October 20, 2020
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       Florida Senate - 2009                             CS for SB 1696
       
       
       
       By the Committee on Higher Education Appropriations; and Senator
       Lynn
       
       
       
       605-03985-09                                          20091696c1
    1                        A bill to be entitled                      
    2         An act relating to higher education funding; amending
    3         s. 216.136, F.S.; requiring the Education Estimating
    4         Conference to develop information relating to the
    5         national average of tuition and fees; amending s.
    6         1001.64, F.S.; prohibiting a community college board
    7         of trustees from entering into an employment contract
    8         that requires the community college to pay the
    9         president an amount from state funds in excess of 1
   10         year of the president’s annual salary for termination,
   11         buy-out, or any other type of contract settlement;
   12         providing that the payment of leave and benefits
   13         accrued by the president before the contract
   14         terminates is not prohibited; limiting the
   15         remuneration that a community college president
   16         receives annually from state funds; providing a
   17         definition for the term “remuneration”; limiting the
   18         president’s compensation that is used to calculate
   19         benefits under ch. 121, F.S.; amending s. 1001.706,
   20         F.S.; prohibiting the Board of Governors from entering
   21         into an employment contract that requires the board to
   22         pay an employee an amount from state funds in excess
   23         of 1 year of the employee’s annual salary for
   24         termination, buy-out, or any other type of contract
   25         settlement; providing that the payment of leave and
   26         benefits accrued by the employee before the contract
   27         terminates is not prohibited; amending s. 1001.74,
   28         F.S.; prohibiting a university board of trustees from
   29         entering into an employment contract that requires the
   30         university to pay an employee an amount from state
   31         funds in excess of 1 year of the employee’s annual
   32         salary for termination, buy-out, or any other type of
   33         contract settlement; providing that the payment of
   34         leave and benefits accrued by the employee before the
   35         contract terminates is not prohibited; amending s.
   36         1007.33, F.S.; suspending the authorization for a
   37         community college or the State Board of Education to
   38         develop new community college baccalaureate degree
   39         programs during the 2009-2010 fiscal year; amending s.
   40         1009.01, F.S.; revising the definition of the term
   41         “tuition differential”; amending s. 1009.21, F.S.;
   42         revising definitions; defining the terms “initial
   43         enrollment” and “nonresident for tuition purposes”;
   44         revising provisions relating to the qualifications as
   45         a resident for tuition purposes; requiring certain
   46         documentation to demonstrate state residency; creating
   47         s. 1009.286, F.S.; requiring an additional payment for
   48         credit hours exceeding the requirements for completing
   49         a baccalaureate degree program; providing exceptions;
   50         requiring notice upon a student’s initial enrollment
   51         in a state university or community college; amending
   52         s. 1009.53, F.S.; requiring that an institution refund
   53         within a specified period after the end of a semester
   54         funds from the Florida Bright Futures Scholarship for
   55         courses dropped by students after the end of the drop
   56         and add period; providing exceptions; amending s.
   57         1009.532, F.S.; revising the requirements for student
   58         eligibility to renew a scholarship under the Florida
   59         Bright Futures Scholarship Program; amending s.
   60         1009.534, F.S.; revising provisions relating to the
   61         Florida Academic Scholars Award; amending s. 1009.536,
   62         F.S.; deleting a provision that allows a Florida Gold
   63         Seal Scholar to apply for a Florida Medallion Scholars
   64         award; amending ss. 1009.57, 1009.58, 1009.59,
   65         1009.60, and 1009.605, F.S.; revising provisions
   66         relating to the Florida Teacher Scholarship and
   67         Forgivable Loan Program, the Critical Teacher Shortage
   68         Student Loan Forgiveness Program, the minority teacher
   69         education scholars program, and the Florida Fund for
   70         Minority Teachers, Inc.; requiring that the amount of
   71         scholarships awarded under such programs be prorated
   72         based on available appropriations and not exceed
   73         specified amounts; amending s. 1009.701, F.S.;
   74         requiring that an applicant under the First Generation
   75         Matching Grant Program meet the same eligibility
   76         requirements required under the Florida Public Student
   77         Assistance Grant Program; repealing s. 1009.765, F.S.,
   78         relating to Ethics in Business scholarships for
   79         community colleges and independent postsecondary
   80         educational institutions; amending s. 1009.98, F.S.;
   81         revising provisions relating to the prepaid community
   82         college and university plans; authorizing the Florida
   83         Prepaid College Board to offer an advance payment
   84         contract covering certain fees for such plans;
   85         providing definitions regarding payments on behalf of
   86         qualified beneficiaries of an advance payment
   87         contract; providing the amounts of fees to be paid by
   88         the board; providing an exemption for certain
   89         qualified beneficiaries from paying any tuition
   90         differential fee; requiring that the board pay state
   91         universities the actual amount assessed for
   92         registration fees and tuition differential fees for
   93         certain advanced payment contracts; requiring that the
   94         board pay state universities the actual amount
   95         assessed for local fees and dormitory fees; requiring
   96         that the board pay community colleges and career
   97         centers the actual amount assessed for registration
   98         fees and local fees; amending s. 1011.83, F.S.;
