August 12, 2020
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       CS for SB 1344                                   First Engrossed
       
       
       
       
       
       
       
       
       20101344e1
       
    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; amending s.
   42         1006.59, F.S.; deleting a provision that prohibits
   43         institutions participating in the Historically Black
   44         College and University Library Improvement Program
   45         from using funds to purchase nonprint media; creating
   46         s. 1006.72, F.S.; providing legislative findings
   47         regarding the licensing of electronic library
   48         resources; requiring that the library staff of state
   49         universities, colleges, school districts, and public
   50         libraries implement an annual process identifying
   51         electronic library resources for specified core
   52         categories; amending s. 1009.24, F.S.; revising
   53         provisions relating to state university student fees;
   54         authorizing the University of Florida to implement the
   55         tuition differential as a block tuition set at a
   56         specified number of hours for certain students;
   57         amending s. 1009.53, F.S.; revising provisions
   58         relating to the Florida Bright Futures Scholarship
   59         Program; requiring that students submit the Free
   60         Application for Federal Student Aid, along with a
   61         valid expected family contribution, in order to be
   62         eligible for the scholarship award; amending s.
   63         1009.531, F.S.; revising the period during which a
   64         student is eligible to receive an initial award and a
   65         renewal award of the Florida Bright Futures
   66         Scholarship after high school graduation; requiring
   67         that the State Board of Education base the eligibility
   68         of students to receive a Florida Academic Scholars
   69         award on SAT percentile ranks; amending s. 1009.532,
   70         F.S.; specifying circumstances under which a Florida
   71         Bright Futures Scholarship award may be renewed
   72         following its nonrenewal due to insufficient grades;
   73         reducing the maximum number of credit hours for which
   74         certain students may receive a scholarship award;
   75         amending s. 1009.534, F.S.; revising provisions
   76         relating to the Florida Academic Scholars award;
   77         removing an obsolete provision; removing the scheduled
   78         expiration of provisions requiring that the amount of
   79         the award be specified in the General Appropriations
   80         Act; creating s. 1009.5341, F.S.; providing that
   81         recipients of the Florida Bright Futures Scholarship
   82         award may use the unused portion of their award toward
   83         graduate study; providing certain limitations;
   84         amending s. 1009.535, F.S.; providing for a student
   85         who attended a home education program to be eligible
   86         for a Florida Medallion Scholars award; removing the
   87         scheduled expiration of provisions requiring that the
   88         amount of the Florida Medallion Scholar award be
   89         specified in the General Appropriations Act; repealing
   90         s. 1009.537, F.S., removing obsolete provisions
   91         relating to eligibility for the Florida Bright Futures
   92         Scholarship Program; amending s. 1009.536, F.S.;
   93         reducing the maximum number of credit hours that
   94         certain students may earn under the Florida Gold Seal
   95         Vocational Scholars award; removing the scheduled
   96         expiration of provisions requiring that the amount of
   97         the award be specified in the General Appropriations
   98         Act; repealing s. 1009.5385, F.S., relating to
   99         criteria for the use of certain scholarship funds by
  100         children of deceased or disabled veterans; amending s.
  101         1009.72, F.S.; revising provisions relating to the
  102         Jose Marti Scholarship Challenge Grant Program;
  103         removing provisions that provide for funds
  104         appropriated by the Legislature for the program to be
  105         deposited into the State Student Financial Assistance
  106         Trust Fund; requiring that funds deposited into such
  107         trust fund be invested; authorizing the Legislature to
  108         appropriate funds from the General Revenue Fund;
  109         amending s. 1009.73, F.S.; revising provisions
  110         relating to the Mary McLeod Bethune Scholarship
  111         Program; removing provisions that provide for funds
  112         appropriated by the Legislature for the program to be
  113         deposited into the State Student Financial Assistance
  114         Trust Fund; requiring that funds deposited into such
  115         trust fund be invested; authorizing the Legislature to
  116         appropriate funds from the General Revenue Fund;
  117         amending s. 1010.62, F.S.; defining the term
  118         “auxiliary enterprise” for purposes of capital outlay
  119         projects financed pursuant to the State Bond Act;
  120         amending s. 1010.87, F.S., relating to the Workers’
  121         Compensation Administration Trust Fund within the
  122         Department of Education; providing for the reversion
  123         of certain funds at the end of the fiscal year;
  124         amending s. 1011.80, F.S.; revising provisions
  125         relating to funds for the operation of workforce
  126         education programs; requiring that expenditure for
  127         such programs be supported by fees; providing that
  128         enrollment in continuing workforce education courses
  129         may not be counted for purposes of funding full-time
  130         equivalent enrollment; creating s. 1012.885, F.S.;
  131         providing definitions; providing a limitation on the
  132         compensation paid to community college presidents;
  133         providing exceptions; requiring that the Office of
  134         Program Policy Analysis and Government Accountability
  135         conduct a review of public school adult workforce
  136         education programs and community college and state
  137         college workforce education programs; requiring that
  138         the results of such review be submitted to the
  139         Legislature by a specified date; providing an
  140         effective date.
  141  
  142  Be It Enacted by the Legislature of the State of Florida:
  143  
  144         Section 1. Section 295.02, Florida Statutes, is amended to
  145  read:
  146         295.02 Use of funds; age, etc.—
  147         (1) Sums appropriated and expended to carry out the
  148  provisions of s. 295.01(1) shall be used to pay an award equal
  149  to the amount of tuition and required registration fees as
  150  defined by the department or an amount specified in the General
  151  Appropriations Act tuition and registration fees, board, and
  152  room rent and to buy books and supplies for the children or
  153  spouses of deceased or disabled veterans or servicemembers, as
  154  defined and limited in s. 295.01, s. 295.016, s. 295.017, s.
  155  295.018, s. 295.0185, s. 295.019, or s. 295.0195, or of parents
  156  classified as prisoners of war or missing in action, as defined
  157  and limited in s. 295.015, who are between the ages of 16 and 22
  158  years and who are in attendance at an eligible postsecondary
  159  education a state-supported institution as defined in s. 295.04
  160  of higher learning, including a community college or career
  161  center. Any child having entered upon a course of training or
  162  education under the provisions of this chapter, consisting of a
  163  course of not more than 4 years, and arriving at the age of 22
  164  years before the completion of such course may continue the
  165  course and receive all benefits of the provisions of this
  166  chapter until the course is completed.
  167         (2) Sums appropriated and expended to carry out the
  168  provisions of s. 295.01(2) shall be used to pay tuition and
  169  registration fees, board, and room rent and to buy books and
  170  supplies for the spouses of deceased or disabled veterans or
  171  servicemembers, as defined and limited in s. 295.01, who are
  172  enrolled at an eligible postsecondary education a state
  173  supported institution as defined in s. 295.04 of higher
  174  learning, including a community college or career center.
  175         (3) Notwithstanding the benefits-disbursement provision in
  176  s. 295.04, such funds shall be applicable for up to 110 percent
  177  of the number of required credit hours of an initial
  178  baccalaureate degree or certificate program for which the
  179  student spouse is enrolled.
  180         (4)(3) The Department of Education shall administer this
  181  educational program subject to regulations of the department.
