October 20, 2020
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       Florida Senate - 2009                      CS for CS for SB 1696
       
       
       
       By the Policy and Steering Committee on Ways and Means; the
       Committee on Higher Education Appropriations; and Senator Lynn
       
       
       
       576-04521-09                                          20091696c2
    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 appropriated state funds;
   17         providing a definition for the term “remuneration”;
   18         limiting the president’s compensation that is used to
   19         calculate benefits under ch. 121, F.S.; amending s.
   20         1001.706, F.S.; prohibiting the Board of Governors
   21         from entering into an employment contract that
   22         requires the board to pay an employee an amount from
   23         state funds in excess of 1 year of the employee’s
   24         annual salary for termination, buy-out, or any other
   25         type of contract settlement; providing that the
   26         payment of leave and benefits accrued by the employee
   27         before the contract terminates is not prohibited;
   28         amending s. 1001.74, F.S.; prohibiting a university
   29         board of trustees from entering into an employment
   30         contract that requires the university to pay an
   31         employee an amount from state funds in excess of 1
   32         year of the employee’s annual salary for termination,
   33         buy-out, or any other type of contract settlement;
   34         providing that the payment of leave and benefits
   35         accrued by the employee before the contract terminates
   36         is not prohibited; amending s. 1007.33, F.S.;
   37         suspending the authorization for a community college
   38         or the State Board of Education to develop new
   39         community college baccalaureate degree programs during
   40         the 2009-2010 fiscal year; amending s. 1009.01, F.S.;
   41         revising the definition of the term “tuition
   42         differential”; amending s. 1009.21, F.S.; revising
   43         definitions; defining the terms “initial enrollment”
   44         and “nonresident for tuition purposes”; revising
   45         provisions relating to the qualifications as a
   46         resident for tuition purposes; requiring certain
   47         documentation to demonstrate state residency; creating
   48         s. 1009.286, F.S.; requiring an additional payment for
   49         credit hours exceeding the requirements for completing
   50         a baccalaureate degree program; providing exceptions;
   51         requiring notice upon a student’s initial enrollment
   52         in a state university or community college; amending
   53         s. 1009.53, F.S.; requiring that an institution refund
   54         within a specified period after the end of a semester
   55         funds from the Florida Bright Futures Scholarship for
   56         courses dropped by a student or courses from which a
   57         student has withdrawn after the end of the drop and
   58         add period; providing exceptions; prohibiting the use
   59         of funds for any scholarship within the program for
   60         courses dropped after the end of the drop and add
   61         period; providing an exception for verifiable illness
   62         or other emergency, unless the institution has a
   63         refund policy; requiring a written appeal for such
   64         exception; providing requirements for such appeal;
   65         requiring that the Department of Education notify
   66         eligible recipients of such policies; requiring that
   67         each institution notify award recipients of such
   68         policies during the registration process; amending s.
   69         1009.532, F.S.; revising the requirements for student
   70         eligibility to renew a scholarship under the Florida
   71         Bright Futures Scholarship Program; providing that a
   72         student loses his or her eligibility for renewal of
   73         the scholarship for 1 academic year if such student
   74         fails to earn the minimum number of hours required to
   75         renew; providing eligibility criteria for such student
   76         to restore the award; requiring that the department
   77         notify eligible recipients of such policies; requiring
   78         that each institution notify award recipients of such
   79         policies during the registration process; amending s.
