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       Florida Senate - 2010                             CS for SB 1344
       
       
       
       By the Committee on Higher Education Appropriations; and Senator
       Lynn
       
       
       
       605-03215A-10                                         20101344c1
    1                        A bill to be entitled                      
    2         An act relating to higher education; amending s.
    3         295.02, F.S.; revising provisions relating to the use
    4         of funds for providing educational opportunities and
    5         benefits to dependent children or spouses of deceased
    6         or disabled veterans; amending s. 440.491, F.S.;
    7         revising provisions relating to the training and
    8         education of injured employees; providing that
    9         training and education services may be secured from
   10         additional providers under certain circumstances;
   11         amending s. 1000.04, F.S.; revising provisions
   12         relating to public postsecondary educational
   13         institutions to include charter technical career
   14         centers and career centers operated by a school
   15         district; deleting a reference to workforce education;
   16         amending s. 1001.74, F.S.; revising the powers and
   17         duties of university boards of trustees relating to a
   18         university’s contracting authority; amending s.
   19         1004.085, F.S.; revising provisions relating to
   20         textbook affordability and the policies, procedures,
   21         and guidelines adopted by the State Board of Education
   22         and the Board of Governors; requiring policies that
   23         encourage the use of open-access textbooks; amending
   24         s. 1004.091, F.S.; revising provisions relating to the
   25         duties of the Florida Distance Learning Consortium;
   26         delaying provisions that require the consortium to
   27         develop a plan for implementing an online registration
   28         process for undergraduate students to enroll in a
   29         course listed in the Florida Higher Education Distance
   30         Learning Catalog; requiring that such plan address
   31         specified policy areas; amending s. 1009.21, F.S.;
   32         revising provisions relating to the determination of
   33         resident status for tuition purposes to include
   34         charter technical career centers and career centers
   35         operated by school districts; revising definitions to
   36         conform to changes made by the act; amending s.
   37         1009.22, F.S.; revising provisions relating to
   38         workforce education postsecondary student fees;
   39         providing that enrollments in continuing workforce
   40         education course may not be counted for purposes of
   41         funding full-time equivalent enrollment; creating s.
   42         1006.72, F.S.; providing legislative findings
   43         regarding the licensing of electronic library
   44         resources; requiring that the library staff of state
   45         universities, colleges, school districts, and public
   46         libraries implement an annual process identifying
   47         electronic library resources for specified core
   48         categories; amending s. 1009.24, F.S.; revising
   49         provisions relating to state university student fees;
   50         authorizing the University of Florida to implement the
   51         tuition differential as a block tuition set at a
   52         specified number of hours for certain students;
   53         amending s. 1009.53, F.S.; revising provisions
   54         relating to the Florida Bright Futures Scholarship
   55         Program; requiring that students submit the Free
   56         Application for Federal Student Aid, along with a
   57         valid expected family contribution, in order to be
   58         eligible for the scholarship award; amending s.
   59         1009.531, F.S.; revising the renewal period during
   60         which a student is eligible to receive the Florida
   61         Bright Futures Scholarship award after high school
   62         graduation; requiring that the State Board of
   63         Education base the eligibility of students to receive
   64         a Florida Academic Scholars award on SAT percentile
   65         ranks; amending s. 1009.532, F.S.; specifying
   66         circumstances under which a Florida Bright Futures
   67         Scholarship award may be renewed following its
   68         nonrenewal due to insufficient grades; reducing the
   69         maximum number of credit hours for which certain
   70         students may receive a scholarship award; amending s.
   71         1009.534, F.S., relating to the Florida Academic
   72         Scholars award; removing a obsolete provision;
   73         removing the scheduled expiration of provisions
   74         requiring that the amount of the award be specified in
   75         the General Appropriations Act; creating s. 1009.5341,
   76         F.S.; providing that recipients of the Florida Bright
   77         Futures Scholarship award may use the unused portion
   78         of their award toward graduate study; providing
   79         certain limitations; amending s. 1009.535, F.S.;
   80         removing the scheduled expiration of provisions
   81         requiring that the amount of the Florida Medallion
   82         Scholar award be specified in the General
   83         Appropriations Act; amending s. 1009.536, F.S.;
   84         reducing the maximum number of credit hours that
   85         certain students may earn under the Florida Gold Seal
   86         Vocational Scholars award; removing the scheduled
   87         expiration of provisions requiring that the amount of
   88         the award be specified in the General Appropriations
   89         Act; repealing s. 1009.5385, F.S., relating to
   90         criteria for the use of certain scholarship funds by
   91         children of deceased or disabled veterans; amending s.
   92         1009.72, F.S.; revising provisions relating to the
   93         Jose Marti Scholarship Challenge Grant Program;
   94         removing provisions that provide for funds
   95         appropriated by the Legislature for the program to be
   96         deposited into the State Student Financial Assistance
   97         Trust Fund; requiring that funds deposited into such
   98         trust fund be invested; authorizing the Legislature to
   99         appropriate funds from the General Revenue Fund;
  100         amending s. 1009.73, F.S.; revising provisions
  101         relating to the Mary McLeod Bethune Scholarship
  102         Program; removing provisions that provide for funds
  103         appropriated by the Legislature for the program to be
  104         deposited into the State Student Financial Assistance
  105         Trust Fund; requiring that funds deposited into such
  106         trust fund be invested; authorizing the Legislature to
  107         appropriate funds from the General Revenue Fund;
  108         amending s. 1010.62, F.S.; defining the term
  109         “auxiliary enterprise” for purposes of capital outlay
  110         projects financed pursuant to the State Bond Act;
  111         amending s. 1010.87, F.S., relating to the Workers’
  112         Compensation Administration Trust Fund within the
  113         Department of Education; providing for the reversion
  114         of certain funds at the end of the fiscal year;
  115         amending s. 1011.80, F.S.; revising provisions
  116         relating to funds for the operation of workforce
  117         education programs; requiring that expenditure for
  118         such programs be supported by fees; providing that
  119         enrollment in continuing workforce education courses
  120         may not be counted for purposes of funding full-time
  121         equivalent enrollment; creating s. 1012.885, F.S.;
  122         providing definitions; providing a limitation on the
  123         compensation paid to community college presidents;
  124         providing exceptions; requiring that the Office of
  125         Program Policy Analysis and Government Accountability
  126         conduct a review of public school adult workforce
  127         education programs and community college and state
  128         college workforce education programs; requiring that
  129         the results of such review be submitted to the
  130         Legislature by a specified date; providing an
  131         effective date.