   99         revising provisions relating to financial support of
  100         community colleges; providing for state funding of
  101         baccalaureate degree programs in the General
  102         Appropriations Act; requiring that the Board of
  103         Governors review a community college’s baccalaureate
  104         degree programs for possible transfer under the Board
  105         of Governors’ oversight if the community college
  106         offers more than a specified number of baccalaureate
  107         degrees; amending ss. 1011.32, 1011.85, and 1011.94,
  108         F.S.; requiring that donors be notified of a delay in
  109         the availability of state matching funds for the
  110         Community College Facility Enhancement Challenge Grant
  111         Program, the Dr. Philip Benjamin Matching Grant
  112         Program for Community Colleges, and the University
  113         Major Gifts Program; amending s. 1012.83, F.S.;
  114         conforming provisions relating to contracts with
  115         community college administrative and instructional
  116         staff to changes made by the act; amending s. 1013.79,
  117         F.S.; providing that a university is not precluded
  118         from expending funds from private sources to develop a
  119         prospectus; requiring that donors be notified of a
  120         delay in the availability of state matching funds for
  121         the University Facility Enhancement Challenge Grant
  122         Program; providing an effective date.
  123  
  124  Be It Enacted by the Legislature of the State of Florida:
  125  
  126         Section 1. Paragraph (a) of subsection (4) of section
  127  216.136, Florida Statutes, is amended to read:
  128         216.136 Consensus estimating conferences; duties and
  129  principals.—
  130         (4) EDUCATION ESTIMATING CONFERENCE.—
  131         (a) The Education Estimating Conference shall develop such
  132  official information relating to the state public and private
  133  educational system, including forecasts of student enrollments,
  134  the national average of tuition and fees at public postsecondary
  135  educational institutions, the number of students qualified for
  136  state financial aid programs and for the William L. Boyd, IV,
  137  Florida Resident Access Grant Program and the appropriation
  138  required to fund the full award amounts for each program, fixed
  139  capital outlay needs, and Florida Education Finance Program
  140  formula needs, as the conference determines is needed for the
  141  state planning and budgeting system. The conference’s initial
  142  projections of enrollments in public schools shall be forwarded
  143  by the conference to each school district no later than 2 months
  144  prior to the start of the regular session of the Legislature.
  145  Each school district may, in writing, request adjustments to the
  146  initial projections. Any adjustment request shall be submitted
  147  to the conference no later than 1 month prior to the start of
  148  the regular session of the Legislature and shall be considered
  149  by the principals of the conference. A school district may amend
  150  its adjustment request, in writing, during the first 3 weeks of
  151  the legislative session, and such amended adjustment request
  152  shall be considered by the principals of the conference. For any
  153  adjustment so requested, the district shall indicate and
  154  explain, using definitions adopted by the conference, the
  155  components of anticipated enrollment changes that correspond to
  156  continuation of current programs with workload changes; program
  157  improvement; program reduction or elimination; initiation of new
  158  programs; and any other information that may be needed by the
  159  Legislature. For public schools, the conference shall submit its
  160  full-time equivalent student consensus estimate to the
  161  Legislature no later than 1 month after the start of the regular
  162  session of the Legislature. No conference estimate may be
  163  changed without the agreement of the full conference.
  164         Section 2. Subsections (47) and (48) are added to section
  165  1001.64, Florida Statutes, to read:
  166         1001.64 Community college boards of trustees; powers and
  167  duties.—
  168         (47)A board of trustees may not enter into an employment
  169  contract that requires the community college to pay a community
  170  college president an amount from state funds in excess of 1 year
  171  of the president’s annual salary for termination, buy-out, or
  172  any other type of contract settlement. This subsection does not
  173  prohibit the payment of leave and benefits accrued by the
  174  president in accordance with the community college’s leave and
  175  benefits policies before the contract terminates.
  176         (48)Notwithstanding any other law, resolution, or rule to
  177  the contrary, a community college president may not receive more
  178  than $225,000 in remuneration annually from state funds. As used
  179  in this subsection, the term “remuneration” means salary,
  180  bonuses, and cash-equivalent compensation paid to a community
  181  college president by his or her employer for work performed,
  182  excluding health insurance benefits and retirement benefits.
  183  Only compensation, as defined in s. 121.021(22), which is
  184  provided to a community college president may be used in
  185  calculating benefits under chapter 121.
  186         Section 3. Paragraph (d) is added to subsection (5) of
  187  section 1001.706, Florida Statutes, to read:
  188         1001.706 Powers and duties of the Board of Governors.—
  189         (5) POWERS AND DUTIES RELATING TO PERSONNEL.—
  190         (d)The Board of Governors may not enter into an employment
  191  contract that requires the board to pay an employee an amount
  192  from state funds in excess of 1 year of the employee’s annual
  193  salary for termination, buy-out, or any other type of contract
  194  settlement. This subsection does not prohibit the payment of
  195  leave and benefits accrued by the employee in accordance with
  196  the board’s leave and benefits policies before the contract
  197  terminates.
  198         Section 4. Paragraph (d) is added to subsection (5) of
  199  section 1001.74, Florida Statutes, to read:
  200         1001.74 Powers and duties of university boards of
  201  trustees.—
  202         (5) POWERS AND DUTIES RELATING TO PERSONNEL.—
  203         (d)A board of trustees may not enter into an employment
  204  contract that requires the university to pay an employee an
  205  amount from state funds in excess of 1 year of the employee’s
  206  annual salary for termination, buy-out, or any other type of
  207  contract settlement. This subsection does not prohibit the
  208  payment of leave and benefits accrued by the employee in
  209  accordance with the university’s leave and benefits policies
  210  before the contract terminates.
  211         Section 5. Subsection (5) is added to section 1007.33,
  212  Florida Statutes, to read:
  213         1007.33 Site-determined baccalaureate degree access.—
  214         (5)The authorization provided in this section, and any
  215  other state law, for a community college or the State Board of
  216  Education to develop new community college baccalaureate degree
  217  programs, is suspended during the 2009-2010 fiscal year.
  218         Section 6. Subsection (3) of section 1009.01, Florida
  219  Statutes, is amended to read:
  220         1009.01 Definitions.—The term:
  221         (3) “Tuition differential” means the supplemental fee
  222  charged to a student for instruction provided by a public
  223  university in this state pursuant to s. 1009.24(16).
  224         Section 7. Subsections (1), (2), (3), and (4) and paragraph
  225  (d) of subsection (10) of section 1009.21, Florida Statutes, are
  226  amended to read:
  227         1009.21 Determination of resident status for tuition
  228  purposes.—Students shall be classified as residents or
  229  nonresidents for the purpose of assessing tuition in community
  230  colleges and state universities.
  231         (1) As used in this section, the term:
  232         (a) The term “Dependent child” means any person, whether or
  233  not living with his or her parent, who is eligible to be claimed
  234  by his or her parent as a dependent under the federal income tax
  235  code.
  236         (b)“Initial enrollment” means the first day of class at an
  237  institution of higher education.
  238         (c)(b)The term “Institution of higher education” means any
  239  public community college as defined in s. 1000.21(3) or state
  240  university as defined in s. 1000.21(6).