   80         1009.534, F.S.; revising provisions relating to the
   81         Florida Academic Scholars Award; amending s. 1009.536,
   82         F.S.; deleting a provision that allows a Florida Gold
   83         Seal Scholar to apply for a Florida Medallion Scholars
   84         award; amending ss. 1009.57, 1009.58, 1009.59,
   85         1009.60, and 1009.605, F.S.; revising provisions
   86         relating to the Florida Teacher Scholarship and
   87         Forgivable Loan Program, the Critical Teacher Shortage
   88         Student Loan Forgiveness Program, the minority teacher
   89         education scholars program, and the Florida Fund for
   90         Minority Teachers, Inc.; requiring that the amount of
   91         scholarships awarded under such programs be prorated
   92         based on available appropriations and not exceed
   93         specified amounts; amending s. 1009.701, F.S.;
   94         requiring that an applicant under the First Generation
   95         Matching Grant Program meet the same eligibility
   96         requirements required under the Florida Public Student
   97         Assistance Grant Program; repealing s. 1009.765, F.S.,
   98         relating to Ethics in Business scholarships for
   99         community colleges and independent postsecondary
  100         educational institutions; amending s. 1009.98, F.S.;
  101         revising provisions relating to the prepaid community
  102         college and university plans; authorizing the Florida
  103         Prepaid College Board to offer an advance payment
  104         contract covering certain fees for such plans;
  105         providing definitions regarding payments on behalf of
  106         qualified beneficiaries of an advance payment
  107         contract; providing the amounts of fees to be paid by
  108         the board; providing an exemption for certain
  109         qualified beneficiaries from paying any tuition
  110         differential fee; requiring that the board pay state
  111         universities the actual amount assessed for
  112         registration fees and tuition differential fees for
  113         certain advanced payment contracts; requiring that the
  114         board pay state universities the actual amount
  115         assessed for local fees and dormitory fees; requiring
  116         that the board pay community colleges and career
  117         centers the actual amount assessed for registration
  118         fees and local fees; amending s. 1011.83, F.S.;
  119         revising provisions relating to financial support of
  120         community colleges; providing for state funding of
  121         baccalaureate degree programs in the General
  122         Appropriations Act; amending ss. 1011.32, 1011.85, and
  123         1011.94, F.S.; requiring that donors be notified of a
  124         delay in the availability of state matching funds for
  125         the Community College Facility Enhancement Challenge
  126         Grant Program, the Dr. Philip Benjamin Matching Grant
  127         Program for Community Colleges, and the University
  128         Major Gifts Program; amending s. 1012.83, F.S.;
  129         conforming provisions relating to contracts with
  130         community college administrative and instructional
  131         staff to changes made by the act; amending s. 1013.79,
  132         F.S.; providing that a university is not precluded
  133         from expending funds from private sources to develop a
  134         prospectus; requiring that donors be notified of a
  135         delay in the availability of state matching funds for
  136         the University Facility Enhancement Challenge Grant
  137         Program; providing effective dates.
  138  
  139  Be It Enacted by the Legislature of the State of Florida:
  140  
  141         Section 1. Paragraph (a) of subsection (4) of section
  142  216.136, Florida Statutes, is amended to read:
  143         216.136 Consensus estimating conferences; duties and
  144  principals.—
  145         (4) EDUCATION ESTIMATING CONFERENCE.—
  146         (a) The Education Estimating Conference shall develop such
  147  official information relating to the state public and private
  148  educational system, including forecasts of student enrollments,
  149  the national average of tuition and fees at public postsecondary
  150  educational institutions, the number of students qualified for
  151  state financial aid programs and for the William L. Boyd, IV,
  152  Florida Resident Access Grant Program and the appropriation
  153  required to fund the full award amounts for each program, fixed
  154  capital outlay needs, and Florida Education Finance Program
  155  formula needs, as the conference determines is needed for the
  156  state planning and budgeting system. The conference’s initial
  157  projections of enrollments in public schools shall be forwarded
  158  by the conference to each school district no later than 2 months
  159  prior to the start of the regular session of the Legislature.
  160  Each school district may, in writing, request adjustments to the
  161  initial projections. Any adjustment request shall be submitted
  162  to the conference no later than 1 month prior to the start of
  163  the regular session of the Legislature and shall be considered
  164  by the principals of the conference. A school district may amend
  165  its adjustment request, in writing, during the first 3 weeks of
  166  the legislative session, and such amended adjustment request
  167  shall be considered by the principals of the conference. For any
  168  adjustment so requested, the district shall indicate and
  169  explain, using definitions adopted by the conference, the
  170  components of anticipated enrollment changes that correspond to
  171  continuation of current programs with workload changes; program
  172  improvement; program reduction or elimination; initiation of new
  173  programs; and any other information that may be needed by the
  174  Legislature. For public schools, the conference shall submit its
  175  full-time equivalent student consensus estimate to the
  176  Legislature no later than 1 month after the start of the regular
  177  session of the Legislature. No conference estimate may be
  178  changed without the agreement of the full conference.
  179         Section 2. Subsections (47) and (48) are added to section
  180  1001.64, Florida Statutes, to read:
  181         1001.64 Community college boards of trustees; powers and
  182  duties.—
  183         (47)A board of trustees may not enter into an employment
  184  contract that requires the community college to pay a community
  185  college president an amount from state funds in excess of 1 year
  186  of the president’s annual salary for termination, buy-out, or
  187  any other type of contract settlement. This subsection does not
  188  prohibit the payment of leave and benefits accrued by the
  189  president in accordance with the community college’s leave and
  190  benefits policies before the contract terminates.