  132  
  133  Be It Enacted by the Legislature of the State of Florida:
  134  
  135         Section 1. Section 295.02, Florida Statutes, is amended to
  136  read:
  137         295.02 Use of funds; age, etc.—
  138         (1) Sums appropriated and expended to carry out the
  139  provisions of s. 295.01(1) shall be used to pay an award equal
  140  to the amount of tuition and required registration fees as
  141  defined by the department or an amount specified in the General
  142  Appropriations Act tuition and registration fees, board, and
  143  room rent and to buy books and supplies for the children or
  144  spouses of deceased or disabled veterans or servicemembers, as
  145  defined and limited in s. 295.01, s. 295.016, s. 295.017, s.
  146  295.018, s. 295.0185, s. 295.019, or s. 295.0195, or of parents
  147  classified as prisoners of war or missing in action, as defined
  148  and limited in s. 295.015, who are between the ages of 16 and 22
  149  years and who are in attendance at an eligible postsecondary
  150  education a state-supported institution as defined in s. 295.04
  151  of higher learning, including a community college or career
  152  center. Any child having entered upon a course of training or
  153  education under the provisions of this chapter, consisting of a
  154  course of not more than 4 years, and arriving at the age of 22
  155  years before the completion of such course may continue the
  156  course and receive all benefits of the provisions of this
  157  chapter until the course is completed.
  158         (2) Sums appropriated and expended to carry out the
  159  provisions of s. 295.01(2) shall be used to pay tuition and
  160  registration fees, board, and room rent and to buy books and
  161  supplies for the spouses of deceased or disabled veterans or
  162  servicemembers, as defined and limited in s. 295.01, who are
  163  enrolled at an eligible postsecondary education a state
  164  supported institution as defined in s. 295.04 of higher
  165  learning, including a community college or career center.
  166         (3) Notwithstanding the benefits-disbursement provision in
  167  s. 295.04, such funds shall be applicable for up to 110 percent
  168  of the number of required credit hours of an initial
  169  baccalaureate degree or certificate program for which the
  170  student spouse is enrolled.
  171         (4)(3) The Department of Education shall administer this
  172  educational program subject to regulations of the department.
  173         Section 2. Paragraph (a) of subsection (6) of section
  174  440.491, Florida Statutes, is amended to read:
  175         440.491 Reemployment of injured workers; rehabilitation.—
  176         (6) TRAINING AND EDUCATION.—
  177         (a) Upon referral of an injured employee by the carrier, or
  178  upon the request of an injured employee, the department shall
  179  conduct a training and education screening to determine whether
  180  it should refer the employee for a vocational evaluation and, if
  181  appropriate, approve training and education or other vocational
  182  services for the employee. The department may not approve formal
  183  training and education programs unless it determines, after
  184  consideration of the reemployment assessment, pertinent
  185  reemployment status reviews or reports, and such other relevant
  186  factors as it prescribes by rule, that the reemployment plan is
  187  likely to result in return to suitable gainful employment. The
  188  department is authorized to expend moneys from the Workers’
  189  Compensation Administration Trust Fund, established by s.
  190  440.50, to secure appropriate training and education at a
  191  Florida public community college as designated in s. 1000.21(3)
  192  or at a career center established under s. 1001.44, or to secure
  193  other vocational services when necessary to satisfy the
  194  recommendation of a vocational evaluator. As used in this
  195  paragraph, “appropriate training and education” includes
  196  securing a general education diploma (GED), if necessary. The
  197  department shall establish training and education standards
  198  pertaining to employee eligibility, course curricula and
  199  duration, and associated costs. For purposes of this subsection,
  200  training and education services may be secured from additional
  201  providers if:
  202         1. The injured employee currently holds an associate degree
  203  and requests to earn a bachelor’s degree not offered by a
  204  Florida public college located within 50 miles from his or her
  205  customary residence;
  206         2. The injured employee’s enrollment in an education or
  207  training program in a Florida public college or career center
  208  would be significantly delayed; or
  209         3. The most appropriate training and education program is
  210  available only through a provider other than a Florida public
  211  college or career center or at a Florida public college or
  212  career center located more than 50 miles away from the injured
  213  employee’s customary residence.
  214         Section 3. Subsection (2) of section 1000.04, Florida
  215  Statutes, is amended to read:
  216         1000.04 Components for the delivery of public education
  217  within the Florida K-20 education system.—Florida’s K-20
  218  education system provides for the delivery of public education
  219  through publicly supported and controlled K-12 schools,
  220  community colleges, state universities and other postsecondary
  221  educational institutions, other educational institutions, and
  222  other educational services as provided or authorized by the
  223  Constitution and laws of the state.
  224         (2) PUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS.—Public
  225  postsecondary educational institutions include charter technical
  226  career centers; career centers operated by a school district
  227  workforce education; community colleges; colleges; state
  228  universities; and all other state-supported postsecondary
  229  educational institutions that are authorized and established by
  230  law.
  231         Section 4. Paragraph (a) of subsection (2) of section
  232  1001.74, Florida Statutes, is amended to read:
  233         1001.74 Powers and duties of university boards of
  234  trustees.—
  235         (2) POWERS AND DUTIES RELATING TO ORGANIZATION AND
  236  OPERATION OF STATE UNIVERSITIES.—
  237         (a) Each board of trustees constitutes the contracting
  238  agent of the university. Each university shall comply with the
  239  provisions of s. 287.055 for the procurement of professional
  240  services and may approve and execute all contracts for planning,
  241  construction, and equipment. For the purpose of a university’s
  242  contracting authority, a “continuing contract” for professional
  243  services under the provisions of s. 287.055 is one in which
  244  construction costs do not exceed $2 $1 million or the fee for
  245  study activity does not exceed $200,000 $100,000. Contracts
  246  executed pursuant to this paragraph are subject to the
  247  requirements of s. 1010.62.
  248         Section 5. Subsection (4) of section 1004.085, Florida
  249  Statutes, is amended to read:
  250         1004.085 Textbook affordability.—
  251         (4) By March 1, 2009, The State Board of Education and the
  252  Board of Governors each shall adopt policies, procedures, and
  253  guidelines for implementation by community colleges and state
  254  universities, respectively, that further efforts to minimize the
  255  cost of textbooks for students attending such institutions while
  256  maintaining the quality of education and academic freedom. The
  257  policies, procedures, and guidelines shall provide for the
  258  following:
  259         (a) That textbook adoptions are made with sufficient lead
  260  time to bookstores so as to confirm availability of the
  261  requested materials and, where possible, ensure maximum
  262  availability of used books.
  263         (b) That, in the textbook adoption process, the intent to
  264  use all items ordered, particularly each individual item sold as
  265  part of a bundled package, is confirmed by the course instructor
  266  or the academic department offering the course before the
  267  adoption is finalized.