  241         (d)(c)A “Legal resident” or “resident” means is a person
  242  who has maintained his or her residence in this state for the
  243  preceding year, has purchased a home which is occupied by him or
  244  her as his or her residence, or has established a domicile in
  245  this state pursuant to s. 222.17.
  246         (e)“Nonresident for tuition purposes” means a person who
  247  does not qualify for the in-state tuition rate.
  248         (f)(d)The term “Parent” means the natural or adoptive
  249  parent or legal guardian of a dependent child.
  250         (g)(e)A “Resident for tuition purposes” means is a person
  251  who qualifies as provided in subsection (2) for the in-state
  252  tuition rate; a “nonresident for tuition purposes” is a person
  253  who does not qualify for the in-state tuition rate.
  254         (2)(a) To qualify as a resident for tuition purposes:
  255         1. A person or, if that person is a dependent child, his or
  256  her parent or parents must have established legal residence in
  257  this state and must have maintained legal residence in this
  258  state for at least 12 consecutive months immediately prior to
  259  his or her initial enrollment in an institution of higher
  260  education qualification. Legal residence must be established by
  261  written or electronic verification including two or more of the
  262  following documents that demonstrate clear and convincing
  263  evidence of continuous residence in the state for at least 12
  264  consecutive months prior to the student’s initial enrollment in
  265  an institution of higher education:
  266         a.A voter information card pursuant to s. 97.071;
  267         b.A driver’s license;
  268         c.An identification card issued by the State of Florida;
  269         d.A vehicle registration;
  270         e.A declaration of domicile;
  271         f.Proof of purchase of a permanent home;
  272         g.Proof of a homestead exemption in Florida;
  273         h.A transcript from a Florida high school;
  274         i.A Florida high school equivalency diploma and
  275  transcript;
  276         j.Proof of permanent full-time employment;
  277         k.Proof of 12 consecutive months of payment of utility
  278  bills;
  279         l.A domicile lease and proof of 12 consecutive months of
  280  payments; or
  281         m.Other official state or court documents evidencing legal
  282  ties to Florida.
  283  
  284  No single piece of evidence shall be conclusive.
  285         2. Every applicant for admission to an institution of
  286  higher education shall be required to make a statement as to his
  287  or her length of residence in the state and, further, shall
  288  establish that his or her presence or, if the applicant is a
  289  dependent child, the presence of his or her parent or parents in
  290  the state currently is, and during the requisite 12-month
  291  qualifying period was, for the purpose of maintaining a bona
  292  fide domicile, rather than for the purpose of maintaining a mere
  293  temporary residence or abode incident to enrollment in an
  294  institution of higher education.
  295         (b) However, with respect to a dependent child living with
  296  an adult relative other than the child’s parent, such child may
  297  qualify as a resident for tuition purposes if the adult relative
  298  is a legal resident who has maintained legal residence in this
  299  state for at least 12 consecutive months immediately prior to
  300  the child’s initial enrollment in an institution of higher
  301  education qualification, provided the child has resided
  302  continuously with such relative for the 5 years immediately
  303  prior to the child’s initial enrollment in an institution of
  304  higher education qualification, during which time the adult
  305  relative has exercised day-to-day care, supervision, and control
  306  of the child.
  307         (c) The legal residence of a dependent child whose parents
  308  are divorced, separated, or otherwise living apart will be
  309  deemed to be this state if either parent is a legal resident of
  310  this state, regardless of which parent is entitled to claim, and
  311  does in fact claim, the minor as a dependent pursuant to federal
  312  individual income tax provisions.
  313         (d)A person who is classified as a nonresident for tuition
  314  purposes may become eligible for reclassification as a resident
  315  for tuition purposes if that person or, if that person is a
  316  dependent child, his or her parent presents clear and convincing
  317  evidence that supports permanent residency in this state rather
  318  than temporary residency for the purpose of pursuing an
  319  education, such as documentation of full-time permanent
  320  employment for the prior 12 months or the purchase of a home in
  321  this state and residence therein for the prior 12 months. If a
  322  person who is a dependent child and his or her parent move to
  323  this state while such child is a high school student and the
  324  child graduates from a high school in this state, the child may
  325  become eligible for reclassification as a resident for tuition
  326  purposes when the parent qualifies for permanent residency.
  327         (3)(a) An individual shall not be classified as a resident
  328  for tuition purposes and, thus, shall not be eligible to receive
  329  the in-state tuition rate until he or she has provided such
  330  evidence related to legal residence and its duration or, if the
  331  individual is a dependent child, documentation of his or her
  332  parent’s legal residence and its duration, as well as
  333  documentation confirming his or her status as a dependent child,
  334  as may be required by law and by officials of the institution of
  335  higher education from which he or she seeks the in-state tuition
  336  rate. The documentation must provide clear and convincing
  337  evidence that the individual has been a resident in this state
  338  for a minimum of 12 consecutive months prior to the student’s
  339  initial enrollment in an institution of higher education. No
  340  single piece of evidence shall be conclusive.
  341         (b)Each institution of higher learning shall:
  342         1.Determine whether an applicant who has been granted
  343  admission to that institution is a dependent child.
  344         2.Affirmatively determine that an applicant who has been
  345  granted admission to that institution as a Florida resident
  346  meets the residency requirements of this section at the time of
  347  his or her initial enrollment.
  348         (4) With respect to a dependent child, the legal residence
  349  of the dependent child’s such individual’s parent or parents is
  350  prima facie evidence of the dependent child’s individual’s legal
  351  residence, which evidence may be reinforced or rebutted,
  352  relative to the age and general circumstances of the dependent
  353  child individual, by the other evidence of legal residence
  354  required of or presented by the dependent child individual.
  355  However, the legal residence of a dependent child’s an
  356  individual whose parent or parents who are domiciled outside
  357  this state is not prima facie evidence of the dependent child’s
  358  individual’s legal residence if that dependent child individual
  359  has lived in this state for 5 consecutive years prior to
  360  enrolling or reregistering at the institution of higher
  361  education at which resident status for tuition purposes is
  362  sought.
  363         (10) The following persons shall be classified as residents
  364  for tuition purposes:
  365         (d) Full-time instructional and administrative personnel
  366  employed by state public schools, community colleges, and
  367  institutions of higher education, as defined in s. 1000.04, and
  368  their spouses and dependent children.