  191         (48)Notwithstanding any other law, resolution, or rule to
  192  the contrary, a community college president may not receive more
  193  than $225,000 in remuneration annually from appropriated state
  194  funds. As used in this subsection, the term “remuneration” means
  195  salary, bonuses, and cash-equivalent compensation paid to a
  196  community college president by his or her employer for work
  197  performed, excluding health insurance benefits and retirement
  198  benefits. Only compensation, as defined in s. 121.021(22), which
  199  is provided to a community college president may be used in
  200  calculating benefits under chapter 121.
  201         Section 3. Paragraph (d) is added to subsection (5) of
  202  section 1001.706, Florida Statutes, to read:
  203         1001.706 Powers and duties of the Board of Governors.—
  204         (5) POWERS AND DUTIES RELATING TO PERSONNEL.—
  205         (d)The Board of Governors may not enter into an employment
  206  contract that requires the board to pay an employee an amount
  207  from state funds in excess of 1 year of the employee’s annual
  208  salary for termination, buy-out, or any other type of contract
  209  settlement. This subsection does not prohibit the payment of
  210  leave and benefits accrued by the employee in accordance with
  211  the board’s leave and benefits policies before the contract
  212  terminates.
  213         Section 4. Paragraph (d) is added to subsection (5) of
  214  section 1001.74, Florida Statutes, to read:
  215         1001.74 Powers and duties of university boards of
  216  trustees.—
  217         (5) POWERS AND DUTIES RELATING TO PERSONNEL.—
  218         (d)A board of trustees may not enter into an employment
  219  contract that requires the university to pay an employee an
  220  amount from state funds in excess of 1 year of the employee’s
  221  annual salary for termination, buy-out, or any other type of
  222  contract settlement. This subsection does not prohibit the
  223  payment of leave and benefits accrued by the employee in
  224  accordance with the university’s leave and benefits policies
  225  before the contract terminates.
  226         Section 5. Subsection (5) is added to section 1007.33,
  227  Florida Statutes, to read:
  228         1007.33 Site-determined baccalaureate degree access.—
  229         (5)The authorization provided in this section, and any
  230  other state law, for a community college or the State Board of
  231  Education to develop new community college baccalaureate degree
  232  programs, is suspended during the 2009-2010 fiscal year.
  233         Section 6. Subsection (3) of section 1009.01, Florida
  234  Statutes, is amended to read:
  235         1009.01 Definitions.—The term:
  236         (3) “Tuition differential” means the supplemental fee
  237  charged to a student for instruction provided by a public
  238  university in this state pursuant to s. 1009.24(16).
  239         Section 7. Subsections (1), (2), (3), and (4) and paragraph
  240  (d) of subsection (10) of section 1009.21, Florida Statutes, are
  241  amended to read:
  242         1009.21 Determination of resident status for tuition
  243  purposes.—Students shall be classified as residents or
  244  nonresidents for the purpose of assessing tuition in community
  245  colleges and state universities.
  246         (1) As used in this section, the term:
  247         (a) The term “Dependent child” means any person, whether or
  248  not living with his or her parent, who is eligible to be claimed
  249  by his or her parent as a dependent under the federal income tax
  250  code.
  251         (b)“Initial enrollment” means the first day of class at an
  252  institution of higher education.
  253         (c)(b)The term “Institution of higher education” means any
  254  public community college as defined in s. 1000.21(3) or state
  255  university as defined in s. 1000.21(6).
  256         (d)(c)A “Legal resident” or “resident” means is a person
  257  who has maintained his or her residence in this state for the
  258  preceding year, has purchased a home which is occupied by him or
  259  her as his or her residence, or has established a domicile in
  260  this state pursuant to s. 222.17.
  261         (e)“Nonresident for tuition purposes” means a person who
  262  does not qualify for the in-state tuition rate.
  263         (f)(d)The term “Parent” means the natural or adoptive
  264  parent or legal guardian of a dependent child.
  265         (g)(e)A “Resident for tuition purposes” means is a person
  266  who qualifies as provided in subsection (2) for the in-state
  267  tuition rate; a “nonresident for tuition purposes” is a person
  268  who does not qualify for the in-state tuition rate.