  182         Section 2. Paragraph (a) of subsection (6) of section
  183  440.491, Florida Statutes, is amended to read:
  184         440.491 Reemployment of injured workers; rehabilitation.—
  185         (6) TRAINING AND EDUCATION.—
  186         (a) Upon referral of an injured employee by the carrier, or
  187  upon the request of an injured employee, the department shall
  188  conduct a training and education screening to determine whether
  189  it should refer the employee for a vocational evaluation and, if
  190  appropriate, approve training and education or other vocational
  191  services for the employee. The department may not approve formal
  192  training and education programs unless it determines, after
  193  consideration of the reemployment assessment, pertinent
  194  reemployment status reviews or reports, and such other relevant
  195  factors as it prescribes by rule, that the reemployment plan is
  196  likely to result in return to suitable gainful employment. The
  197  department is authorized to expend moneys from the Workers’
  198  Compensation Administration Trust Fund, established by s.
  199  440.50, to secure appropriate training and education at a
  200  Florida public community college as designated in s. 1000.21(3)
  201  or at a career center established under s. 1001.44, or to secure
  202  other vocational services when necessary to satisfy the
  203  recommendation of a vocational evaluator. As used in this
  204  paragraph, “appropriate training and education” includes
  205  securing a general education diploma (GED), if necessary. The
  206  department shall establish training and education standards
  207  pertaining to employee eligibility, course curricula and
  208  duration, and associated costs. For purposes of this subsection,
  209  training and education services may be secured from additional
  210  providers if:
  211         1. The injured employee currently holds an associate degree
  212  and requests to earn a bachelor’s degree not offered by a
  213  Florida public college located within 50 miles from his or her
  214  customary residence;
  215         2. The injured employee’s enrollment in an education or
  216  training program in a Florida public college or career center
  217  would be significantly delayed; or
  218         3. The most appropriate training and education program is
  219  available only through a provider other than a Florida public
  220  college or career center or at a Florida public college or
  221  career center located more than 50 miles away from the injured
  222  employee’s customary residence.
  223         Section 3. Subsection (2) of section 1000.04, Florida
  224  Statutes, is amended to read:
  225         1000.04 Components for the delivery of public education
  226  within the Florida K-20 education system.—Florida’s K-20
  227  education system provides for the delivery of public education
  228  through publicly supported and controlled K-12 schools,
  229  community colleges, state universities and other postsecondary
  230  educational institutions, other educational institutions, and
  231  other educational services as provided or authorized by the
  232  Constitution and laws of the state.
  233         (2) PUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS.—Public
  234  postsecondary educational institutions include charter technical
  235  career centers; career centers operated by a school district
  236  workforce education; community colleges; colleges; state
  237  universities; and all other state-supported postsecondary
  238  educational institutions that are authorized and established by
  239  law.
  240         Section 4. Paragraph (a) of subsection (2) of section
  241  1001.74, Florida Statutes, is amended to read:
  242         1001.74 Powers and duties of university boards of
  243  trustees.—
  244         (2) POWERS AND DUTIES RELATING TO ORGANIZATION AND
  245  OPERATION OF STATE UNIVERSITIES.—
  246         (a) Each board of trustees constitutes the contracting
  247  agent of the university. Each university shall comply with the
  248  provisions of s. 287.055 for the procurement of professional
  249  services and may approve and execute all contracts for planning,
  250  construction, and equipment. For the purpose of a university’s
  251  contracting authority, a “continuing contract” for professional
  252  services under the provisions of s. 287.055 is one in which
  253  construction costs do not exceed $2 $1 million or the fee for
  254  study activity does not exceed $200,000 $100,000. Contracts
  255  executed pursuant to this paragraph are subject to the
  256  requirements of s. 1010.62.
  257         Section 5. Subsection (4) of section 1004.085, Florida
  258  Statutes, is amended to read:
  259         1004.085 Textbook affordability.—
  260         (4) By March 1, 2009, The State Board of Education and the
  261  Board of Governors each shall adopt policies, procedures, and
  262  guidelines for implementation by community colleges and state
  263  universities, respectively, that further efforts to minimize the
  264  cost of textbooks for students attending such institutions while
  265  maintaining the quality of education and academic freedom. The
  266  policies, procedures, and guidelines shall provide for the
  267  following:
  268         (a) That textbook adoptions are made with sufficient lead
  269  time to bookstores so as to confirm availability of the
  270  requested materials and, where possible, ensure maximum
  271  availability of used books.
  272         (b) That, in the textbook adoption process, the intent to
  273  use all items ordered, particularly each individual item sold as
  274  part of a bundled package, is confirmed by the course instructor
  275  or the academic department offering the course before the
  276  adoption is finalized.
  277         (c) That a course instructor or the academic department
  278  offering the course determines, before a textbook is adopted,
  279  the extent to which a new edition differs significantly and
  280  substantively from earlier versions and the value of changing to
  281  a new edition or the extent to which an open-access textbook may
  282  exist and be used.
  283         (d) That the establishment of policies shall address the
  284  availability of required textbooks to students otherwise unable
  285  to afford the cost, including consideration of the extent to
  286  which an open-access textbook may be used.
  287         (e) That encourages course instructors and academic
  288  departments to participate in the development, adaptation, and
  289  review of open-access textbooks, in particular, open-access
  290  textbooks for high-demand general education courses.
  291         Section 6. Paragraph (b) of subsection (2) of section
  292  1004.091, Florida Statutes, is amended to read:
  293         1004.091 Florida Distance Learning Consortium.—
  294         (2) The Florida Distance Learning Consortium shall:
  295         (b) Develop, in consultation with the Florida College
  296  System and the State University System, a plan to be submitted
  297  to the Board of Governors, the State Board of Education, the
  298  Governor, the President of the Senate, and the Speaker of the
  299  House of Representatives no later than December March 1, 2010,
  300  for implementing. The plan must address the implementation of a
  301  streamlined, automated, online registration process for
  302  undergraduate students who have been admitted to a public
  303  postsecondary educational institution and who wish to enroll in
  304  a course listed in the Florida Higher Education Distance
  305  Learning Catalog, including courses offered by an institution
  306  that is not the student’s degree-granting or home institution.
  307  The plan must describe how such a registration process can be
  308  implemented by the 2011-2012 academic year as an alternative to
  309  the standard registration process of each institution. The plan
  310  must also address:
  311         1. Fiscal and substantive policy changes needed to address
  312  administrative, academic, and programmatic policies and
  313  procedures. Policy areas that the plan must address include, but
  314  need not be limited to, student financial aid issues, variations
  315  in fees, admission and readmission, registration-prioritization
  316  issues, transfer of credit, and graduation requirements, with
  317  specific attention given to creating recommended guidelines that
  318  address students who attend more than one institution in pursuit
  319  of a degree.
  320         2. A method for the expedited transfer of distance learning
  321  course credit awarded by an institution offering a distance
  322  learning course to a student’s degree-granting or home
  323  institution upon the student’s successful completion of the
  324  distance learning course.
  325         3. Compliance with applicable technology security standards
  326  and guidelines to ensure the secure transmission of student
  327  information.
  328         Section 7. Section 1009.21, Florida Statutes, is amended to
  329  read:
  330         1009.21 Determination of resident status for tuition
  331  purposes.—Students shall be classified as residents or
  332  nonresidents for the purpose of assessing tuition in charter
  333  technical centers, career centers operated by school districts,
  334  community colleges, and state universities.
  335         (1) As used in this section, the term:
  336         (a) “Dependent child” means any person, whether or not
  337  living with his or her parent, who is eligible to be claimed by
  338  his or her parent as a dependent under the federal income tax
  339  code.
  340         (b) “Initial enrollment” means the first day of class at an
  341  institution of higher education.
  342         (c) “Institution of higher education” means any charter
  343  technical career center as defined in s. 1002.34, career center
  344  operated by a school district as defined in s. 1001.44,
  345  community college as defined in s. 1000.21(3), or state
  346  university as defined in s. 1000.21(6).