  369         Section 8. Section 1009.286, Florida Statutes, is created
  370  to read:
  371         1009.286Additional student payment required for hours
  372  exceeding graduation requirements.—
  373         (1)It is the intent of the Legislature to encourage each
  374  undergraduate student who enrolls in a state university to
  375  complete the student’s respective baccalaureate degree program
  376  in the most efficient way possible while providing for access to
  377  additional college coursework. Therefore, the Legislature
  378  intends to enact a policy that provides incentives for efficient
  379  baccalaureate degree completion.
  380         (2)State universities shall require a student to pay an
  381  excess hour surcharge equal to 50 percent of the tuition rate
  382  for each credit hour in excess of 120 percent of the number of
  383  credit hours required to complete the baccalaureate degree
  384  program in which the student is enrolled, in accordance with the
  385  provisions of this section.
  386         (3)The provisions of this section shall become effective
  387  for students who enter a community college or a state university
  388  for the first time in the 2009-2010 academic year and
  389  thereafter.
  390         (4)Except as otherwise provided by law, and for purposes
  391  of this section, the following credit hours shall be included
  392  when calculating the number of hours taken by a student:
  393         (a)All credit hours for courses taken at the state
  394  university from which the student is seeking a baccalaureate
  395  degree, including failed courses, courses that are dropped after
  396  the university’s advertised last day of the drop and add period,
  397  and repeated courses, except for which the student has paid the
  398  full cost of instruction as provided in s. 1009.285.
  399         (b)All credit hours earned at another institution and
  400  accepted for transfer by the state university and applied toward
  401  the student’s baccalaureate degree program.
  402         (5)For purposes of this section, credit hours earned under
  403  the following circumstances are not calculated as hours required
  404  to earn a baccalaureate degree:
  405         (a)College credits earned through an articulated
  406  accelerated mechanism identified in s. 1007.27.
  407         (b)Credit hours earned through internship programs.
  408         (c)Credit hours required for certification,
  409  recertification, or certificate programs.
  410         (d)Credit hours in courses from which a student must
  411  withdraw due to reasons of medical or personal hardship.
  412         (e)Credit hours taken by active-duty military personnel.
  413         (f)Credit hours required to achieve a dual major taken
  414  while pursuing a baccalaureate degree.
  415         (g)Remedial and English as a Second Language credit hours.
  416         (h)Credit hours earned in military science courses
  417  (R.O.T.C.).
  418         (6)Each state university and community college shall
  419  implement a process for notifying students regarding the
  420  provisions of this section. The notice must be provided to a
  421  student upon his or her initial enrollment in the institution
  422  and again upon the student’s having earned the credit hours
  423  required to complete the baccalaureate degree program in which
  424  the student is enrolled. The notice must include a
  425  recommendation that each student who intends to earn credit
  426  hours at the institution in excess of the credit hours required
  427  for the baccalaureate degree program in which the student is
  428  enrolled meet with his or her academic advisor.
  429         (7)For purposes of this section, the term “state
  430  university” includes the institutions identified in s.
  431  1000.21(6) and the term “community college” includes the
  432  institutions identified in s. 1000.21(3).
  433         Section 9. Paragraph (a) of subsection (5) of section
  434  1009.53, Florida Statutes, is amended, and subsection (11) is
  435  added to that section, to read:
  436         1009.53 Florida Bright Futures Scholarship Program.—
  437         (5) The department shall issue awards from the scholarship
  438  program annually. Annual awards may be for up to 45 semester
  439  credit hours or the equivalent. Before the registration period
  440  each semester, the department shall transmit payment for each
  441  award to the president or director of the postsecondary
  442  education institution, or his or her representative, except that
  443  the department may withhold payment if the receiving institution
  444  fails to report or to make refunds to the department as required
  445  in this section.
  446         (a) Within 30 days after the end of regular registration
  447  each semester, the educational institution shall certify to the
  448  department the eligibility status of each student who receives
  449  an award. After the end of the drop and add period, an
  450  institution is not required to reevaluate or revise a student’s
  451  eligibility status; however, an institution but must make a
  452  refund to the department within 30 days after the end of the
  453  semester of any funds received for courses dropped by students
  454  after the end of the drop and add period unless a student has
  455  been granted an exception by the department pursuant to
  456  subsection (11) if a student who receives an award disbursement
  457  terminates enrollment for any reason during an academic term and
  458  a refund is permitted by the institution’s refund policy.
  459         (11)Funds for any scholarship within the Florida Bright
  460  Futures Scholarship Program may not be used to pay for courses
  461  dropped after the end of the drop and add period. However, a
  462  student who receives an award under this program and
  463  subsequently drops one or more courses, or withdraws from all
  464  courses, after the end of the drop and add period due to a
  465  verifiable illness or other emergency may be granted an
  466  exception, unless the institution’s policy is to refund the cost
  467  of the courses. The student must make a written appeal for such
  468  an exception to the institution. The appeal must include a
  469  description and verification of the circumstances. Verification
  470  of illness or other emergency may include, but not be limited
  471  to, a physician’s statement or the written statement of a parent
  472  or institution official. The institution shall recommend the
  473  exceptions and necessary documentation to the department. The
  474  department may accept or reject the institution’s
  475  recommendations.
  476         Section 10. Paragraph (a) of subsection (1) of section
  477  1009.532, Florida Statutes, is amended to read:
  478         1009.532 Florida Bright Futures Scholarship Program;
  479  student eligibility requirements for renewal awards.—
  480         (1) To be eligible to renew a scholarship from any of the
  481  three types of scholarships under the Florida Bright Futures
  482  Scholarship Program, a student must:
  483         (a) Complete at least 24 12 semester credit hours or the
  484  equivalent in the last academic year in which the student earned
  485  a scholarship if the student was enrolled full time, or a
  486  prorated number of credit hours as determined by the Department
  487  of Education if the student was enrolled less than full time for
  488  any part of the academic year. This paragraph also applies to
  489  students who were enrolled and funded in the 2008-2009 academic
  490  year.