  269         (2)(a) To qualify as a resident for tuition purposes:
  270         1. A person or, if that person is a dependent child, his or
  271  her parent or parents must have established legal residence in
  272  this state and must have maintained legal residence in this
  273  state for at least 12 consecutive months immediately prior to
  274  his or her initial enrollment in an institution of higher
  275  education qualification. Legal residence must be established by
  276  written or electronic verification including two or more of the
  277  following documents that demonstrate clear and convincing
  278  evidence of continuous residence in the state for at least 12
  279  consecutive months prior to the student’s initial enrollment in
  280  an institution of higher education:
  281         a.A voter information card pursuant to s. 97.071;
  282         b.A driver’s license;
  283         c.An identification card issued by the State of Florida;
  284         d.A vehicle registration;
  285         e.A declaration of domicile;
  286         f.Proof of purchase of a permanent home;
  287         g.Proof of a homestead exemption in Florida;
  288         h.A transcript from a Florida high school;
  289         i.A Florida high school equivalency diploma and
  290  transcript;
  291         j.Proof of permanent full-time employment;
  292         k.Proof of 12 consecutive months of payment of utility
  293  bills;
  294         l.A domicile lease and proof of 12 consecutive months of
  295  payments; or
  296         m.Other official state or court documents evidencing legal
  297  ties to Florida.
  298  
  299  No single piece of evidence shall be conclusive.
  300         2. Every applicant for admission to an institution of
  301  higher education shall be required to make a statement as to his
  302  or her length of residence in the state and, further, shall
  303  establish that his or her presence or, if the applicant is a
  304  dependent child, the presence of his or her parent or parents in
  305  the state currently is, and during the requisite 12-month
  306  qualifying period was, for the purpose of maintaining a bona
  307  fide domicile, rather than for the purpose of maintaining a mere
  308  temporary residence or abode incident to enrollment in an
  309  institution of higher education.
  310         (b) However, with respect to a dependent child living with
  311  an adult relative other than the child’s parent, such child may
  312  qualify as a resident for tuition purposes if the adult relative
  313  is a legal resident who has maintained legal residence in this
  314  state for at least 12 consecutive months immediately prior to
  315  the child’s initial enrollment in an institution of higher
  316  education qualification, provided the child has resided
  317  continuously with such relative for the 5 years immediately
  318  prior to the child’s initial enrollment in an institution of
  319  higher education qualification, during which time the adult
  320  relative has exercised day-to-day care, supervision, and control
  321  of the child.
  322         (c) The legal residence of a dependent child whose parents
  323  are divorced, separated, or otherwise living apart will be
  324  deemed to be this state if either parent is a legal resident of
  325  this state, regardless of which parent is entitled to claim, and
  326  does in fact claim, the minor as a dependent pursuant to federal
  327  individual income tax provisions.
  328         (d)A person who is classified as a nonresident for tuition
  329  purposes may become eligible for reclassification as a resident
  330  for tuition purposes if that person or, if that person is a
  331  dependent child, his or her parent presents clear and convincing
  332  evidence that supports permanent residency in this state rather
  333  than temporary residency for the purpose of pursuing an
  334  education, such as documentation of full-time permanent
  335  employment for the prior 12 months or the purchase of a home in
  336  this state and residence therein for the prior 12 months. If a
  337  person who is a dependent child and his or her parent move to
  338  this state while such child is a high school student and the
  339  child graduates from a high school in this state, the child may
  340  become eligible for reclassification as a resident for tuition
  341  purposes when the parent qualifies for permanent residency.
  342         (3)(a) An individual shall not be classified as a resident
  343  for tuition purposes and, thus, shall not be eligible to receive
  344  the in-state tuition rate until he or she has provided such
  345  evidence related to legal residence and its duration or, if the
  346  individual is a dependent child, documentation of his or her
  347  parent’s legal residence and its duration, as well as
  348  documentation confirming his or her status as a dependent child,
  349  as may be required by law and by officials of the institution of
  350  higher education from which he or she seeks the in-state tuition
  351  rate. The documentation must provide clear and convincing
  352  evidence that the individual has been a resident in this state
  353  for a minimum of 12 consecutive months prior to the student’s
  354  initial enrollment in an institution of higher education. No
  355  single piece of evidence shall be conclusive.