  268         (c) That a course instructor or the academic department
  269  offering the course determines, before a textbook is adopted,
  270  the extent to which a new edition differs significantly and
  271  substantively from earlier versions and the value of changing to
  272  a new edition or the extent to which an open-access textbook may
  273  exist and be used.
  274         (d) That the establishment of policies shall address the
  275  availability of required textbooks to students otherwise unable
  276  to afford the cost, including consideration of the extent to
  277  which an open-access textbook may be used.
  278         (e) That encourages course instructors and academic
  279  departments to participate in the development, adaptation, and
  280  review of open-access textbooks, in particular, open-access
  281  textbooks for high-demand general education courses.
  282         Section 6. Paragraph (b) of subsection (2) of section
  283  1004.091, Florida Statutes, is amended to read:
  284         1004.091 Florida Distance Learning Consortium.—
  285         (2) The Florida Distance Learning Consortium shall:
  286         (b) Develop, in consultation with the Florida College
  287  System and the State University System, a plan to be submitted
  288  to the Board of Governors, the State Board of Education, the
  289  Governor, the President of the Senate, and the Speaker of the
  290  House of Representatives no later than December March 1, 2010,
  291  for implementing. The plan must address the implementation of a
  292  streamlined, automated, online registration process for
  293  undergraduate students who have been admitted to a public
  294  postsecondary educational institution and who wish to enroll in
  295  a course listed in the Florida Higher Education Distance
  296  Learning Catalog, including courses offered by an institution
  297  that is not the student’s degree-granting or home institution.
  298  The plan must describe how such a registration process can be
  299  implemented by the 2011-2012 academic year as an alternative to
  300  the standard registration process of each institution. The plan
  301  must also address:
  302         1. Fiscal and substantive policy changes needed to address
  303  administrative, academic, and programmatic policies and
  304  procedures. Policy areas that the plan must address include, but
  305  need not be limited to, student financial aid issues, variations
  306  in fees, admission and readmission, registration-prioritization
  307  issues, transfer of credit, and graduation requirements, with
  308  specific attention given to creating recommended guidelines that
  309  address students who attend more than one institution in pursuit
  310  of a degree.
  311         2. A method for the expedited transfer of distance learning
  312  course credit awarded by an institution offering a distance
  313  learning course to a student’s degree-granting or home
  314  institution upon the student’s successful completion of the
  315  distance learning course.
  316         3. Compliance with applicable technology security standards
  317  and guidelines to ensure the secure transmission of student
  318  information.
  319         Section 7. Section 1009.21, Florida Statutes, is amended to
  320  read:
  321         1009.21 Determination of resident status for tuition
  322  purposes.—Students shall be classified as residents or
  323  nonresidents for the purpose of assessing tuition in charter
  324  technical centers, career centers operated by school districts,
  325  community colleges, and state universities.
  326         (1) As used in this section, the term:
  327         (a) “Dependent child” means any person, whether or not
  328  living with his or her parent, who is eligible to be claimed by
  329  his or her parent as a dependent under the federal income tax
  330  code.
  331         (b) “Initial enrollment” means the first day of class at an
  332  institution of higher education.
  333         (c) “Institution of higher education” means any charter
  334  technical career center as defined in s. 1002.34, career center
  335  operated by a school district as defined in s. 1001.44,
  336  community college as defined in s. 1000.21(3), or state
  337  university as defined in s. 1000.21(6).
  338         (d) “Legal resident” or “resident” means a person who has
  339  maintained his or her residence in this state for the preceding
  340  year, has purchased a home which is occupied by him or her as
  341  his or her residence, or has established a domicile in this
  342  state pursuant to s. 222.17.
  343         (e) “Nonresident for tuition purposes” means a person who
  344  does not qualify for the in-state tuition rate.
  345         (f) “Parent” means the natural or adoptive parent or legal
  346  guardian of a dependent child.
  347         (g) “Resident for tuition purposes” means a person who
  348  qualifies as provided in this section for the in-state tuition
  349  rate.
  350         (2)(a) To qualify as a resident for tuition purposes:
  351         1. A person or, if that person is a dependent child, his or
  352  her parent or parents must have established legal residence in
  353  this state and must have maintained legal residence in this
  354  state for at least 12 consecutive months immediately prior to
  355  his or her initial enrollment in an institution of higher
  356  education.
  357         2. Every applicant for admission to an institution of
  358  higher education shall be required to make a statement as to his
  359  or her length of residence in the state and, further, shall
  360  establish that his or her presence or, if the applicant is a
  361  dependent child, the presence of his or her parent or parents in
  362  the state currently is, and during the requisite 12-month
  363  qualifying period was, for the purpose of maintaining a bona
  364  fide domicile, rather than for the purpose of maintaining a mere
  365  temporary residence or abode incident to enrollment in an
  366  institution of higher education.
  367         (b) However, with respect to a dependent child living with
  368  an adult relative other than the child’s parent, such child may
  369  qualify as a resident for tuition purposes if the adult relative
  370  is a legal resident who has maintained legal residence in this
  371  state for at least 12 consecutive months immediately prior to
  372  the child’s initial enrollment in an institution of higher
  373  education, provided the child has resided continuously with such
  374  relative for the 5 years immediately prior to the child’s
  375  initial enrollment in an institution of higher education, during
  376  which time the adult relative has exercised day-to-day care,
  377  supervision, and control of the child.
  378         (c) The legal residence of a dependent child whose parents
  379  are divorced, separated, or otherwise living apart will be
  380  deemed to be this state if either parent is a legal resident of
  381  this state, regardless of which parent is entitled to claim, and
  382  does in fact claim, the minor as a dependent pursuant to federal
  383  individual income tax provisions.
  384         (3)(a) An individual shall not be classified as a resident
  385  for tuition purposes and, thus, shall not be eligible to receive
  386  the in-state tuition rate until he or she has provided such
  387  evidence related to legal residence and its duration or, if that
  388  individual is a dependent child, evidence of his or her parent’s
  389  legal residence and its duration, as may be required by law and
  390  by officials of the institution of higher education from which
  391  he or she seeks the in-state tuition rate.
  392         (b) Except as otherwise provided in this section, evidence
  393  of legal residence and its duration shall include clear and
  394  convincing documentation that residency in this state was for a
  395  minimum of 12 consecutive months prior to a student’s initial
  396  enrollment in an institution of higher education.
  397         (c) Each institution of higher education shall
  398  affirmatively determine that an applicant who has been granted
  399  admission to that institution as a Florida resident meets the
  400  residency requirements of this section at the time of initial
  401  enrollment. The residency determination must be documented by
  402  the submission of written or electronic verification that
  403  includes two or more of the documents identified in this
  404  paragraph. No single piece of evidence shall be conclusive.
  405         1. The documents must include at least one of the
  406  following:
  407         a. A Florida voter’s registration card.