  491         Section 11. Subsection (2) of section 1009.534, Florida
  492  Statutes, is amended to read:
  493         1009.534 Florida Academic Scholars award.—
  494         (2) Effective January 1, 2008, a Florida Academic Scholar
  495  who is enrolled in a public postsecondary education institution
  496  is eligible for an award equal to the amount required to pay
  497  tuition and, fees, and an additional amount for college-related
  498  expenses annually as specified in law or the General
  499  Appropriations Act. A student who is enrolled in a nonpublic
  500  postsecondary education institution is eligible for an award
  501  equal to the amount that would be required to pay for the
  502  average tuition and fees of a public postsecondary education
  503  institution at the comparable level, plus the annual amount
  504  specified in law or the General Appropriations Act for college
  505  related expenses.
  506         Section 12. Subsection (4) of section 1009.536, Florida
  507  Statutes, is amended to read:
  508         1009.536 Florida Gold Seal Vocational Scholars award.—The
  509  Florida Gold Seal Vocational Scholars award is created within
  510  the Florida Bright Futures Scholarship Program to recognize and
  511  reward academic achievement and career preparation by high
  512  school students who wish to continue their education.
  513         (4) A student may earn a Florida Gold Seal Vocational
  514  Scholarship for 110 percent of the number of credit hours
  515  required to complete the program, up to 90 credit hours or the
  516  equivalent. A Florida Gold Seal Scholar who has a cumulative
  517  grade point average of 2.75 in all postsecondary education work
  518  attempted may apply for a Florida Medallion Scholars award at
  519  any renewal period. All other provisions of that program apply,
  520  and the credit-hour limitation must be calculated by subtracting
  521  from the student’s total eligibility the number of credit hours
  522  the student attempted while earning the Gold Seal Vocational
  523  Scholarship.
  524         Section 13. Paragraph (b) of subsection (2) and paragraphs
  525  (b) and (c) of subsection (3) of section 1009.57, Florida
  526  Statutes, are amended to read:
  527         1009.57 Florida Teacher Scholarship and Forgivable Loan
  528  Program.—
  529         (2) Within the Florida Teacher Scholarship and Forgivable
  530  Loan Program shall be established the “Chappie” James Most
  531  Promising Teacher Scholarship which shall be offered to a top
  532  graduating senior from each public secondary school in the
  533  state. An additional number of “Chappie” James Most Promising
  534  Teacher Scholarship awards shall be offered annually to
  535  graduating seniors from private secondary schools in the state
  536  which are listed with the Department of Education and accredited
  537  by the Southern Association of Colleges and Schools or any other
  538  private statewide accrediting agency which makes public its
  539  standards, procedures, and member schools. The private secondary
  540  schools shall be in compliance with regulations of the Office
  541  for Civil Rights. The number of awards to private secondary
  542  school students shall be proportional to the number of awards
  543  available to public secondary school students and shall be
  544  calculated as the ratio of the number of private to public
  545  secondary school seniors in the state multiplied by the number
  546  of public secondary schools in the state.
  547         (b) The amount of the scholarship shall be prorated based
  548  on available appropriations and may not exceed is $1,500 per
  549  year. The scholarship and may be renewed for 1 year if the
  550  student earns a 2.5 cumulative grade point average and 12 credit
  551  hours per term and meets the eligibility requirements for
  552  renewal of the award.
  553         (3)
  554         (b) An undergraduate forgivable loan may be awarded for 2
  555  undergraduate years, not to exceed $4,000 per year, or for a
  556  maximum of 3 years for programs requiring a fifth year of
  557  instruction to obtain initial teaching certification. The amount
  558  of the scholarship shall be prorated based on available
  559  appropriations and may not exceed $4,000 per year.
  560         (c) A graduate forgivable loan may be awarded for 2
  561  graduate years, the amount of the scholarship shall be prorated
  562  based on available appropriations and may not to exceed $8,000
  563  per year. In addition to meeting criteria specified in paragraph
  564  (a), a loan recipient at the graduate level shall:
  565         1. Hold a bachelor’s degree from any college or university
  566  accredited by a regional accrediting association as defined by
  567  State Board of Education rule.
  568         2. Not already hold a teaching certificate resulting from
  569  an undergraduate degree in education in an area of critical
  570  teacher shortage as designated by the State Board of Education.
  571         3. Not have received an undergraduate forgivable loan as
  572  provided for in paragraph (b).
  573         Section 14. Subsection (3) of section 1009.58, Florida
  574  Statutes, is amended to read:
  575         1009.58 Critical teacher shortage tuition reimbursement
  576  program.—
  577         (3) Participants may receive tuition reimbursement payments
  578  for up to 9 semester hours, or the equivalent in quarter hours,
  579  per year, the amount of the reimbursement per semester hour
  580  shall be prorated based on available appropriations and may not
  581  exceed at a rate not to exceed $78 per semester hour, up to a
  582  total of 36 semester hours. All tuition reimbursements shall be
  583  contingent on passing an approved course with a minimum grade of
  584  3.0 or its equivalent.
  585         Section 15. Subsection (2) of section 1009.59, Florida
  586  Statutes, is amended to read:
  587         1009.59 Critical Teacher Shortage Student Loan Forgiveness
  588  Program.—
  589         (2) From the funds available, The Department of Education
  590  may make loan principal repayments, which shall be prorated
  591  based on available appropriations as follows:
  592         (a) Up to $2,500 a year for up to 4 years on behalf of
  593  selected graduates of state-approved undergraduate postsecondary
  594  teacher preparation programs, persons certified to teach
  595  pursuant to any applicable teacher certification requirements,
  596  or selected teacher preparation graduates from any state
  597  participating in the Interstate Agreement on the Qualification
  598  of Educational Personnel.
  599         (b) Up to $5,000 a year for up to 2 years on behalf of
  600  selected graduates of state-approved graduate postsecondary
  601  teacher preparation programs, persons with graduate degrees
  602  certified to teach pursuant to any applicable teacher
  603  certification requirements, or selected teacher preparation
  604  graduates from any state participating in the Interstate
  605  Agreement on the Qualification of Educational Personnel.
  606         (c) All repayments shall be contingent on continued proof
  607  of employment in the designated subject areas in this state and
  608  shall be made directly to the holder of the loan. The state
  609  shall not bear responsibility for the collection of any interest
  610  charges or other remaining balance. In the event that designated
  611  critical teacher shortage subject areas are changed by the State
  612  Board of Education, a teacher shall continue to be eligible for
  613  loan forgiveness as long as he or she continues to teach in the
  614  subject area for which the original loan repayment was made and
  615  otherwise meets all conditions of eligibility.