  347         (d) “Legal resident” or “resident” means a person who has
  348  maintained his or her residence in this state for the preceding
  349  year, has purchased a home which is occupied by him or her as
  350  his or her residence, or has established a domicile in this
  351  state pursuant to s. 222.17.
  352         (e) “Nonresident for tuition purposes” means a person who
  353  does not qualify for the in-state tuition rate.
  354         (f) “Parent” means the natural or adoptive parent or legal
  355  guardian of a dependent child.
  356         (g) “Resident for tuition purposes” means a person who
  357  qualifies as provided in this section for the in-state tuition
  358  rate.
  359         (2)(a) To qualify as a resident for tuition purposes:
  360         1. A person or, if that person is a dependent child, his or
  361  her parent or parents must have established legal residence in
  362  this state and must have maintained legal residence in this
  363  state for at least 12 consecutive months immediately prior to
  364  his or her initial enrollment in an institution of higher
  365  education.
  366         2. Every applicant for admission to an institution of
  367  higher education shall be required to make a statement as to his
  368  or her length of residence in the state and, further, shall
  369  establish that his or her presence or, if the applicant is a
  370  dependent child, the presence of his or her parent or parents in
  371  the state currently is, and during the requisite 12-month
  372  qualifying period was, for the purpose of maintaining a bona
  373  fide domicile, rather than for the purpose of maintaining a mere
  374  temporary residence or abode incident to enrollment in an
  375  institution of higher education.
  376         (b) However, with respect to a dependent child living with
  377  an adult relative other than the child’s parent, such child may
  378  qualify as a resident for tuition purposes if the adult relative
  379  is a legal resident who has maintained legal residence in this
  380  state for at least 12 consecutive months immediately prior to
  381  the child’s initial enrollment in an institution of higher
  382  education, provided the child has resided continuously with such
  383  relative for the 5 years immediately prior to the child’s
  384  initial enrollment in an institution of higher education, during
  385  which time the adult relative has exercised day-to-day care,
  386  supervision, and control of the child.
  387         (c) The legal residence of a dependent child whose parents
  388  are divorced, separated, or otherwise living apart will be
  389  deemed to be this state if either parent is a legal resident of
  390  this state, regardless of which parent is entitled to claim, and
  391  does in fact claim, the minor as a dependent pursuant to federal
  392  individual income tax provisions.
  393         (3)(a) An individual shall not be classified as a resident
  394  for tuition purposes and, thus, shall not be eligible to receive
  395  the in-state tuition rate until he or she has provided such
  396  evidence related to legal residence and its duration or, if that
  397  individual is a dependent child, evidence of his or her parent’s
  398  legal residence and its duration, as may be required by law and
  399  by officials of the institution of higher education from which
  400  he or she seeks the in-state tuition rate.
  401         (b) Except as otherwise provided in this section, evidence
  402  of legal residence and its duration shall include clear and
  403  convincing documentation that residency in this state was for a
  404  minimum of 12 consecutive months prior to a student’s initial
  405  enrollment in an institution of higher education.
  406         (c) Each institution of higher education shall
  407  affirmatively determine that an applicant who has been granted
  408  admission to that institution as a Florida resident meets the
  409  residency requirements of this section at the time of initial
  410  enrollment. The residency determination must be documented by
  411  the submission of written or electronic verification that
  412  includes two or more of the documents identified in this
  413  paragraph. No single piece of evidence shall be conclusive.
  414         1. The documents must include at least one of the
  415  following:
  416         a. A Florida voter’s registration card.
  417         b. A Florida driver’s license.
  418         c. A State of Florida identification card.
  419         d. A Florida vehicle registration.
  420         e. Proof of a permanent home in Florida which is occupied
  421  as a primary residence by the individual or by the individual’s
  422  parent if the individual is a dependent child.
  423         f. Proof of a homestead exemption in Florida.
  424         g. Transcripts from a Florida high school for multiple
  425  years if the Florida high school diploma or GED was earned
  426  within the last 12 months.
  427         h. Proof of permanent full-time employment in Florida for
  428  at least 30 hours per week for a 12-month period.
  429         2. The documents may include one or more of the following:
  430         a. A declaration of domicile in Florida.
  431         b. A Florida professional or occupational license.
  432         c. Florida incorporation.
  433         d. A document evidencing family ties in Florida.
  434         e. Proof of membership in a Florida-based charitable or
  435  professional organization.
  436         f. Any other documentation that supports the student’s
  437  request for resident status, including, but not limited to,
  438  utility bills and proof of 12 consecutive months of payments; a
  439  lease agreement and proof of 12 consecutive months of payments;
  440  or an official state, federal, or court document evidencing
  441  legal ties to Florida.
  442         (4) With respect to a dependent child, the legal residence
  443  of the dependent child’s parent or parents is prima facie
  444  evidence of the dependent child’s legal residence, which
  445  evidence may be reinforced or rebutted, relative to the age and
  446  general circumstances of the dependent child, by the other
  447  evidence of legal residence required of or presented by the
  448  dependent child. However, the legal residence of a dependent
  449  child’s parent or parents who are domiciled outside this state
  450  is not prima facie evidence of the dependent child’s legal
  451  residence if that dependent child has lived in this state for 5
  452  consecutive years prior to enrolling or reregistering at the
  453  institution of higher education at which resident status for
  454  tuition purposes is sought.
  455         (5) In making a domiciliary determination related to the
  456  classification of a person as a resident or nonresident for
  457  tuition purposes, the domicile of a married person, irrespective
  458  of sex, shall be determined, as in the case of an unmarried
  459  person, by reference to all relevant evidence of domiciliary
  460  intent. For the purposes of this section:
  461         (a) A person shall not be precluded from establishing or
  462  maintaining legal residence in this state and subsequently
  463  qualifying or continuing to qualify as a resident for tuition
  464  purposes solely by reason of marriage to a person domiciled
  465  outside this state, even when that person’s spouse continues to
  466  be domiciled outside of this state, provided such person
  467  maintains his or her legal residence in this state.
  468         (b) A person shall not be deemed to have established or
  469  maintained a legal residence in this state and subsequently to
  470  have qualified or continued to qualify as a resident for tuition
  471  purposes solely by reason of marriage to a person domiciled in
  472  this state.
  473         (c) In determining the domicile of a married person,
  474  irrespective of sex, the fact of the marriage and the place of
  475  domicile of such person’s spouse shall be deemed relevant
  476  evidence to be considered in ascertaining domiciliary intent.
  477         (6)(a) Except as otherwise provided in this section, a
  478  person who is classified as a nonresident for tuition purposes
  479  may become eligible for reclassification as a resident for
  480  tuition purposes if that person or, if that person is a
  481  dependent child, his or her parent presents clear and convincing
  482  documentation that supports permanent legal residency in this
  483  state for at least 12 consecutive months rather than temporary
  484  residency for the purpose of pursuing an education, such as
  485  documentation of full-time permanent employment for the prior 12
  486  months or the purchase of a home in this state and residence
  487  therein for the prior 12 months while not enrolled in an
  488  institution of higher education.
  489         (b) If a person who is a dependent child and his or her
  490  parent move to this state while such child is a high school
  491  student and the child graduates from a high school in this
  492  state, the child may become eligible for reclassification as a
  493  resident for tuition purposes when the parent submits evidence
  494  that the parent qualifies for permanent residency.