  408         b. A Florida driver’s license.
  409         c. A State of Florida identification card.
  410         d. A Florida vehicle registration.
  411         e. Proof of a permanent home in Florida which is occupied
  412  as a primary residence by the individual or by the individual’s
  413  parent if the individual is a dependent child.
  414         f. Proof of a homestead exemption in Florida.
  415         g. Transcripts from a Florida high school for multiple
  416  years if the Florida high school diploma or GED was earned
  417  within the last 12 months.
  418         h. Proof of permanent full-time employment in Florida for
  419  at least 30 hours per week for a 12-month period.
  420         2. The documents may include one or more of the following:
  421         a. A declaration of domicile in Florida.
  422         b. A Florida professional or occupational license.
  423         c. Florida incorporation.
  424         d. A document evidencing family ties in Florida.
  425         e. Proof of membership in a Florida-based charitable or
  426  professional organization.
  427         f. Any other documentation that supports the student’s
  428  request for resident status, including, but not limited to,
  429  utility bills and proof of 12 consecutive months of payments; a
  430  lease agreement and proof of 12 consecutive months of payments;
  431  or an official state, federal, or court document evidencing
  432  legal ties to Florida.
  433         (4) With respect to a dependent child, the legal residence
  434  of the dependent child’s parent or parents is prima facie
  435  evidence of the dependent child’s legal residence, which
  436  evidence may be reinforced or rebutted, relative to the age and
  437  general circumstances of the dependent child, by the other
  438  evidence of legal residence required of or presented by the
  439  dependent child. However, the legal residence of a dependent
  440  child’s parent or parents who are domiciled outside this state
  441  is not prima facie evidence of the dependent child’s legal
  442  residence if that dependent child has lived in this state for 5
  443  consecutive years prior to enrolling or reregistering at the
  444  institution of higher education at which resident status for
  445  tuition purposes is sought.
  446         (5) In making a domiciliary determination related to the
  447  classification of a person as a resident or nonresident for
  448  tuition purposes, the domicile of a married person, irrespective
  449  of sex, shall be determined, as in the case of an unmarried
  450  person, by reference to all relevant evidence of domiciliary
  451  intent. For the purposes of this section:
  452         (a) A person shall not be precluded from establishing or
  453  maintaining legal residence in this state and subsequently
  454  qualifying or continuing to qualify as a resident for tuition
  455  purposes solely by reason of marriage to a person domiciled
  456  outside this state, even when that person’s spouse continues to
  457  be domiciled outside of this state, provided such person
  458  maintains his or her legal residence in this state.
  459         (b) A person shall not be deemed to have established or
  460  maintained a legal residence in this state and subsequently to
  461  have qualified or continued to qualify as a resident for tuition
  462  purposes solely by reason of marriage to a person domiciled in
  463  this state.
  464         (c) In determining the domicile of a married person,
  465  irrespective of sex, the fact of the marriage and the place of
  466  domicile of such person’s spouse shall be deemed relevant
  467  evidence to be considered in ascertaining domiciliary intent.
  468         (6)(a) Except as otherwise provided in this section, a
  469  person who is classified as a nonresident for tuition purposes
  470  may become eligible for reclassification as a resident for
  471  tuition purposes if that person or, if that person is a
  472  dependent child, his or her parent presents clear and convincing
  473  documentation that supports permanent legal residency in this
  474  state for at least 12 consecutive months rather than temporary
  475  residency for the purpose of pursuing an education, such as
  476  documentation of full-time permanent employment for the prior 12
  477  months or the purchase of a home in this state and residence
  478  therein for the prior 12 months while not enrolled in an
  479  institution of higher education.
  480         (b) If a person who is a dependent child and his or her
  481  parent move to this state while such child is a high school
  482  student and the child graduates from a high school in this
  483  state, the child may become eligible for reclassification as a
  484  resident for tuition purposes when the parent submits evidence
  485  that the parent qualifies for permanent residency.
  486         (c) If a person who is a dependent child and his or her
  487  parent move to this state after such child graduates from high
  488  school, the child may become eligible for reclassification as a
  489  resident for tuition purposes after the parent submits evidence
  490  that he or she has established legal residence in the state and
  491  has maintained legal residence in the state for at least 12
  492  consecutive months.
  493         (d) A person who is classified as a nonresident for tuition
  494  purposes and who marries a legal resident of the state or
  495  marries a person who becomes a legal resident of the state may,
  496  upon becoming a legal resident of the state, become eligible for
  497  reclassification as a resident for tuition purposes upon
  498  submitting evidence of his or her own legal residency in the
  499  state, evidence of his or her marriage to a person who is a
  500  legal resident of the state, and evidence of the spouse’s legal
  501  residence in the state for at least 12 consecutive months
  502  immediately preceding the application for reclassification.
  503         (7) A person shall not lose his or her resident status for
  504  tuition purposes solely by reason of serving, or, if such person
  505  is a dependent child, by reason of his or her parent’s or
  506  parents’ serving, in the Armed Forces outside this state.
  507         (8) A person who has been properly classified as a resident
  508  for tuition purposes but who, while enrolled in an institution
  509  of higher education in this state, loses his or her resident
  510  tuition status because the person or, if he or she is a
  511  dependent child, the person’s parent or parents establish
  512  domicile or legal residence elsewhere shall continue to enjoy
  513  the in-state tuition rate for a statutory grace period, which
  514  period shall be measured from the date on which the
  515  circumstances arose that culminated in the loss of resident
  516  tuition status and shall continue for 12 months. However, if the
  517  12-month grace period ends during a semester or academic term
  518  for which such former resident is enrolled, such grace period
  519  shall be extended to the end of that semester or academic term.
  520         (9) Any person who ceases to be enrolled at or who
  521  graduates from an institution of higher education while
  522  classified as a resident for tuition purposes and who
  523  subsequently abandons his or her domicile in this state shall be
  524  permitted to reenroll at an institution of higher education in
  525  this state as a resident for tuition purposes without the
  526  necessity of meeting the 12-month durational requirement of this
  527  section if that person has reestablished his or her domicile in
  528  this state within 12 months of such abandonment and continuously
  529  maintains the reestablished domicile during the period of
  530  enrollment. The benefit of this subsection shall not be accorded
  531  more than once to any one person.
  532         (10) The following persons shall be classified as residents
  533  for tuition purposes:
  534         (a) Active duty members of the Armed Services of the United
  535  States residing or stationed in this state, their spouses, and
  536  dependent children, and active drilling members of the Florida
  537  National Guard.
  538         (b) Active duty members of the Armed Services of the United
  539  States and their spouses and dependents attending a public
  540  community college or state university within 50 miles of the
  541  military establishment where they are stationed, if such
  542  military establishment is within a county contiguous to Florida.