  616         Section 16. Subsections (1) and (3) of section 1009.60,
  617  Florida Statutes, are amended to read:
  618         1009.60 Minority teacher education scholars program.—There
  619  is created the minority teacher education scholars program,
  620  which is a collaborative performance-based scholarship program
  621  for African-American, Hispanic-American, Asian-American, and
  622  Native American students. The participants in the program
  623  include Florida’s community colleges and its public and private
  624  universities that have teacher education programs.
  625         (1) The minority teacher education scholars program shall
  626  provide an annual scholarship in an amount that shall be
  627  prorated based on available appropriations and may not exceed of
  628  $4,000 for each approved minority teacher education scholar who
  629  is enrolled in one of Florida’s public or private universities
  630  in the junior year and is admitted into a teacher education
  631  program.
  632         (3) The total amount appropriated annually for new
  633  scholarships in the program must be divided by $4,000 and by the
  634  number of participating colleges and universities. Each
  635  participating institution has access to the same number of
  636  scholarships and may award all of them to eligible minority
  637  students. If a college or university does not award all of its
  638  scholarships by the date set by the program administration at
  639  the Florida Fund for Minority Teachers, Inc., the remaining
  640  scholarships must be transferred to another institution that has
  641  eligible students. If the total amount appropriated for new
  642  scholarships is insufficient to award $4,000 to each eligible
  643  student, the amount of the scholarship shall be prorated based
  644  on available appropriations.
  645         Section 17. Paragraph (a) of subsection (2) of section
  646  1009.605, Florida Statutes, is amended, and subsection (4) is
  647  added to that section, to read:
  648         1009.605 Florida Fund for Minority Teachers, Inc.—
  649         (2) The corporation shall submit an annual budget
  650  projection to the Department of Education to be included in the
  651  annual legislative budget request. The projection must be based
  652  on a 7-year plan that would be capable of awarding the following
  653  schedule of scholarships:
  654         (a) In the initial year, 700 scholarships in an amount that
  655  shall be prorated based on available appropriations and may not
  656  exceed of $4,000 per scholar each to scholars in his or her the
  657  junior year of college.
  658         (4)Within 60 days after the end of each fiscal year, the
  659  corporation shall return all unexpended funds for the minority
  660  teacher education scholars program to the Department of
  661  Education to be deposited in the State Student Financial
  662  Assistance Trust Fund.
  663         Section 18. Paragraph (e) of subsection (5) of section
  664  1009.701, Florida Statutes, is amended to read:
  665         1009.701 First Generation Matching Grant Program.—
  666         (5) In order to be eligible to receive a grant pursuant to
  667  this section, an applicant must:
  668         (e) Have met the eligibility requirements in s. 1009.50 for
  669  demonstrated financial need for the Florida Public Student
  670  Assistance Grant Program by completing the Free Application for
  671  Federal Student Aid.
  672         Section 19. Section 1009.765, Florida Statutes, is
  673  repealed.
  674         Section 20. Subsection (2) of section 1009.98, Florida
  675  Statutes, is amended, and subsection (10) is added to that
  676  section, to read:
  677         1009.98 Stanley G. Tate Florida Prepaid College Program.—
  678         (2) PREPAID COLLEGE PLANS.—At a minimum, the board shall
  679  make advance payment contracts available for two independent
  680  plans to be known as the community college plan and the
  681  university plan. The board may also make advance payment
  682  contracts available for a dormitory residence plan. The board
  683  may restrict the number of participants in the community college
  684  plan, university plan, and dormitory residence plan,
  685  respectively. However, any person denied participation solely on
  686  the basis of such restriction shall be granted priority for
  687  participation during the succeeding year.
  688         (a)1. Through the community college plan, the advance
  689  payment contract may shall provide prepaid registration fees for
  690  a specified number of undergraduate semester credit hours not to
  691  exceed the average number of hours required for the conference
  692  of an associate degree. Qualified beneficiaries shall bear the
  693  cost of any laboratory fees associated with enrollment in
  694  specific courses. Each qualified beneficiary shall be classified
  695  as a resident for tuition purposes, pursuant to s. 1009.21,
  696  regardless of his or her actual legal residence.
  697         2. Effective July 1, 1998, the board may provide advance
  698  payment contracts for additional fees delineated in s. 1009.23,
  699  not to exceed the average number of hours required for the
  700  conference of an associate degree, in conjunction with advance
  701  payment contracts for registration fees. Community college plan
  702  contracts purchased prior to July 1, 1998, shall be limited to
  703  the payment of registration fees as defined in s. 1009.97.
  704         3.Effective July 1, 2009, the board may offer an advance
  705  payment contract for the community college plan covering prepaid
  706  registration fees and the fees authorized in s. 1009.23. Such a
  707  contract may be offered in specific increments for use toward an
  708  associate degree. The total number of hours purchased for a
  709  qualified beneficiary may not exceed the average number of hours
  710  required for the conference of an associate degree.
  711         (b)1. Through the university plan, the advance payment
  712  contract may shall provide prepaid registration fees for a
  713  specified number of undergraduate semester credit hours not to
  714  exceed the average number of hours required for the conference
  715  of a baccalaureate degree. Qualified beneficiaries shall bear
  716  the cost of any laboratory fees associated with enrollment in
  717  specific courses. Each qualified beneficiary shall be classified
  718  as a resident for tuition purposes pursuant to s. 1009.21,
  719  regardless of his or her actual legal residence.
  720         2. Effective July 1, 1998, the board may provide advance
  721  payment contracts for additional fees delineated in s.
  722  1009.24(9)-(12), for a specified number of undergraduate
  723  semester credit hours not to exceed the average number of hours
  724  required for the conference of a baccalaureate degree, in
  725  conjunction with advance payment contracts for registration
  726  fees. Such contracts shall provide prepaid coverage for the sum
  727  of such fees, to a maximum of 45 percent of the cost of
  728  registration fees. University plan contracts purchased prior to
  729  July 1, 1998, shall be limited to the payment of registration
  730  fees as defined in s. 1009.97.