  495         (c) If a person who is a dependent child and his or her
  496  parent move to this state after such child graduates from high
  497  school, the child may become eligible for reclassification as a
  498  resident for tuition purposes after the parent submits evidence
  499  that he or she has established legal residence in the state and
  500  has maintained legal residence in the state for at least 12
  501  consecutive months.
  502         (d) A person who is classified as a nonresident for tuition
  503  purposes and who marries a legal resident of the state or
  504  marries a person who becomes a legal resident of the state may,
  505  upon becoming a legal resident of the state, become eligible for
  506  reclassification as a resident for tuition purposes upon
  507  submitting evidence of his or her own legal residency in the
  508  state, evidence of his or her marriage to a person who is a
  509  legal resident of the state, and evidence of the spouse’s legal
  510  residence in the state for at least 12 consecutive months
  511  immediately preceding the application for reclassification.
  512         (7) A person shall not lose his or her resident status for
  513  tuition purposes solely by reason of serving, or, if such person
  514  is a dependent child, by reason of his or her parent’s or
  515  parents’ serving, in the Armed Forces outside this state.
  516         (8) A person who has been properly classified as a resident
  517  for tuition purposes but who, while enrolled in an institution
  518  of higher education in this state, loses his or her resident
  519  tuition status because the person or, if he or she is a
  520  dependent child, the person’s parent or parents establish
  521  domicile or legal residence elsewhere shall continue to enjoy
  522  the in-state tuition rate for a statutory grace period, which
  523  period shall be measured from the date on which the
  524  circumstances arose that culminated in the loss of resident
  525  tuition status and shall continue for 12 months. However, if the
  526  12-month grace period ends during a semester or academic term
  527  for which such former resident is enrolled, such grace period
  528  shall be extended to the end of that semester or academic term.
  529         (9) Any person who ceases to be enrolled at or who
  530  graduates from an institution of higher education while
  531  classified as a resident for tuition purposes and who
  532  subsequently abandons his or her domicile in this state shall be
  533  permitted to reenroll at an institution of higher education in
  534  this state as a resident for tuition purposes without the
  535  necessity of meeting the 12-month durational requirement of this
  536  section if that person has reestablished his or her domicile in
  537  this state within 12 months of such abandonment and continuously
  538  maintains the reestablished domicile during the period of
  539  enrollment. The benefit of this subsection shall not be accorded
  540  more than once to any one person.
  541         (10) The following persons shall be classified as residents
  542  for tuition purposes:
  543         (a) Active duty members of the Armed Services of the United
  544  States residing or stationed in this state, their spouses, and
  545  dependent children, and active drilling members of the Florida
  546  National Guard.
  547         (b) Active duty members of the Armed Services of the United
  548  States and their spouses and dependents attending a public
  549  community college or state university within 50 miles of the
  550  military establishment where they are stationed, if such
  551  military establishment is within a county contiguous to Florida.
  552         (c) United States citizens living on the Isthmus of Panama,
  553  who have completed 12 consecutive months of college work at the
  554  Florida State University Panama Canal Branch, and their spouses
  555  and dependent children.
  556         (d) Full-time instructional and administrative personnel
  557  employed by state public schools and institutions of higher
  558  education and their spouses and dependent children.
  559         (e) Students from Latin America and the Caribbean who
  560  receive scholarships from the federal or state government. Any
  561  student classified pursuant to this paragraph shall attend, on a
  562  full-time basis, a Florida institution of higher education.
  563         (f) Southern Regional Education Board’s Academic Common
  564  Market graduate students attending Florida’s state universities.
  565         (g) Full-time employees of state agencies or political
  566  subdivisions of the state when the student fees are paid by the
  567  state agency or political subdivision for the purpose of job
  568  related law enforcement or corrections training.
  569         (h) McKnight Doctoral Fellows and Finalists who are United
  570  States citizens.
  571         (i) United States citizens living outside the United States
  572  who are teaching at a Department of Defense Dependent School or
  573  in an American International School and who enroll in a graduate
  574  level education program which leads to a Florida teaching
  575  certificate.
  576         (j) Active duty members of the Canadian military residing
  577  or stationed in this state under the North American Air Defense
  578  (NORAD) agreement, and their spouses and dependent children,
  579  attending a community college or state university within 50
  580  miles of the military establishment where they are stationed.
  581         (k) Active duty members of a foreign nation’s military who
  582  are serving as liaison officers and are residing or stationed in
  583  this state, and their spouses and dependent children, attending
  584  a community college or state university within 50 miles of the
  585  military establishment where the foreign liaison officer is
  586  stationed.
  587         (11) Each institution of higher education shall establish a
  588  residency appeal committee comprised of at least three members
  589  to consider student appeals of residency determinations, in
  590  accordance with the institution’s official appeal process. The
  591  residency appeal committee must render to the student the final
  592  residency determination in writing. The institution must advise
  593  the student of the reasons for the determination.
  594         (12) The State Board of Education and the Board of
  595  Governors shall adopt rules to implement this section.
  596         Section 8. Paragraph (b) of subsection (3) of section
  597  1009.22, Florida Statutes, is amended to read:
  598         1009.22 Workforce education postsecondary student fees.—
  599         (3)
  600         (b) Fees for continuing workforce education shall be
  601  locally determined by the district school board or community
  602  college board. However, at least 50 percent of the Expenditures
  603  for the continuing workforce education program provided by the
  604  community college or school district must be fully supported by
  605  derived from fees. Enrollments in continuing workforce education
  606  courses may not be counted for purposes of funding full-time
  607  equivalent enrollment.
  608         Section 9. Paragraph (a) of subsection (3) of section
  609  1006.59, Florida Statutes, is amended to read:
  610         1006.59 The Historically Black College and University
  611  Library Improvement Program.—
  612         (3) Each institution shall submit to the State Board of
  613  Education a plan for enhancing its library through the following
  614  activities:
  615         (a) Each institution shall increase the number of volumes
  616  by purchasing replacement books and new titles. Funds shall not
  617  be used to purchase periodicals or nonprint media. The goal of
  618  these purchases is to meet the needs of students and faculty in
  619  disciplines that have recently been added to the curriculum, in
  620  traditional academic fields that have been expanded, or in
  621  academic fields in which rapid changes in technology result in
  622  accelerated obsolescence of related library holdings.
  623         Section 10. Section 1006.72, Florida Statutes, is created
  624  to read:
  625         1006.72 Licensing electronic library resources.—The
  626  Legislature finds that the most cost-efficient and cost
  627  effective means of licensing electronic library resources
  628  requires that state universities and colleges collaborate with
  629  school districts and public libraries in the identification and
  630  acquisition of resources needed by more than one sector. The
  631  appropriate library staff from the state universities, colleges,
  632  school districts, and public libraries shall implement an annual
  633  process that identifies the electronic library resources for
  634  each of the core categories established in this section. To the
  635  extent possible, the Florida Center for Library Automation, the
  636  College Center for Library Automation, and the Division of
  637  Library and Information Services within the Department of State
  638  shall jointly coordinate this annual process.
  639         (1) STATEWIDE CORE CATEGORY.—For purposes of licensing
  640  electronic library resources of the Florida Electronic Library,
  641  library representatives from the public libraries, school
  642  districts, colleges, and state universities shall identify those
  643  resources that comprise the statewide core that will be
  644  available to all students, teachers, and residents of the state.
  645         (2) POSTSECONDARY EDUCATION CORE CATEGORY.—From funds
  646  appropriated to the Florida Center for Library Automation and
  647  the College Center for Library Automation for licensing the
  648  electronic library resources required by both systems, state
  649  university and college library staff shall identify the
  650  postsecondary education core that shall be available to all
  651  postsecondary students.