  543         (c) United States citizens living on the Isthmus of Panama,
  544  who have completed 12 consecutive months of college work at the
  545  Florida State University Panama Canal Branch, and their spouses
  546  and dependent children.
  547         (d) Full-time instructional and administrative personnel
  548  employed by state public schools and institutions of higher
  549  education and their spouses and dependent children.
  550         (e) Students from Latin America and the Caribbean who
  551  receive scholarships from the federal or state government. Any
  552  student classified pursuant to this paragraph shall attend, on a
  553  full-time basis, a Florida institution of higher education.
  554         (f) Southern Regional Education Board’s Academic Common
  555  Market graduate students attending Florida’s state universities.
  556         (g) Full-time employees of state agencies or political
  557  subdivisions of the state when the student fees are paid by the
  558  state agency or political subdivision for the purpose of job
  559  related law enforcement or corrections training.
  560         (h) McKnight Doctoral Fellows and Finalists who are United
  561  States citizens.
  562         (i) United States citizens living outside the United States
  563  who are teaching at a Department of Defense Dependent School or
  564  in an American International School and who enroll in a graduate
  565  level education program which leads to a Florida teaching
  566  certificate.
  567         (j) Active duty members of the Canadian military residing
  568  or stationed in this state under the North American Air Defense
  569  (NORAD) agreement, and their spouses and dependent children,
  570  attending a community college or state university within 50
  571  miles of the military establishment where they are stationed.
  572         (k) Active duty members of a foreign nation’s military who
  573  are serving as liaison officers and are residing or stationed in
  574  this state, and their spouses and dependent children, attending
  575  a community college or state university within 50 miles of the
  576  military establishment where the foreign liaison officer is
  577  stationed.
  578         (11) Each institution of higher education shall establish a
  579  residency appeal committee comprised of at least three members
  580  to consider student appeals of residency determinations, in
  581  accordance with the institution’s official appeal process. The
  582  residency appeal committee must render to the student the final
  583  residency determination in writing. The institution must advise
  584  the student of the reasons for the determination.
  585         (12) The State Board of Education and the Board of
  586  Governors shall adopt rules to implement this section.
  587         Section 8. Paragraph (b) of subsection (3) of section
  588  1009.22, Florida Statutes, is amended to read:
  589         1009.22 Workforce education postsecondary student fees.—
  590         (3)
  591         (b) Fees for continuing workforce education shall be
  592  locally determined by the district school board or community
  593  college board. However, at least 50 percent of the Expenditures
  594  for the continuing workforce education program provided by the
  595  community college or school district must be fully supported by
  596  derived from fees. Enrollments in continuing workforce education
  597  courses may not be counted for purposes of funding full-time
  598  equivalent enrollment.
  599         Section 9. Section 1006.72, Florida Statutes, is created to
  600  read:
  601         1006.72 Licensing electronic library resources.—The
  602  Legislature finds that the most cost-efficient and cost
  603  effective means of licensing electronic library resources
  604  requires that state universities and colleges collaborate with
  605  school districts and public libraries in the identification and
  606  acquisition of resources needed by more than one sector. The
  607  appropriate library staff from the state universities, colleges,
  608  school districts, and public libraries shall implement an annual
  609  process that identifies the electronic library resources for
  610  each of the core categories established in this section. To the
  611  extent possible, the Florida Center for Library Automation, the
  612  College Center for Library Automation, and the Division of
  613  Library and Information Services within the Department of State
  614  shall jointly coordinate this annual process.
  615         (1) STATEWIDE CORE CATEGORY.—For purposes of licensing
  616  electronic library resources of the Florida Electronic Library,
  617  library representatives from the public libraries, school
  618  districts, colleges, and state universities shall identify those
  619  resources that comprise the statewide core that will be
  620  available to all students, teachers, and residents of the state.
  621         (2) POSTSECONDARY EDUCATION CORE CATEGORY.—From funds
  622  appropriated to the Florida Center for Library Automation and
  623  the College Center for Library Automation for licensing the
  624  electronic library resources required by both systems, state
  625  university and college library staff shall identify the
  626  postsecondary education core that shall be available to all
  627  postsecondary students.
  628         (3) FOUR-YEAR DEGREE CORE CATEGORY.—From funds appropriated
  629  to the Florida Center for Library Automation for licensing
  630  electronic library resources beyond the postsecondary education
  631  core, state university library staff, in consultation with
  632  applicable college library staff, shall identify those resources
  633  that comprise the 4-year degree core that shall be available to
  634  all 4-year degree-seeking students in the college and state
  635  university systems. The Florida Center for Library Automation
  636  shall include in the negotiated pricing model any college
  637  interested in licensing resources.
  638         (4) TWO-YEAR DEGREE CORE CATEGORY.—From funds appropriated
  639  to the College Center for Library Automation for licensing
  640  electronic library resources beyond the postsecondary education
  641  core, college library staff shall identify those resources that
  642  comprise the college core that shall be available to all college
  643  students. The College Center for Library Automation shall
  644  include in the negotiated pricing model any state university
  645  interested in licensing a resource.
  646         Section 10. Paragraph (b) of subsection (16) of section
  647  1009.24, Florida Statutes, is amended to read:
  648         1009.24 State university student fees.—
  649         (16) Each university board of trustees may establish a
  650  tuition differential for undergraduate courses upon receipt of
  651  approval from the Board of Governors. The tuition differential
  652  shall promote improvements in the quality of undergraduate
  653  education and shall provide financial aid to undergraduate
  654  students who exhibit financial need.
  655         (b) Each tuition differential is subject to the following
  656  conditions:
  657         1. The tuition differential may be assessed on one or more
  658  undergraduate courses or on all undergraduate courses at a state
  659  university.
  660         2. The tuition differential may vary by course or courses,
  661  campus or center location, and by institution. Each university
  662  board of trustees shall strive to maintain and increase
  663  enrollment in degree programs related to math, science, high
  664  technology, and other state or regional high-need fields when
  665  establishing tuition differentials by course.
  666         3. The tuition differential may be implemented by the
  667  University of Florida as a block tuition set at 15 hours for
  668  students registered for 11 to 19 hours.
  669         4.3. For each state university that has total research and
  670  development expenditures for all fields of at least $100 million
  671  per year as reported annually to the National Science
  672  Foundation, the aggregate sum of tuition and the tuition
  673  differential may not be increased by more than 15 percent of the
  674  total charged for the aggregate sum of these fees in the
  675  preceding fiscal year. For each state university that has total
  676  research and development expenditures for all fields of less
  677  than $100 million per year as reported annually to the National
  678  Science Foundation, the aggregate sum of tuition and the tuition
  679  differential may not be increased by more than 15 percent of the
  680  total charged for the aggregate sum of these fees in the
  681  preceding fiscal year.
