (4) An institution may not expend any of the funds received
 1172  under this section for the construction of any buildings.
 1173         Section 31. Subsection (4) of section 1011.83, Florida
 1174  Statutes, is amended to read:
 1175         1011.83 Financial support of community colleges.—
 1176         (4) State policy for funding for baccalaureate degree
 1177  programs approved pursuant to s. 1007.33 shall be as provided in
 1178  the General Appropriations Act to limit state support for
 1179  recurring operating purposes to no more than 85 percent of the
 1180  amount of state expenditures for direct instruction per credit
 1181  hour in upper-level state university programs. A community
 1182  college may temporarily exceed this limit due to normal
 1183  enrollment fluctuations or unforeseeable circumstances or while
 1184  phasing in new programs. This subsection does not authorize the
 1185  Department of Education to withhold legislative appropriations
 1186  to any community college.
 1187         Section 32. Subsection (12) is added to section 1011.85,
 1188  Florida Statutes, to read:
 1189         1011.85 Dr. Philip Benjamin Matching Grant Program for
 1190  Community Colleges.—
 1191         (12) Each community college shall notify all donors of
 1192  private funds of a substantial delay in the availability of
 1193  state matching funds for this program.
 1194         Section 33. Subsection (7) is added to section 1011.94,
 1195  Florida Statutes, to read:
 1196         1011.94 University Major Gifts Program.—
 1197         (7) Each university shall notify all donors of private
 1198  funds of a substantial delay in the availability of state
 1199  matching funds for this program.
 1200         Section 34. Section 1012.83, Florida Statutes, is amended
 1201  to read:
 1202         1012.83 Contracts with administrative and instructional
 1203  staff.—
 1204         (1) Each person employed in an administrative or
 1205  instructional capacity in a community college shall be entitled
 1206  to a contract as provided by rules of the State Board of
 1207  Education.
 1208         (2) A community college board of trustees may not enter
 1209  into an employment contract that requires the community college
 1210  to pay an employee an amount from appropriated state funds in
 1211  excess of 1 year of the employee’s annual salary for
 1212  termination, buy-out, or any other type of contract settlement.
 1213  This subsection does not prohibit the payment of leave and
 1214  benefits accrued by the employee in accordance with the
 1215  community college’s leave and benefits policies before the
 1216  contract terminates.
 1217         Section 35. Effective upon this act becoming a law,
 1218  subsection (5) of section 1013.79, Florida Statutes, is amended
 1219  to read:
 1220         1013.79 University Facility Enhancement Challenge Grant
 1221  Program.—
 1222         (5) A project may not be initiated unless all private funds
 1223  for planning, construction, and equipping the facility have been
 1224  received and deposited in the separate university program
 1225  account designated for this purpose. However, these requirements
 1226  do not preclude the university from expending funds derived from
 1227  private sources to develop a prospectus, including preliminary
 1228  architectural schematics or models, for use in its efforts to
 1229  raise private funds for a facility, and for site preparation,
 1230  planning, and construction and the state’s share for the minimum
 1231  amount of funds needed to begin the project has been
 1232  appropriated by the Legislature. The Board of Governors shall
 1233  establish a method for validating the receipt and deposit of
 1234  private matching funds. The Legislature may appropriate the
 1235  state’s matching funds in one or more fiscal years for the
 1236  planning, construction, and equipping of an eligible facility.
 1237  Each university shall notify all donors of private funds of a
 1238  substantial delay in the availability of state matching funds
 1239  for this program. However, these requirements shall not preclude
 1240  the university from expending available funds from private
 1241  sources to develop a prospectus, including preliminary
 1242  architectural schematics or models, for use in its efforts to
 1243  raise private funds for a facility. Additionally, any private
 1244  sources of funds expended for this purpose are eligible for
 1245  state matching funds should the project materialize as provided
 1246  for in this section.
 1247         Section 36. Notwithstanding s. 1009.24(4)(d), Florida
 1248  Statutes, Florida State University is authorized to exceed the 5
 1249  percent cap on annual increases to the aggregate sum of activity
 1250  and service, health, and athletic fees for the 2009-2010 fiscal
 1251  year for the purpose of increasing the health fee. Revenue
 1252  generated by the increase in the health fee shall be used to
 1253  construct a health service center. Any increase in the health
 1254  fee must be approved by the health committee pursuant to s.
 1255  1009.24(11), Florida Statutes.
 1256         Section 37. A state university may not enact any policy
 1257  that requires students to have health insurance coverage, unless
 1258  such policy was in place before May 5, 2009. This section
 1259  expires July 1, 2010.
 1260         Section 38. Except as otherwise expressly provided in this
 1261  act and except for this section, which shall take effect upon
 1262  becoming a law, this act shall take effect July 1, 2009.

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