  652         (3) FOUR-YEAR DEGREE CORE CATEGORY.—From funds appropriated
  653  to the Florida Center for Library Automation for licensing
  654  electronic library resources beyond the postsecondary education
  655  core, state university library staff, in consultation with
  656  applicable college library staff, shall identify those resources
  657  that comprise the 4-year degree core that shall be available to
  658  all 4-year degree-seeking students in the college and state
  659  university systems. The Florida Center for Library Automation
  660  shall include in the negotiated pricing model any college
  661  interested in licensing resources.
  662         (4) TWO-YEAR DEGREE CORE CATEGORY.—From funds appropriated
  663  to the College Center for Library Automation for licensing
  664  electronic library resources beyond the postsecondary education
  665  core, college library staff shall identify those resources that
  666  comprise the college core that shall be available to all college
  667  students. The College Center for Library Automation shall
  668  include in the negotiated pricing model any state university
  669  interested in licensing a resource.
  670         Section 11. Paragraph (b) of subsection (16) of section
  671  1009.24, Florida Statutes, is amended to read:
  672         1009.24 State university student fees.—
  673         (16) Each university board of trustees may establish a
  674  tuition differential for undergraduate courses upon receipt of
  675  approval from the Board of Governors. The tuition differential
  676  shall promote improvements in the quality of undergraduate
  677  education and shall provide financial aid to undergraduate
  678  students who exhibit financial need.
  679         (b) Each tuition differential is subject to the following
  680  conditions:
  681         1. The tuition differential may be assessed on one or more
  682  undergraduate courses or on all undergraduate courses at a state
  683  university.
  684         2. The tuition differential may vary by course or courses,
  685  campus or center location, and by institution. Each university
  686  board of trustees shall strive to maintain and increase
  687  enrollment in degree programs related to math, science, high
  688  technology, and other state or regional high-need fields when
  689  establishing tuition differentials by course.
  690         3. The tuition differential may be implemented by the
  691  University of Florida as a block tuition set at 15 hours for
  692  students registered for 11 to 19 hours.
  693         4.3. For each state university that has total research and
  694  development expenditures for all fields of at least $100 million
  695  per year as reported annually to the National Science
  696  Foundation, the aggregate sum of tuition and the tuition
  697  differential may not be increased by more than 15 percent of the
  698  total charged for the aggregate sum of these fees in the
  699  preceding fiscal year. For each state university that has total
  700  research and development expenditures for all fields of less
  701  than $100 million per year as reported annually to the National
  702  Science Foundation, the aggregate sum of tuition and the tuition
  703  differential may not be increased by more than 15 percent of the
  704  total charged for the aggregate sum of these fees in the
  705  preceding fiscal year.
  706         5.4. The aggregate sum of undergraduate tuition and fees
  707  per credit hour, including the tuition differential, may not
  708  exceed the national average of undergraduate tuition and fees at
  709  4-year degree-granting public postsecondary educational
  710  institutions.
  711         6.5. The tuition differential may not be calculated as a
  712  part of the scholarship programs established in ss. 1009.53
  713  1009.538.
  714         7.6. Beneficiaries having prepaid tuition contracts
  715  pursuant to s. 1009.98(2)(b) which were in effect on July 1,
  716  2007, and which remain in effect, are exempt from the payment of
  717  the tuition differential.
  718         8.7. The tuition differential may not be charged to any
  719  student who was in attendance at the university before July 1,
  720  2007, and who maintains continuous enrollment.
  721         9.8. The tuition differential may be waived by the
  722  university for students who meet the eligibility requirements
  723  for the Florida public student assistance grant established in
  724  s. 1009.50.
  725         10.9. Subject to approval by the Board of Governors, the
  726  tuition differential authorized pursuant to this subsection may
  727  take effect with the 2009 fall term.
  728         Section 12. Subsection (3) of section 1009.53, Florida
  729  Statutes, is amended to read:
  730         1009.53 Florida Bright Futures Scholarship Program.—
  731         (3) The Department of Education shall administer the Bright
  732  Futures Scholarship Program according to rules and procedures
  733  established by the State Board of Education. A single state
  734  application must be sufficient for a student to apply for any of
  735  the three types of awards. For a student applying for an initial
  736  award in the 2010-2011 academic year and thereafter, in order to
  737  become eligible each year for a Bright Futures Scholarship
  738  award, the student must submit the Free Application for Federal
  739  Student Aid, along with a valid expected family contribution.
  740  The department must advertise the availability of the
  741  scholarship program and must notify students, teachers, parents,
  742  guidance counselors, and principals or other relevant school
  743  administrators of the criteria and application procedures. The
  744  department must begin this process of notification no later than
  745  January 1 of each year.
  746         Section 13. Subsection (2) of section 1009.531, Florida
  747  Statutes, is amended, and subsection (6) is added to that
  748  section, to read:
  749         1009.531 Florida Bright Futures Scholarship Program;
  750  student eligibility requirements for initial awards.—
  751         (2) For students graduating from high school prior to the
  752  2010-2011 academic year, a student is eligible to accept an
  753  initial award for 3 years following high school graduation and
  754  to accept a renewal award for 7 years following high school
  755  graduation. For a student who enlists in the United States Armed
  756  Forces immediately after completion of high school, the 3-year
  757  eligibility period for his or her initial award shall begin upon
  758  the date of separation from active duty. For a student who is
  759  receiving a Florida Bright Futures Scholarship and discontinues
  760  his or her education to enlist in the United States Armed
  761  Forces, the remainder of his or her 7-year renewal period shall
  762  commence upon the date of separation from active duty. For
  763  students graduating from high school in the 2010-2011 academic
  764  year and thereafter, a student is eligible to accept an initial
  765  award for 3 years after high school graduation and to accept a
  766  renewal award for 4 years after high school graduation. A
  767  student who applies for an award by high school graduation and
  768  who meets all other eligibility requirements, but who does not
  769  accept his or her award, may reapply during subsequent
  770  application periods up to 3 years after high school graduation.
  771  For a student who enlists in the United States Armed Forces
  772  immediately after completion of high school, the 3-year
  773  eligibility period for his or her initial award shall begin upon
  774  the date of separation from active duty. For a student who is
  775  receiving a Florida Bright Futures Scholarship and discontinues
  776  his or her education to enlist in the United States Armed
  777  Forces, the remainder of his or her 4-year 7-year renewal period
  778  shall commence upon the date of separation from active duty.
  779  Effective for students graduating from high school in the 2010
  780  2011 academic year and thereafter, if a course of study is not
  781  completed after 4 academic years, an exception of 1 year to the
  782  renewal timeframe may be granted due to a verifiable illness or
  783  other documented emergency pursuant to s. 1009.40(1)(b)4.
  784         (6)(a) The State Board of Education shall publicize from
  785  the 2009 SAT Percentile Ranks the examination score required for
  786  a student to be eligible for a Florida Academic Scholars award
  787  pursuant to s. 1009.534(1)(a) or (b), as follows:
  788         1. For high school students graduating in the 2010-2011 and
  789  2011-2012 academic years, the student must earn a score of 1270
  790  or a concordant ACT score of 28.
  791         2. For high school students graduating in the 2012-2013
  792  academic year, the student must earn the 88th SAT percentile
  793  rank score of 1280 or a concordant ACT score of 28.
  794         3. For high school students graduating in the 2013-2014
  795  academic year and thereafter, the student must earn the 89th SAT
  796  percentile rank score of 1290 or a concordant ACT score of 29.