  682         5.4. The aggregate sum of undergraduate tuition and fees
  683  per credit hour, including the tuition differential, may not
  684  exceed the national average of undergraduate tuition and fees at
  685  4-year degree-granting public postsecondary educational
  686  institutions.
  687         6.5. The tuition differential may not be calculated as a
  688  part of the scholarship programs established in ss. 1009.53
  689  1009.538.
  690         7.6. Beneficiaries having prepaid tuition contracts
  691  pursuant to s. 1009.98(2)(b) which were in effect on July 1,
  692  2007, and which remain in effect, are exempt from the payment of
  693  the tuition differential.
  694         8.7. The tuition differential may not be charged to any
  695  student who was in attendance at the university before July 1,
  696  2007, and who maintains continuous enrollment.
  697         9.8. The tuition differential may be waived by the
  698  university for students who meet the eligibility requirements
  699  for the Florida public student assistance grant established in
  700  s. 1009.50.
  701         10.9. Subject to approval by the Board of Governors, the
  702  tuition differential authorized pursuant to this subsection may
  703  take effect with the 2009 fall term.
  704         Section 11. Subsection (3) of section 1009.53, Florida
  705  Statutes, is amended to read:
  706         1009.53 Florida Bright Futures Scholarship Program.—
  707         (3) The Department of Education shall administer the Bright
  708  Futures Scholarship Program according to rules and procedures
  709  established by the State Board of Education. A single state
  710  application must be sufficient for a student to apply for any of
  711  the three types of awards. In addition, all students, in order
  712  to become eligible each year for a Bright Futures Scholarship
  713  award, must submit the Free Application for Federal Student Aid,
  714  along with a valid expected family contribution. The department
  715  must advertise the availability of the scholarship program and
  716  must notify students, teachers, parents, guidance counselors,
  717  and principals or other relevant school administrators of the
  718  criteria and application procedures. The department must begin
  719  this process of notification no later than January 1 of each
  720  year.
  721         Section 12. Subsection (2) of section 1009.531, Florida
  722  Statutes, is amended, and subsection (6) is added to that
  723  section, to read:
  724         1009.531 Florida Bright Futures Scholarship Program;
  725  student eligibility requirements for initial awards.—
  726         (2) A student is eligible to accept an initial award for 3
  727  years following high school graduation and to accept a renewal
  728  award for 4 7 years following high school graduation. A student
  729  who applies for an award by high school graduation and who meets
  730  all other eligibility requirements, but who does not accept his
  731  or her award, may reapply during subsequent application periods
  732  up to 3 years after high school graduation. For a student who
  733  enlists in the United States Armed Forces immediately after
  734  completion of high school, the 3-year eligibility period for his
  735  or her initial award shall begin upon the date of separation
  736  from active duty. For a student who is receiving a Florida
  737  Bright Futures Scholarship and discontinues his or her education
  738  to enlist in the United States Armed Forces, the remainder of
  739  his or her 4-year 7-year renewal period shall commence upon the
  740  date of separation from active duty.
  741         (6)(a) The State Board of Education shall identify from the
  742  2009 SAT Percentile Ranks the examination score required for a
  743  student to be eligible for a Florida Academic Scholars award
  744  pursuant to s. 1009.534, as follows:
  745         1. For high school students graduating in the 2012-2013
  746  academic year, the student must earn the 88th SAT percentile
  747  rank score of 1280 and a concordant ACT score of 28.
  748         2. For high school students graduating in the 2013-2014
  749  academic year and thereafter, the student must earn the 89th SAT
  750  percentile rank score of 1290 and a concordant ACT score of 29.
  751         (b) The State Board of Education shall identify from the
  752  2009 SAT Percentile Ranks the examination score required for a
  753  student to be eligible for a Florida Medallion Scholars award
  754  pursuant to s. 1009.535, as follows:
  755         1. For high school students graduating in 2011-2012
  756  academic year, the student must earn the 44th SAT percentile
  757  rank score of 980 and a concordant ACT score of 21.
  758         2. For high school students graduating in 2012-2013
  759  academic year, the student must earn the 50th SAT percentile
  760  rank score of 1020 and a concordant ACT score of 22.
  761         3. For high school students graduating in 2013-2014
  762  academic year and thereafter, the student must earn the 56th SAT
  763  percentile rank score of 1050 and a concordant ACT score of 23.
  764         (c) If the percentile ranks in paragraphs (a) and (b) do
  765  not exactly correspond to an SAT score then the next highest
  766  percentile rank shall be used.
  767         Section 13. Section 1009.532, Florida Statutes, is amended
  768  to read:
  769         1009.532 Florida Bright Futures Scholarship Program;
  770  student eligibility requirements for renewal awards.—
  771         (1) To be eligible to renew a scholarship from any of the
  772  three types of scholarships under the Florida Bright Futures
  773  Scholarship Program, a student must:
  774         (a) Effective for students funded in the 2009-2010 academic
  775  year and thereafter, earn at least 24 semester credit hours or
  776  the equivalent in the last academic year in which the student
  777  earned a scholarship if the student was enrolled full time, or a
  778  prorated number of credit hours as determined by the Department
  779  of Education if the student was enrolled less than full time for
  780  any part of the academic year. If a student fails to earn the
  781  minimum number of hours required to renew the scholarship, the
  782  student shall lose his or her eligibility for renewal for a
  783  period equivalent to 1 academic year. Such student is eligible
  784  to restore the award the following academic year if the student
  785  earns the hours for which he or she was enrolled at the level
  786  defined by the department and meets the grade point average for
  787  renewal. A student is eligible for such restoration one time.
  788  The department shall notify eligible recipients of the
  789  provisions of this paragraph. Each institution shall notify
  790  award recipients of the provisions of this paragraph during the
  791  registration process.