  356         (b)Each institution of higher learning shall:
  357         1.Determine whether an applicant who has been granted
  358  admission to that institution is a dependent child.
  359         2.Affirmatively determine that an applicant who has been
  360  granted admission to that institution as a Florida resident
  361  meets the residency requirements of this section at the time of
  362  his or her initial enrollment.
  363         (4) With respect to a dependent child, the legal residence
  364  of the dependent child’s such individual’s parent or parents is
  365  prima facie evidence of the dependent child’s individual’s legal
  366  residence, which evidence may be reinforced or rebutted,
  367  relative to the age and general circumstances of the dependent
  368  child individual, by the other evidence of legal residence
  369  required of or presented by the dependent child individual.
  370  However, the legal residence of a dependent child’s an
  371  individual whose parent or parents who are domiciled outside
  372  this state is not prima facie evidence of the dependent child’s
  373  individual’s legal residence if that dependent child individual
  374  has lived in this state for 5 consecutive years prior to
  375  enrolling or reregistering at the institution of higher
  376  education at which resident status for tuition purposes is
  377  sought.
  378         (10) The following persons shall be classified as residents
  379  for tuition purposes:
  380         (d) Full-time instructional and administrative personnel
  381  employed by state public schools, community colleges, and
  382  institutions of higher education, as defined in s. 1000.04, and
  383  their spouses and dependent children.
  384         Section 8. Section 1009.286, Florida Statutes, is created
  385  to read:
  386         1009.286Additional student payment required for hours
  387  exceeding graduation requirements.—
  388         (1)It is the intent of the Legislature to encourage each
  389  undergraduate student who enrolls in a state university to
  390  complete the student’s respective baccalaureate degree program
  391  in the most efficient way possible while providing for access to
  392  additional college coursework. Therefore, the Legislature
  393  intends to enact a policy that provides incentives for efficient
  394  baccalaureate degree completion.
  395         (2)State universities shall require a student to pay an
  396  excess hour surcharge equal to 50 percent of the tuition rate
  397  for each credit hour in excess of 120 percent of the number of
  398  credit hours required to complete the baccalaureate degree
  399  program in which the student is enrolled, in accordance with the
  400  provisions of this section.
  401         (3)The provisions of this section shall become effective
  402  for students who enter a community college or a state university
  403  for the first time in the 2009-2010 academic year and
  404  thereafter.
  405         (4)Except as otherwise provided by law, and for purposes
  406  of this section, the following credit hours shall be included
  407  when calculating the number of hours taken by a student:
  408         (a)All credit hours for courses taken at the state
  409  university from which the student is seeking a baccalaureate
  410  degree, including failed courses, courses that are dropped after
  411  the university’s advertised last day of the drop and add period,
  412  and repeated courses, except for which the student has paid the
  413  full cost of instruction as provided in s. 1009.285.
  414         (b)All credit hours earned at another institution and
  415  accepted for transfer by the state university and applied toward
  416  the student’s baccalaureate degree program.
  417         (5)For purposes of this section, credit hours earned under
  418  the following circumstances are not calculated as hours required
  419  to earn a baccalaureate degree:
  420         (a)College credits earned through an articulated
  421  accelerated mechanism identified in s. 1007.27.
  422         (b)Credit hours earned through internship programs.
  423         (c)Credit hours required for certification,
  424  recertification, or certificate programs.
  425         (d)Credit hours in courses from which a student must
  426  withdraw due to reasons of medical or personal hardship.
  427         (e)Credit hours taken by active-duty military personnel.
  428         (f)Credit hours required to achieve a dual major taken
  429  while pursuing a baccalaureate degree.
  430         (g)Remedial and English as a Second Language credit hours.
  431         (h)Credit hours earned in military science courses
  432  (R.O.T.C.).
  433         (6)Each state university and community college shall
  434  implement a process for notifying students regarding the
  435  provisions of this section. The notice must be provided to a
  436  student upon his or her initial enrollment in the institution
  437  and again upon the student’s having earned the credit hours
  438  required to complete the baccalaureate degree program in which
  439  the student is enrolled. The notice must include a
  440  recommendation that each student who intends to earn credit
  441  hours at the institution in excess of the credit hours required
  442  for the baccalaureate degree program in which the student is
  443  enrolled meet with his or her academic advisor.
  444         (7)For purposes of this section, the term “state
  445  university” includes the institutions identified in s.
  446  1000.21(6) and the term “community college” includes the
  447  institutions identified in s. 1000.21(3).