  797         (b) The State Board of Education shall publicize from the
  798  2009 SAT Percentile Ranks the examination score required for a
  799  student to be eligible for a Florida Medallion Scholars award
  800  pursuant to s. 1009.535(1)(a) or (b), as follows:
  801         1. For high school students graduating in the 2010-2011
  802  academic year, the student must earn a score of 970 or a
  803  concordant ACT score of 20; or for home educated students whose
  804  parents cannot document a college-preparatory curriculum, a
  805  score of 1070 or a concordant ACT score of 23.
  806         2. For high school students graduating in the 2011-2012
  807  academic year, the student must earn the 44th SAT percentile
  808  rank score of 980 or a concordant ACT score of 21; or for home
  809  educated students whose parents cannot document a college
  810  preparatory curriculum, a score of 1070 or a concordant ACT
  811  score of 23.
  812         3. For high school students graduating in the 2012-2013
  813  academic year, the student must earn the 50th SAT percentile
  814  rank score of 1020 or a concordant ACT score of 22; or for home
  815  educated students whose parents cannot document a college
  816  preparatory curriculum, a score of 1070 or a concordant ACT
  817  score of 23.
  818         4. For high school students graduating in the 2013-2014
  819  academic year and thereafter, the student must earn the 56th SAT
  820  percentile rank score of 1050 or a concordant ACT score of 23;
  821  or for home educated students whose parents cannot document a
  822  college-preparatory curriculum, a score of 1100 or a concordant
  823  ACT score of 24.
  824         (c) If the percentile ranks in paragraphs (a) and (b) do
  825  not exactly correspond to an SAT score, the next highest
  826  percentile rank shall be used.
  827         Section 14. Section 1009.532, Florida Statutes, is amended
  828  to read:
  829         1009.532 Florida Bright Futures Scholarship Program;
  830  student eligibility requirements for renewal awards.—
  831         (1) To be eligible to renew a scholarship from any of the
  832  three types of scholarships under the Florida Bright Futures
  833  Scholarship Program, a student must:
  834         (a) Effective for students funded in the 2009-2010 academic
  835  year and thereafter, earn at least 24 semester credit hours or
  836  the equivalent in the last academic year in which the student
  837  earned a scholarship if the student was enrolled full time, or a
  838  prorated number of credit hours as determined by the Department
  839  of Education if the student was enrolled less than full time for
  840  any part of the academic year. For students funded prior to the
  841  2010-2011 academic year, if a student fails to earn the minimum
  842  number of hours required to renew the scholarship, the student
  843  shall lose his or her eligibility for renewal for a period
  844  equivalent to 1 academic year. Such student is eligible to
  845  restore the award the following academic year if the student
  846  earns the hours for which he or she was enrolled at the level
  847  defined by the department and meets the grade point average for
  848  renewal. A student is eligible for such restoration one time.
  849  The department shall notify eligible recipients of the
  850  provisions of this paragraph. Each institution shall notify
  851  award recipients of the provisions of this paragraph during the
  852  registration process.
  853         (b) Maintain the cumulative grade point average required by
  854  the scholarship program, except that:
  855         1. If a recipient’s grades fall beneath the average
  856  required to renew a Florida Academic Scholarship, but are
  857  sufficient to renew a Florida Medallion Scholarship or a Florida
  858  Gold Seal Vocational Scholarship, the Department of Education
  859  may grant a renewal from one of those other scholarship
  860  programs, if the student meets the renewal eligibility
  861  requirements; or
  862         2. For students funded prior to the 2010-2011 academic
  863  term, if, at any time during the eligibility period, a student’s
  864  grades are insufficient to renew the scholarship, the student
  865  may restore eligibility by improving the grade point average to
  866  the required level. A student is eligible for such a restoration
  867  one time. The Legislature encourages education institutions to
  868  assist students to calculate whether or not it is possible to
  869  raise the grade point average during the summer term. If the
  870  institution determines that it is possible, the education
  871  institution may so inform the department, which may reserve the
  872  student’s award if funds are available. The renewal, however,
  873  must not be granted until the student achieves the required
  874  cumulative grade point average. If the summer term is not
  875  sufficient to raise the grade point average to the required
  876  renewal level, the student’s next opportunity for renewal is the
  877  fall semester of the following academic year.; or
  878         3. If a student is receiving a Florida Bright Futures
  879  Scholarship, is a servicemember of the Florida National Guard or
  880  United States Reserves while attending a postsecondary
  881  institution, is called to active duty or state active duty, as
  882  defined in s. 250.01, prior to completing his or her degree, and
  883  meets all other requirements for the scholarship, the student
  884  shall be eligible to continue the scholarship for 2 years after
  885  completing active duty or state active duty.
  886         (c) Reimburse or make satisfactory arrangements to
  887  reimburse the institution for the award amount received for
  888  courses dropped after the end of the drop and add period or
  889  courses from which the student withdraws after the end of the
  890  drop and add period unless the student has received an exception
  891  pursuant to s. 1009.53(11).
  892         (2) Effective for students initially funded in the 2010
  893  2011 academic term and thereafter, if a scholarship is not
  894  renewed because of lack of completion of sufficient credit hours
  895  or insufficient grades, the scholarship shall be renewed only
  896  for the following reasons:
  897         (a) The student failed to complete sufficient credit hours,
  898  or to meet sufficient grades requirements due to verifiable
  899  illness or other documented emergency and may be granted an
  900  exception pursuant to s. 1009.40(1)(b)4.; or
  901         (b) If a student is a servicemember of the Florida National
  902  Guard or United States Reserves while attending a postsecondary
  903  institution, is called to active duty or state active duty, as
  904  defined in s. 250.01, prior to completing his or her degree, and
  905  meets all other requirements for the scholarship, the student
  906  shall be eligible to continue the scholarship for 2 years after
  907  completing active duty or state active duty.
  908         (3)(2) A student who is initially funded prior to the 2010
  909  2011 academic year and is enrolled in a program that terminates
  910  in an associate degree or a baccalaureate degree may receive an
  911  award for a maximum of 110 percent of the number of credit hours
  912  required to complete the program. A student who is enrolled in a
  913  program that terminates in a career certificate may receive an
  914  award for a maximum of 110 percent of the credit hours or clock
  915  hours required to complete the program up to 90 credit hours.
  916  However, for a student who is initially funded in the 2010-2011
  917  academic term and thereafter, the student may receive an award
  918  for a maximum of 100 percent of the number of credit hours
  919  required to complete an associate degree or a baccalaureate
  920  degree program, or the student may receive an award for a
  921  maximum of 100 percent of the credit hours or clock hours
  922  required to complete up to 90 credit hours of a program that
  923  terminates in a career certificate. A student who transfers from
  924  one of these program levels to another becomes eligible for the
  925  higher of the two credit hour limits.
  926         Section 15. Subsections (1) and (5) of section 1009.534,
  927  Florida Statutes, are amended to read:
  928         1009.534 Florida Academic Scholars award.—
  929         (1) A student is eligible for a Florida Academic Scholars
  930  award if the student meets the general eligibility requirements
  931  for the Florida Bright Futures Scholarship Program and the
  932  student:
  933         (a) Has achieved a 3.5 weighted grade point average as
  934  calculated pursuant to s. 1009.531, or its equivalent, in high
  935  school courses that are designated by the State Board of
  936  Education as college-preparatory academic courses; and has
  937  attained at least the score pursuant to s. 1009.531(6)(a)
  938  identified by rules of the State Board of Education on the
  939  combined verbal and quantitative parts of the Scholastic
  940  Aptitude Test, the Scholastic Assessment Test, or the recentered
  941  Scholastic Assessment Test of the College Entrance Examination,
  942  or an equivalent score on the ACT Assessment Program; or
  943         (b) Has attended a home education program according to s.