  792         (b) Maintain the cumulative grade point average required by
  793  the scholarship program, except that:
  794         1. If a recipient’s grades fall beneath the average
  795  required to renew a Florida Academic Scholarship, but are
  796  sufficient to renew a Florida Medallion Scholarship or a Florida
  797  Gold Seal Vocational Scholarship, the Department of Education
  798  may grant a renewal from one of those other scholarship
  799  programs, if the student meets the renewal eligibility
  800  requirements; or
  801         2. For students funded prior to the 2010-2011 academic
  802  term, if, at any time during the eligibility period, a student’s
  803  grades are insufficient to renew the scholarship, the student
  804  may restore eligibility by improving the grade point average to
  805  the required level. A student is eligible for such a restoration
  806  one time. The Legislature encourages education institutions to
  807  assist students to calculate whether or not it is possible to
  808  raise the grade point average during the summer term. If the
  809  institution determines that it is possible, the education
  810  institution may so inform the department, which may reserve the
  811  student’s award if funds are available. The renewal, however,
  812  must not be granted until the student achieves the required
  813  cumulative grade point average. If the summer term is not
  814  sufficient to raise the grade point average to the required
  815  renewal level, the student’s next opportunity for renewal is the
  816  fall semester of the following academic year.; or
  817         (c) Effective for students initially funded in the 2010
  818  2011 academic term and thereafter, if a scholarship is not
  819  renewed because of insufficient grades, the scholarship shall be
  820  renewed only for the following reasons:
  821         1. The student failed to meet state academic progress
  822  requirements due to verifiable illness or other emergencies and
  823  may be granted an exception from the academic requirements. Such
  824  students shall make a written appeal to the institution. The
  825  appeal shall include a description and verification of the
  826  circumstances. Verification of illness or other emergencies may
  827  include, but need not be limited to, a physician’s statement or
  828  written statement of a parent or college official. The
  829  institution shall recommend exceptions along with necessary
  830  documentation to the department. The department may accept or
  831  deny such recommendations for exception from the institution; or
  832         2.3. If a student is receiving a Florida Bright Futures
  833  Scholarship, is a servicemember of the Florida National Guard or
  834  United States Reserves while attending a postsecondary
  835  institution, is called to active duty or state active duty, as
  836  defined in s. 250.01, prior to completing his or her degree, and
  837  meets all other requirements for the scholarship, the student
  838  shall be eligible to continue the scholarship for 2 years after
  839  completing active duty or state active duty.
  840         (d)(c) Reimburse or make satisfactory arrangements to
  841  reimburse the institution for the award amount received for
  842  courses dropped after the end of the drop and add period or
  843  courses from which the student withdraws after the end of the
  844  drop and add period unless the student has received an exception
  845  pursuant to s. 1009.53(11).
  846         (2) A student who is enrolled in a program that terminates
  847  in an associate degree or a baccalaureate degree may receive an
  848  award for a maximum of 110 percent of the number of credit hours
  849  required to complete the program. A student who is enrolled in a
  850  program that terminates in a career certificate may receive an
  851  award for a maximum of 110 percent of the credit hours or clock
  852  hours required to complete the program up to 90 credit hours.
  853  However, for a student who is initially funded in the 2010-2011
  854  academic term and thereafter, the student may receive an award
  855  for a maximum of 100 percent of the number of credit hours
  856  required to complete an associate degree or a baccalaureate
  857  degree program, or the student may receive an award for a
  858  maximum of 100 percent of the credit hours or clock hours
  859  required to complete up to 90 credit hours of a program that
  860  terminates in a career certificate. A student who transfers from
  861  one of these program levels to another becomes eligible for the
  862  higher of the two credit hour limits.
  863         Section 14. Subsection (5) of section 1009.534, Florida
  864  Statutes, is amended to read:
  865         1009.534 Florida Academic Scholars award.—
  866         (5) Notwithstanding subsections (2) and (4), a Florida
  867  Academic Scholar is eligible for an award equal to the amount
  868  specified in the General Appropriations Act for the 2009-2010
  869  academic year. This subsection expires July 1, 2010.
  870         Section 15. Section 1009.5341, Florida Statutes, is created
  871  to read:
  872         1009.5341 Florida Bright Futures Scholarships for graduate
  873  study.—Bright Futures Scholarship recipients who graduate with a
  874  baccalaureate degree in seven semesters or fewer and wish to
  875  pursue graduate study may apply the unused portion of their
  876  academic or medallion scholarship award toward one semester of
  877  graduate study, not to exceed 15 semester hours. A baccalaureate
  878  degree may include, but is not limited to, college credits
  879  earned through dual enrollment, SAT, and ACT examinations.
  880         Section 16. Subsection (4) of section 1009.535, Florida
  881  Statutes, is amended to read:
  882         1009.535 Florida Medallion Scholars award.—
  883         (4) Notwithstanding subsection (2), a Florida Medallion
  884  Scholar is eligible for an award equal to the amount specified
  885  in the General Appropriations Act for the 2009-2010 academic
  886  year. This subsection expires July 1, 2010.
  887         Section 17. Subsections (4) and (5) of section 1009.536,
  888  Florida Statutes, are amended to read:
  889         1009.536 Florida Gold Seal Vocational Scholars award.—The
  890  Florida Gold Seal Vocational Scholars award is created within
  891  the Florida Bright Futures Scholarship Program to recognize and
  892  reward academic achievement and career preparation by high
  893  school students who wish to continue their education.
  894         (4) A student may earn a Florida Gold Seal Vocational
  895  Scholarship for 110 percent of the number of credit hours
  896  required to complete the program, up to 90 credit hours or the
  897  equivalent. However, for a student who is initially funded in
  898  the 2010-2011 academic term and thereafter, the student may earn
  899  a Florida Gold Seal Vocational Scholarship for 100 percent of
  900  the number of credit hours required to complete the program, up
  901  to 90 credit hours or the equivalent.
  902         (5) Notwithstanding subsection (2), a Florida Gold Seal
  903  Vocational Scholar is eligible for an award equal to the amount
  904  specified in the General Appropriations Act for the 2009-2010
  905  academic year. This subsection expires July 1, 2010.
  906         Section 18. Section 1009.5385, Florida Statutes, is
  907  repealed.
  908         Section 19. Subsections (2), (3), and (4) of section
  909  1009.72, Florida Statutes, are amended to read:
  910         1009.72 Jose Marti Scholarship Challenge Grant Program.—
  911         (2) Funds appropriated by the Legislature for the program
  912  shall be deposited in the State Student Financial Assistance
  913  Trust Fund. The Chief Financial Officer shall authorize
  914  expenditures from the trust fund upon receipt of vouchers
  915  approved by the Department of Education. All moneys collected
  916  from private sources for the purposes of this section shall be
  917  deposited into the State Student Financial Assistance Trust
  918  Fund. Any balance in the trust fund at the end of any fiscal
  919  year which that has been allocated to the program shall remain
  920  therein and shall be available for carrying out the purposes of
  921  the program. All funds deposited into the trust fund for the
  922  program shall be invested pursuant to s. 17.61. Interest income
  923  accruing to that portion of the funds which are allocated to the
  924  program in the trust fund and not matched shall increase the
  925  total funds available for the program.
  926         (3) The Legislature may appropriate funds shall designate
  927  funds to be transferred to the trust fund for the program from
  928  the General Revenue Fund. Such funds shall be divided into
  929  challenge grants to be administered by the Department of
  930  Education. All appropriated funds deposited into the trust fund
  931  for the program shall be invested pursuant to the provisions of
  932  s. 17.61. Interest income accruing to that portion of the funds
  933  that are allocated to the program in the trust fund and not
  934  matched shall increase the total funds available for the
  935  program.