  448         Section 9. Paragraph (a) of subsection (5) of section
  449  1009.53, Florida Statutes, is amended, and subsection (11) is
  450  added to that section, to read:
  451         1009.53 Florida Bright Futures Scholarship Program.—
  452         (5) The department shall issue awards from the scholarship
  453  program annually. Annual awards may be for up to 45 semester
  454  credit hours or the equivalent. Before the registration period
  455  each semester, the department shall transmit payment for each
  456  award to the president or director of the postsecondary
  457  education institution, or his or her representative, except that
  458  the department may withhold payment if the receiving institution
  459  fails to report or to make refunds to the department as required
  460  in this section.
  461         (a) Within 30 days after the end of regular registration
  462  each semester, the educational institution shall certify to the
  463  department the eligibility status of each student who receives
  464  an award. After the end of the drop and add period, an
  465  institution is not required to reevaluate or revise a student’s
  466  eligibility status; however, an institution but must make a
  467  refund to the department within 30 days after the end of the
  468  semester of any funds received for courses dropped by a student
  469  or courses from which a student has withdrawn after the end of
  470  the drop and add period, unless the student has been granted an
  471  exception by the department pursuant to subsection (11) if a
  472  student who receives an award disbursement terminates enrollment
  473  for any reason during an academic term and a refund is permitted
  474  by the institution’s refund policy.
  475         (11)Funds for any scholarship within the Florida Bright
  476  Futures Scholarship Program may not be used to pay for courses
  477  dropped after the end of the drop and add period. However, a
  478  student who receives an award under this program and
  479  subsequently drops one or more courses or withdraws from all
  480  courses after the end of the drop and add period due to a
  481  verifiable illness or other emergency may be granted an
  482  exception, unless the institution’s policy is to refund the cost
  483  of the courses. The student must make a written appeal for such
  484  exception to the institution. The appeal must include a
  485  description and verification of the circumstances. Verification
  486  of illness or other emergency may include, but need not be
  487  limited to, a physician’s statement or the written statement of
  488  a parent or institution official. The institution shall
  489  recommend the exceptions and necessary documentation to the
  490  department. The department may accept or reject the
  491  institution’s recommendations. The department shall notify
  492  eligible recipients of the provisions of this subsection. Each
  493  institution shall notify award recipients of the provisions of
  494  this subsection during the registration process.
  495         Section 10. Paragraph (a) of subsection (1) of section
  496  1009.532, Florida Statutes, is amended to read:
  497         1009.532 Florida Bright Futures Scholarship Program;
  498  student eligibility requirements for renewal awards.—
  499         (1) To be eligible to renew a scholarship from any of the
  500  three types of scholarships under the Florida Bright Futures
  501  Scholarship Program, a student must:
  502         (a) Complete at least 24 12 semester credit hours or the
  503  equivalent in the last academic year in which the student earned
  504  a scholarship if the student was enrolled full time, or a
  505  prorated number of credit hours as determined by the Department
  506  of Education if the student was enrolled less than full time for
  507  any part of the academic year. If a student fails to earn the
  508  minimum number of hours required to renew the scholarship, the
  509  student shall lose his or her eligibility for renewal for a
  510  period equivalent to 1 academic year. Such student is eligible
  511  to restore the award the following academic year if the student
  512  earns the hours for which he or she was enrolled at the level
  513  defined by the department and meets the grade point average for
  514  renewal. A student is eligible for such restoration one time.
  515  This paragraph also applies to students who were enrolled and
  516  funded in the 2008-2009 academic year. The department shall
  517  notify eligible recipients of the provisions of this paragraph.
  518  Each institution shall notify award recipients of the provisions
  519  of this paragraph during the registration process.
  520         Section 11. Subsection (2) of section 1009.534, Florida
  521  Statutes, is amended to read:
  522         1009.534 Florida Academic Scholars award.—
  523         (2) Effective January 1, 2008, a Florida Academic Scholar
  524  who is enrolled in a public postsecondary education institution
  525  is eligible for an award equal to the amount required to pay
  526  tuition and, fees, and an additional amount for college-related
  527  expenses annually as specified in law or the General
  528  Appropriations Act. A student who is enrolled in a nonpublic
  529  postsecondary education institution is eligible for an award
  530  equal to the amount that would be required to pay for the
  531  average tuition and fees of a public postsecondary education
  532  institution at the comparable level, plus the annual amount
  533  specified in law or the General Appropriations Act for college
  534  related expenses.