  944  1002.41 during grades 11 and 12 or has completed the
  945  International Baccalaureate curriculum but failed to earn the
  946  International Baccalaureate Diploma or has completed the
  947  Advanced International Certificate of Education curriculum but
  948  failed to earn the Advanced International Certificate of
  949  Education Diploma, and has attained at least the score pursuant
  950  to s. 1009.531(6)(a) identified by rules of the State Board of
  951  Education on the combined verbal and quantitative parts of the
  952  Scholastic Aptitude Test, the Scholastic Assessment Test, or the
  953  recentered Scholastic Assessment Test of the College Entrance
  954  Examination, or an equivalent score on the ACT Assessment
  955  Program; or
  956         (c) Has been awarded an International Baccalaureate Diploma
  957  from the International Baccalaureate Office or an Advanced
  958  International Certificate of Education Diploma from the
  959  University of Cambridge International Examinations Office; or
  960         (d) Has been recognized by the merit or achievement
  961  programs of the National Merit Scholarship Corporation as a
  962  scholar or finalist; or
  963         (e) Has been recognized by the National Hispanic
  964  Recognition Program as a scholar recipient. A student must
  965  complete a program of community service work, as approved by the
  966  district school board or the administrators of a nonpublic
  967  school, which shall include a minimum of 75 hours of service
  968  work and require the student to identify a social problem that
  969  interests him or her, develop a plan for his or her personal
  970  involvement in addressing the problem, and, through papers or
  971  other presentations, evaluate and reflect upon his or her
  972  experience.
  973         (5) Notwithstanding subsections (2) and (4), a Florida
  974  Academic Scholar is eligible for an award equal to the amount
  975  specified in the General Appropriations Act for the 2009-2010
  976  academic year. This subsection expires July 1, 2010.
  977         Section 16. Section 1009.5341, Florida Statutes, is created
  978  to read:
  979         1009.5341 Florida Bright Futures Scholarships for graduate
  980  study.—Bright Futures Scholarship recipients who graduate with a
  981  baccalaureate degree in 7 semesters or equivalent hours or fewer
  982  and wish to pursue graduate study may apply the unused portion
  983  of their academic or medallion scholarship award toward 1
  984  semester of graduate study, not to exceed 15 semester hours paid
  985  at the undergraduate rate. A baccalaureate degree may include,
  986  but is not limited to, college credits earned through dual
  987  enrollment, SAT, and ACT examinations.
  988         Section 17. Subsections (1) and (4) of section 1009.535,
  989  Florida Statutes, are amended to read:
  990         1009.535 Florida Medallion Scholars award.—
  991         (1) A student is eligible for a Florida Medallion Scholars
  992  award if the student meets the general eligibility requirements
  993  for the Florida Bright Futures Scholarship Program and the
  994  student:
  995         (a) Has achieved a weighted grade point average of 3.0 as
  996  calculated pursuant to s. 1009.531, or the equivalent, in high
  997  school courses that are designated by the State Board of
  998  Education as college-preparatory academic courses; and has
  999  attained at least the score pursuant to s. 1009.531(6)(b)
 1000  identified by rules of the State Board of Education on the
 1001  combined verbal and quantitative parts of the Scholastic
 1002  Aptitude Test, the Scholastic Assessment Test, or the recentered
 1003  Scholastic Assessment Test of the College Entrance Examination,
 1004  or an equivalent score on the ACT Assessment Program; or
 1005         (b) Has attended a home education program according to s.
 1006  1002.41 during grades 11 and 12 or has completed the
 1007  International Baccalaureate curriculum but failed to earn the
 1008  International Baccalaureate Diploma or has completed the
 1009  Advanced International Certificate of Education curriculum but
 1010  failed to earn the Advanced International Certificate of
 1011  Education Diploma, and has attained at least the score pursuant
 1012  to s. 1009.531(6)(b) identified by rules of the State Board of
 1013  Education on the combined verbal and quantitative parts of the
 1014  Scholastic Aptitude Test, the Scholastic Assessment Test, or the
 1015  recentered Scholastic Assessment Test of the College Entrance
 1016  Examination, or an equivalent score on the ACT Assessment
 1017  Program; or
 1018         (c) Has attended a home education program according to s.
 1019  1002.41 during grades 11 and 12 and has attained at least the
 1020  score pursuant to s. 1009.531(6)(b) on the combined verbal and
 1021  quantitative parts of the Scholastic Aptitude Test, the
 1022  Scholastic Assessment Test, or the recentered Scholastic
 1023  Assessment Test of the College Entrance Examination, or an
 1024  equivalent score on the ACT Assessment Program for award
 1025  eligibility for students whose parents cannot document a
 1026  college-preparatory curriculum under paragraph (a);
 1027         (d)(c) Has been recognized by the merit or achievement
 1028  program of the National Merit Scholarship Corporation as a
 1029  scholar or finalist but has not completed a program of community
 1030  service as provided in s. 1009.534; or
 1031         (e)(d) Has been recognized by the National Hispanic
 1032  Recognition Program as a scholar, but has not completed a
 1033  program of community service as provided in s. 1009.534.
 1034         (4) Notwithstanding subsection (2), a Florida Medallion
 1035  Scholar is eligible for an award equal to the amount specified
 1036  in the General Appropriations Act for the 2009-2010 academic
 1037  year. This subsection expires July 1, 2010.
 1038         Section 18. Section 1009.537, Florida Statutes, is
 1039  repealed.
 1040         Section 19. Subsections (4) and (5) of section 1009.536,
 1041  Florida Statutes, are amended to read:
 1042         1009.536 Florida Gold Seal Vocational Scholars award.—The
 1043  Florida Gold Seal Vocational Scholars award is created within
 1044  the Florida Bright Futures Scholarship Program to recognize and
 1045  reward academic achievement and career preparation by high
 1046  school students who wish to continue their education.
 1047         (4) A student may earn a Florida Gold Seal Vocational
 1048  Scholarship for 110 percent of the number of credit hours
 1049  required to complete the program, up to 90 credit hours or the
 1050  equivalent. However, for a student who is initially funded in
 1051  the 2010-2011 academic term and thereafter, the student may earn
 1052  a Florida Gold Seal Vocational Scholarship for 100 percent of
 1053  the number of credit hours required to complete the program, up
 1054  to 90 credit hours or the equivalent.
 1055         (5) Notwithstanding subsection (2), a Florida Gold Seal
 1056  Vocational Scholar is eligible for an award equal to the amount
 1057  specified in the General Appropriations Act for the 2009-2010
 1058  academic year. This subsection expires July 1, 2010.
 1059         Section 20. Section 1009.5385, Florida Statutes, is
 1060  repealed.
 1061         Section 21. Subsections (2), (3), and (4) of section
 1062  1009.72, Florida Statutes, are amended to read:
 1063         1009.72 Jose Marti Scholarship Challenge Grant Program.—
 1064         (2) Funds appropriated by the Legislature for the program
 1065  shall be deposited in the State Student Financial Assistance
 1066  Trust Fund. The Chief Financial Officer shall authorize
 1067  expenditures from the trust fund upon receipt of vouchers
 1068  approved by the Department of Education. All moneys collected
 1069  from private sources for the purposes of this section shall be
 1070  deposited into the State Student Financial Assistance Trust
 1071  Fund. Any balance in the trust fund at the end of any fiscal
 1072  year which that has been allocated to the program shall remain
 1073  therein and shall be available for carrying out the purposes of
 1074  the program. All funds deposited into the trust fund for the
 1075  program shall be invested pursuant to s. 17.61. Interest income
 1076  accruing to that portion of the funds which are allocated to the
 1077  program in the trust fund and not matched shall increase the
 1078  total funds available for the program.