  731         3. Effective July 1, 2007, the board may provide advance
  732  payment contracts for the tuition differential authorized in s.
  733  1009.24(16) for a specified number of undergraduate semester
  734  credit hours, which may not exceed the average number of hours
  735  required for the conference of a baccalaureate degree, in
  736  conjunction with advance payment contracts for registration
  737  fees.
  738         4.Effective July 1, 2009, the board may offer an advance
  739  payment contract for the university plan covering prepaid
  740  registration fees, the fees authorized in s. 1009.24(9)-(12),
  741  and the tuition differential authorized in s. 1009.24(16). Such
  742  a contract may be offered in specific increments for use toward
  743  a baccalaureate degree. The total number of hours purchased for
  744  a qualified beneficiary may not exceed the average number of
  745  hours required for the conference of a baccalaureate degree.
  746         (c) The cost of participation in contracts authorized under
  747  paragraph (a) or paragraph (b) shall be based primarily on the
  748  current and projected registration fees included in the plan
  749  within the Florida Community College System or the State
  750  University System, respectively, the number of credit hours or
  751  semesters included in the plan, and the number of years expected
  752  to elapse between the purchase of the plan on behalf of a
  753  qualified beneficiary and the exercise of the benefits provided
  754  in the plan by such beneficiary.
  755         (d) Through the dormitory residence plan, the advance
  756  payment contract may provide prepaid housing fees for a maximum
  757  of 10 semesters of full-time undergraduate enrollment in a state
  758  university. Dormitory residence plans shall be purchased in
  759  increments of 2 semesters. The cost of participation in the
  760  dormitory residence plan shall be based primarily on the average
  761  current and projected housing fees within the State University
  762  System and the number of years expected to elapse between the
  763  purchase of the plan on behalf of a qualified beneficiary and
  764  the exercise of the benefits provided in the plan by such
  765  beneficiary. Qualified beneficiaries shall have the highest
  766  priority in the assignment of housing within university
  767  residence halls. Qualified beneficiaries shall bear the cost of
  768  any additional elective charges such as laundry service or long
  769  distance telephone service. Each state university may specify
  770  the residence halls or other university-held residences eligible
  771  for inclusion in the plan. In addition, any state university may
  772  request immediate termination of a dormitory residence contract
  773  based on a violation or multiple violations of rules of the
  774  residence hall or other university-held residences. In the event
  775  that sufficient housing is not available for all qualified
  776  beneficiaries, the board shall refund the purchaser or qualified
  777  beneficiary an amount equal to the fees charged for dormitory
  778  residence during that semester. If a qualified beneficiary fails
  779  to be admitted to a state university or chooses to attend a
  780  community college that operates one or more dormitories or
  781  residency opportunities, or has one or more dormitories or
  782  residency opportunities operated by the community college
  783  direct-support organization, the qualified beneficiary may
  784  transfer or cause to have transferred to the community college,
  785  or community college direct-support organization, the fees
  786  associated with dormitory residence. Dormitory fees transferred
  787  to the community college or community college direct-support
  788  organization may not exceed the maximum fees charged for state
  789  university dormitory residence for the purposes of this section,
  790  or the fees charged for community college or community college
  791  direct-support organization dormitories or residency
  792  opportunities, whichever is less.
  793         (10)PAYMENTS ON BEHALF OF QUALIFIED BENEFICIARIES.—
  794         (a)As used in this subsection, the term:
  795         1.“Tuition differential fee” means the fee covered by
  796  advance payment contracts sold pursuant to subparagraph (2)(b)3.
  797  The base rate for the tuition differential fee for the 2012-2013
  798  fiscal year is established at $37.03 per credit hour. The base
  799  rate for the tuition differential in subsequent years is the
  800  amount paid by the board for the tuition differential for the
  801  preceding year adjusted pursuant to sub-subparagraph 2.b.
  802         2.“Actuarial reserve” means the expected value of the
  803  assets of the trust fund which exceed the expected value of the
  804  liabilities of the trust fund. The board shall annually evaluate
  805  or cause to be evaluated the actuarial soundness of the trust
  806  fund.
  807         3.“Fiscal year” means the fiscal year of the state
  808  pursuant to s. 215.01.
  809         (b)Effective with the 2009-2010 academic year and
  810  thereafter, and notwithstanding the provisions of s. 1009.24,
  811  the amount paid by the board to any state university on behalf
  812  of a qualified beneficiary of an advance payment contract whose
  813  contract was purchased before July 1, 2009, shall be:
  814         1.As to registration fees, if the actuarial reserve is
  815  less than 5 percent of the expected liabilities of the trust
  816  fund, the board shall pay the state universities 5.5 percent
  817  above the amount assessed for registration fees in the preceding
  818  fiscal year. If the actuarial reserve is between 5 percent and 6
  819  percent of the expected liabilities of the trust fund, the board
  820  shall pay the state universities 6 percent above the amount
  821  assessed for registration fees in the preceding fiscal year. If
  822  the actuarial reserve is between 6 percent and 7.5 percent of
  823  the expected liabilities of the trust fund, the board shall pay
  824  the state universities 6.5 percent above the amount assessed for
  825  registration fees in the preceding fiscal year. If the actuarial
  826  reserve is equal to or greater than 7.5 percent of the expected
  827  liabilities of the trust fund, the board shall pay the state
  828  universities 7 percent above the amount assessed for
  829  registration fees in the preceding fiscal year, whichever is
  830  greater.
  831         2.As to the tuition differential fee, if the actuarial
  832  reserve is less than 5 percent of the expected liabilities of
  833  the trust fund, the board shall pay the state universities 5.5
  834  percent above the base rate for the tuition differential fee in
  835  the preceding fiscal year. If the actuarial reserve is between 5
  836  percent and 6 percent of the expected liabilities of the trust
  837  fund, the board shall pay the state universities 6 percent above
  838  the base rate for the tuition differential fee in the preceding
  839  fiscal year. If the actuarial reserve is between 6 percent and
  840  7.5 percent of the expected liabilities of the trust fund, the
  841  board shall pay the state universities 6.5 percent above the
  842  base rate for the tuition differential fee in the preceding
  843  fiscal year. If the actuarial reserve is equal to or greater
  844  than 7.5 percent of the expected liabilities of the trust fund,
  845  the board shall pay the state universities 7 percent above the
  846  base rate for the tuition differential fee in the preceding
  847  fiscal year.