  936         (4) The amounts amount appropriated to the trust fund for
  937  the program shall be allocated by the department on the basis of
  938  one $5,000 challenge grant for each $2,500 raised from private
  939  sources. Matching funds shall be generated through contributions
  940  made after July 1, 1986, and pledged for the purposes of this
  941  section. Pledged contributions shall not be eligible for
  942  matching prior to the actual collection of the total funds.
  943         Section 20. Subsections (2), (3), and (4) of section
  944  1009.73, Florida Statutes, are amended to read:
  945         1009.73 Mary McLeod Bethune Scholarship Program.—
  946         (2) Funds appropriated by the Legislature for the program
  947  shall be deposited in the State Student Financial Assistance
  948  Trust Fund. The Chief Financial Officer shall authorize
  949  expenditures from the trust fund upon receipt of vouchers
  950  approved by the Department of Education. The Department of
  951  Education shall receive all moneys collected from private
  952  sources for the purposes of this section and shall deposit such
  953  moneys into the State Student Financial Assistance Trust Fund.
  954  Notwithstanding the provisions of s. 216.301 and pursuant to s.
  955  216.351, any balance in the trust fund at the end of any fiscal
  956  year which that has been allocated to the program shall remain
  957  in the trust fund and shall be available for carrying out the
  958  purposes of the program. All moneys deposited into the trust
  959  fund for the program shall be invested pursuant to s. 17.61.
  960  Interest income accruing to that portion of the funds which are
  961  allocated to the program in the trust fund and not matched shall
  962  increase the total funds available for the program.
  963         (3) The Legislature may appropriate funds shall appropriate
  964  moneys to the trust fund for the program from the General
  965  Revenue Fund. Such moneys shall be applied to scholarships to be
  966  administered by the Department of Education. All moneys
  967  deposited into the trust fund for the program shall be invested
  968  pursuant to the provisions of s. 17.61. Interest income accruing
  969  to the program shall be expended to increase the total moneys
  970  available for scholarships.
  971         (4) The moneys in the trust fund for the program shall be
  972  allocated by the department among the institutions of higher
  973  education listed in subsection (1) on the basis of one $2,000
  974  challenge grant for each $1,000 raised from private sources.
  975  Matching funds shall be generated through contributions made
  976  after July 1, 1990, and pledged for the purposes of this
  977  section. Pledged contributions shall not be eligible for
  978  matching prior to the actual collection of the total funds. The
  979  department shall allocate to each of those institutions a
  980  proportionate share of the contributions received on behalf of
  981  those institutions and a share of the appropriations and
  982  matching funds generated by such institution.
  983         Section 21. Paragraph (e) is added to subsection (1) of
  984  section 1010.62, Florida Statutes, to read:
  985         1010.62 Revenue bonds and debt.—
  986         (1) As used in this section, the term:
  987         (e) “Auxiliary enterprise” means any activity defined in s.
  988  1011.47(1) and performed by a university or a direct-support
  989  organization.
  990         Section 22. Subsection (2) of section 1010.87, Florida
  991  Statutes, is amended to read:
  992         1010.87 Workers’ Compensation Administration Trust Fund
  993  within the Department of Education.—
  994         (2) Funds appropriated by nonoperating transfer from the
  995  Department of Financial Services Workers’ Compensation
  996  Administration Trust Fund which remain unencumbered as of June
  997  30 or undisbursed as of September 30 shall revert to the
  998  Department of Financial Services Workers’ Compensation
  999  Administration Trust Fund. Notwithstanding the provisions of s.
 1000  216.301 and pursuant to s. 216.351, any balance in the trust
 1001  fund at the end of any fiscal year shall remain in the trust
 1002  fund at the end of the year and shall be available for carrying
 1003  out the purposes of the trust fund.
 1004         Section 23. Paragraph (a) of subsection (5) of section
 1005  1011.80, Florida Statutes, is amended to read:
 1006         1011.80 Funds for operation of workforce education
 1007  programs.—
 1008         (5) State funding and student fees for workforce education
 1009  instruction shall be established as follows:
 1010         (a) Expenditures for the continuing workforce education
 1011  program provided by the community colleges or school districts
 1012  must be fully supported by fees. Enrollments in continuing
 1013  workforce education courses shall not be counted for purposes of
 1014  funding full-time equivalent enrollment. For a continuing
 1015  workforce education course, state funding shall equal 50 percent
 1016  of the cost of instruction, with student fees, business support,
 1017  quick-response training funds, or other means making up the
 1018  remaining 50 percent.
 1019         Section 24. Section 1012.885, Florida Statutes, is created
 1020  to read:
 1021         1012.885 Remuneration of community college presidents;
 1022  limitations.—
 1023         (1) DEFINITIONS.—As used in this section, the term:
 1024         (a) “Cash-equivalent compensation” means any benefit that
 1025  may be assigned an equivalent cash value.
 1026         (b) “Public funds” means funds appropriated from the
 1027  General Revenue Fund, funds appropriated from state trust funds,
 1028  tuition and fees, or any funds from a community college trust
 1029  fund regardless of repository.
 1030         (c) “Remuneration” means salary, bonuses, and cash
 1031  equivalent compensation paid to a community college president by
 1032  his or her employer for work performed, excluding health
 1033  insurance benefits and retirement benefits.
 1034         (2) LIMITATION ON COMPENSATION.—Notwithstanding any other
 1035  law, resolution, or rule to the contrary, a community college
 1036  president may not receive more than $225,000 in remuneration
 1037  annually from appropriated state funds. Only compensation, as
 1038  such term is defined in s. 121.021(22), provided to a community
 1039  college president may be used in calculating benefits under
 1040  chapter 121.
 1041         (3) EXCEPTIONS.—This section does not prohibit any party
 1042  from providing cash or cash-equivalent compensation from funds
 1043  that are not appropriated state funds to a community college
 1044  president in excess of the limit in subsection (2). If a party
 1045  is unable or unwilling to fulfill an obligation to provide cash
 1046  or cash-equivalent compensation to a community college president
 1047  as permitted under this subsection, appropriated state funds may
 1048  not be used to fulfill such obligation.
 1049         Section 25. The Office of Program Policy Analysis and
 1050  Government Accountability shall conduct a review of the public
 1051  school adult workforce education programs and the community
 1052  college and state college workforce education programs for the
 1053  purpose of identifying and analyzing the positive and negative
 1054  aspects of merging the school district programs with the
 1055  community college and state college programs. The office shall
 1056  submit the results of its review to the Legislature by December
 1057  1, 2010.
 1058         Section 26. This act shall take effect July 1, 2010.

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