 1079         (3) The Legislature may appropriate funds shall designate
 1080  funds to be transferred to the trust fund for the program from
 1081  the General Revenue Fund. Such funds shall be divided into
 1082  challenge grants to be administered by the Department of
 1083  Education. All appropriated funds deposited into the trust fund
 1084  for the program shall be invested pursuant to the provisions of
 1085  s. 17.61. Interest income accruing to that portion of the funds
 1086  that are allocated to the program in the trust fund and not
 1087  matched shall increase the total funds available for the
 1088  program.
 1089         (4) The amounts amount appropriated to the trust fund for
 1090  the program shall be allocated by the department on the basis of
 1091  one $5,000 challenge grant for each $2,500 raised from private
 1092  sources. Matching funds shall be generated through contributions
 1093  made after July 1, 1986, and pledged for the purposes of this
 1094  section. Pledged contributions shall not be eligible for
 1095  matching prior to the actual collection of the total funds.
 1096         Section 22. Subsections (2), (3), and (4) of section
 1097  1009.73, Florida Statutes, are amended to read:
 1098         1009.73 Mary McLeod Bethune Scholarship Program.—
 1099         (2) Funds appropriated by the Legislature for the program
 1100  shall be deposited in the State Student Financial Assistance
 1101  Trust Fund. The Chief Financial Officer shall authorize
 1102  expenditures from the trust fund upon receipt of vouchers
 1103  approved by the Department of Education. The Department of
 1104  Education shall receive all moneys collected from private
 1105  sources for the purposes of this section and shall deposit such
 1106  moneys into the State Student Financial Assistance Trust Fund.
 1107  Notwithstanding the provisions of s. 216.301 and pursuant to s.
 1108  216.351, any balance in the trust fund at the end of any fiscal
 1109  year which that has been allocated to the program shall remain
 1110  in the trust fund and shall be available for carrying out the
 1111  purposes of the program. All moneys deposited into the trust
 1112  fund for the program shall be invested pursuant to s. 17.61.
 1113  Interest income accruing to that portion of the funds which are
 1114  allocated to the program in the trust fund and not matched shall
 1115  increase the total funds available for the program.
 1116         (3) The Legislature may appropriate funds shall appropriate
 1117  moneys to the trust fund for the program from the General
 1118  Revenue Fund. Such moneys shall be applied to scholarships to be
 1119  administered by the Department of Education. All moneys
 1120  deposited into the trust fund for the program shall be invested
 1121  pursuant to the provisions of s. 17.61. Interest income accruing
 1122  to the program shall be expended to increase the total moneys
 1123  available for scholarships.
 1124         (4) The moneys in the trust fund for the program shall be
 1125  allocated by the department among the institutions of higher
 1126  education listed in subsection (1) on the basis of one $2,000
 1127  challenge grant for each $1,000 raised from private sources.
 1128  Matching funds shall be generated through contributions made
 1129  after July 1, 1990, and pledged for the purposes of this
 1130  section. Pledged contributions shall not be eligible for
 1131  matching prior to the actual collection of the total funds. The
 1132  department shall allocate to each of those institutions a
 1133  proportionate share of the contributions received on behalf of
 1134  those institutions and a share of the appropriations and
 1135  matching funds generated by such institution.
 1136         Section 23. Paragraph (e) is added to subsection (1) of
 1137  section 1010.62, Florida Statutes, to read:
 1138         1010.62 Revenue bonds and debt.—
 1139         (1) As used in this section, the term:
 1140         (e) “Auxiliary enterprise” means any activity defined in s.
 1141  1011.47(1) and performed by a university or a direct-support
 1142  organization.
 1143         Section 24. Subsection (2) of section 1010.87, Florida
 1144  Statutes, is amended to read:
 1145         1010.87 Workers’ Compensation Administration Trust Fund
 1146  within the Department of Education.—
 1147         (2) Funds appropriated by nonoperating transfer from the
 1148  Department of Financial Services Workers’ Compensation
 1149  Administration Trust Fund which remain unencumbered as of June
 1150  30 or undisbursed as of September 30 shall revert to the
 1151  Department of Financial Services Workers’ Compensation
 1152  Administration Trust Fund. Notwithstanding the provisions of s.
 1153  216.301 and pursuant to s. 216.351, any balance in the trust
 1154  fund at the end of any fiscal year shall remain in the trust
 1155  fund at the end of the year and shall be available for carrying
 1156  out the purposes of the trust fund.
 1157         Section 25. Paragraph (a) of subsection (5) of section
 1158  1011.80, Florida Statutes, is amended to read:
 1159         1011.80 Funds for operation of workforce education
 1160  programs.—
 1161         (5) State funding and student fees for workforce education
 1162  instruction shall be established as follows:
 1163         (a) Expenditures for the continuing workforce education
 1164  program provided by the community colleges or school districts
 1165  must be fully supported by fees. Enrollments in continuing
 1166  workforce education courses shall not be counted for purposes of
 1167  funding full-time equivalent enrollment. For a continuing
 1168  workforce education course, state funding shall equal 50 percent
 1169  of the cost of instruction, with student fees, business support,
 1170  quick-response training funds, or other means making up the
 1171  remaining 50 percent.
 1172         Section 26. Section 1012.885, Florida Statutes, is created
 1173  to read:
 1174         1012.885 Remuneration of community college presidents;
 1175  limitations.—
 1176         (1) DEFINITIONS.—As used in this section, the term:
 1177         (a) “Cash-equivalent compensation” means any benefit that
 1178  may be assigned an equivalent cash value.
 1179         (b) “Public funds” means funds appropriated from the
 1180  General Revenue Fund, funds appropriated from state trust funds,
 1181  tuition and fees, or any funds from a community college trust
 1182  fund regardless of repository.
 1183         (c) “Remuneration” means salary, bonuses, and cash
 1184  equivalent compensation paid to a community college president by
 1185  his or her employer for work performed, excluding health
 1186  insurance benefits and retirement benefits.
 1187         (2) LIMITATION ON COMPENSATION.—Notwithstanding any other
 1188  law, resolution, or rule to the contrary, a community college
 1189  president may not receive more than $225,000 in remuneration
 1190  annually from appropriated state funds. Only compensation, as
 1191  such term is defined in s. 121.021(22), provided to a community
 1192  college president may be used in calculating benefits under
 1193  chapter 121.
 1194         (3) EXCEPTIONS.—This section does not prohibit any party
 1195  from providing cash or cash-equivalent compensation from funds
 1196  that are not appropriated state funds to a community college
 1197  president in excess of the limit in subsection (2). If a party
 1198  is unable or unwilling to fulfill an obligation to provide cash
 1199  or cash-equivalent compensation to a community college president
 1200  as permitted under this subsection, appropriated state funds may
 1201  not be used to fulfill such obligation.
 1202         Section 27. The Office of Program Policy Analysis and
 1203  Government Accountability shall conduct a review of the public
 1204  school adult workforce education programs and the community
 1205  college and state college workforce education programs for the
 1206  purpose of identifying and analyzing the positive and negative
 1207  aspects of merging the school district programs with the
 1208  community college and state college programs. The office shall
 1209  submit the results of its review to the Legislature by December
 1210  1, 2010.
 1211         Section 28. This act shall take effect July 1, 2010.

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