  848         3.Qualified beneficiaries of advance payment contracts
  849  purchased before July 1, 2007, are exempt from paying any
  850  tuition differential fee.
  851         (c)The board shall pay state universities the actual
  852  amount assessed in accordance with law for registration fees and
  853  the tuition differential for advance payment contracts purchased
  854  on or after July 1, 2009.
  855         Section 21. Subsection (5) of section 1011.32, Florida
  856  Statutes, is amended to read:
  857         1011.32 Community College Facility Enhancement Challenge
  858  Grant Program.—
  859         (5) A project may not be initiated unless all private funds
  860  for planning, construction, and equipping the facility have been
  861  received and deposited in the direct-support organization’s
  862  matching account for this purpose and the state’s share for the
  863  minimum amount of funds needed to begin the project has been
  864  appropriated by the Legislature. However, this requirement does
  865  not preclude the community college or direct-support
  866  organization from expending available funds from private sources
  867  to develop a prospectus, including preliminary architectural
  868  schematics or models, for use in its efforts to raise private
  869  funds for a facility and for site preparation, planning, and
  870  construction. Such facilities are not eligible to be submitted
  871  for state support for operations until the state matching funds
  872  have been provided. The Legislature may appropriate the state’s
  873  matching funds in one or more fiscal years for the planning,
  874  construction, and equipping of an eligible facility. Each
  875  community college shall notify all donors of private funds of a
  876  substantial delay in the availability of state matching funds
  877  for this program. However, these requirements shall not preclude
  878  the community college or direct-support organization from
  879  expending available funds from private sources to develop a
  880  prospectus, including preliminary architectural schematics
  881  and/or models, for use in its efforts to raise private funds for
  882  a facility. Additionally, any private sources of funds expended
  883  for this purpose are eligible for state matching funds should
  884  the project materialize as provided for in this section.
  885         Section 22. Subsection (4) of section 1011.83, Florida
  886  Statutes, is amended, and subsection (6) is added to that
  887  section, to read:
  888         1011.83 Financial support of community colleges.—
  889         (4) State policy for funding for baccalaureate degree
  890  programs approved pursuant to s. 1007.33 shall be as provided in
  891  the General Appropriations Act to limit state support for
  892  recurring operating purposes to no more than 85 percent of the
  893  amount of state expenditures for direct instruction per credit
  894  hour in upper-level state university programs. A community
  895  college may temporarily exceed this limit due to normal
  896  enrollment fluctuations or unforeseeable circumstances or while
  897  phasing in new programs. This subsection does not authorize the
  898  Department of Education to withhold legislative appropriations
  899  to any community college.
  900         (6)If a community college offers more than 25
  901  baccalaureate degree programs, the Board of Governors shall
  902  review the programs and determine whether such programs should
  903  be transferred to the Board of Governors’ oversight.
  904         Section 23. Subsection (12) is added to section 1011.85,
  905  Florida Statutes, to read:
  906         1011.85 Dr. Philip Benjamin Matching Grant Program for
  907  Community Colleges.—
  908         (12)Each community college shall notify all donors of
  909  private funds of a substantial delay in the availability of
  910  state matching funds for this program.
  911         Section 24. Subsection (7) is added to section 1011.94,
  912  Florida Statutes, to read:
  913         1011.94 University Major Gifts Program.—
  914         (7)Each university shall notify all donors of private
  915  funds of a substantial delay in the availability of state
  916  matching funds for this program.
  917         Section 25. Section 1012.83, Florida Statutes, is amended
  918  to read:
  919         1012.83 Contracts with administrative and instructional
  920  staff.—
  921         (1) Each person employed in an administrative or
  922  instructional capacity in a community college shall be entitled
  923  to a contract as provided by rules of the State Board of
  924  Education.
  925         (2)A community college board of trustees may not enter
  926  into an employment contract that requires the community college
  927  to pay an employee an amount from state funds in excess of 1
  928  year of the employee’s annual salary for termination, buy-out,
  929  or any other type of contract settlement. This subsection does
  930  not prohibit the payment of leave and benefits accrued by the
  931  employee in accordance with the community college’s leave and
  932  benefits policies before the contract terminates.
  933         Section 26. Subsection (5) of section 1013.79, Florida
  934  Statutes, is amended to read:
  935         1013.79 University Facility Enhancement Challenge Grant
  936  Program.—
  937         (5) A project may not be initiated unless all private funds
  938  for planning, construction, and equipping the facility have been
  939  received and deposited in the separate university program
  940  account designated for this purpose. However, these requirements
  941  do not preclude the university from expending funds derived from
  942  private sources to develop a prospectus, including preliminary
  943  architectural schematics or models, for use in its efforts to
  944  raise private funds for a facility, and for site preparation,
  945  planning, and construction. Such facilities are not eligible to
  946  be submitted for state support for operations until the state
  947  matching funds have been provided and the state’s share for the
  948  minimum amount of funds needed to begin the project has been
  949  appropriated by the Legislature. The Board of Governors shall
  950  establish a method for validating the receipt and deposit of
  951  private matching funds. The Legislature may appropriate the
  952  state’s matching funds in one or more fiscal years for the
  953  planning, construction, and equipping of an eligible facility.
  954  Each university shall notify all donors of private funds of a
  955  substantial delay in the availability of state matching funds
  956  for this program. However, these requirements shall not preclude
  957  the university from expending available funds from private
  958  sources to develop a prospectus, including preliminary
  959  architectural schematics or models, for use in its efforts to
  960  raise private funds for a facility. Additionally, any private
  961  sources of funds expended for this purpose are eligible for
  962  state matching funds should the project materialize as provided
  963  for in this section.
  964         Section 27. This act shall take effect July 1, 2009.
  965  

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