  535         Section 12. Subsection (4) of section 1009.536, Florida
  536  Statutes, is amended to read:
  537         1009.536 Florida Gold Seal Vocational Scholars award.—The
  538  Florida Gold Seal Vocational Scholars award is created within
  539  the Florida Bright Futures Scholarship Program to recognize and
  540  reward academic achievement and career preparation by high
  541  school students who wish to continue their education.
  542         (4) A student may earn a Florida Gold Seal Vocational
  543  Scholarship for 110 percent of the number of credit hours
  544  required to complete the program, up to 90 credit hours or the
  545  equivalent. A Florida Gold Seal Scholar who has a cumulative
  546  grade point average of 2.75 in all postsecondary education work
  547  attempted may apply for a Florida Medallion Scholars award at
  548  any renewal period. All other provisions of that program apply,
  549  and the credit-hour limitation must be calculated by subtracting
  550  from the student’s total eligibility the number of credit hours
  551  the student attempted while earning the Gold Seal Vocational
  552  Scholarship.
  553         Section 13. Paragraph (b) of subsection (2) and paragraphs
  554  (b) and (c) of subsection (3) of section 1009.57, Florida
  555  Statutes, are amended to read:
  556         1009.57 Florida Teacher Scholarship and Forgivable Loan
  557  Program.—
  558         (2) Within the Florida Teacher Scholarship and Forgivable
  559  Loan Program shall be established the “Chappie” James Most
  560  Promising Teacher Scholarship which shall be offered to a top
  561  graduating senior from each public secondary school in the
  562  state. An additional number of “Chappie” James Most Promising
  563  Teacher Scholarship awards shall be offered annually to
  564  graduating seniors from private secondary schools in the state
  565  which are listed with the Department of Education and accredited
  566  by the Southern Association of Colleges and Schools or any other
  567  private statewide accrediting agency which makes public its
  568  standards, procedures, and member schools. The private secondary
  569  schools shall be in compliance with regulations of the Office
  570  for Civil Rights. The number of awards to private secondary
  571  school students shall be proportional to the number of awards
  572  available to public secondary school students and shall be
  573  calculated as the ratio of the number of private to public
  574  secondary school seniors in the state multiplied by the number
  575  of public secondary schools in the state.
  576         (b) The amount of the scholarship shall be prorated based
  577  on available appropriations and may not exceed is $1,500 per
  578  year. The scholarship and may be renewed for 1 year if the
  579  student earns a 2.5 cumulative grade point average and 12 credit
  580  hours per term and meets the eligibility requirements for
  581  renewal of the award.
  582         (3)
  583         (b) An undergraduate forgivable loan may be awarded for 2
  584  undergraduate years, not to exceed $4,000 per year, or for a
  585  maximum of 3 years for programs requiring a fifth year of
  586  instruction to obtain initial teaching certification. The amount
  587  of the scholarship shall be prorated based on available
  588  appropriations and may not exceed $4,000 per year.
  589         (c) A graduate forgivable loan may be awarded for 2
  590  graduate years, the amount of the scholarship shall be prorated
  591  based on available appropriations and may not to exceed $8,000
  592  per year. In addition to meeting criteria specified in paragraph
  593  (a), a loan recipient at the graduate level shall:
  594         1. Hold a bachelor’s degree from any college or university
  595  accredited by a regional accrediting association as defined by
  596  State Board of Education rule.
  597         2. Not already hold a teaching certificate resulting from
  598  an undergraduate degree in education in an area of critical
  599  teacher shortage as designated by the State Board of Education.
  600         3. Not have received an undergraduate forgivable loan as
  601  provided for in paragraph (b).
  602         Section 14. Subsection (3) of section 1009.58, Florida
  603  Statutes, is amended to read:
  604         1009.58 Critical teacher shortage tuition reimbursement
  605  program.—
  606         (3) Participants may receive tuition reimbursement payments
  607  for up to 9 semester hours, or the equivalent in quarter hours,
  608  per year, the amount of the reimbursement per semester hour
  609  shall be prorated based on available appropriations and may not
  610  exceed at a rate not to exceed $78 per semester hour, up to a
  611  total of 36 semester hours. All tuition reimbursements shall be
  612  contingent on passing an approved course with a minimum grade of
  613  3.0 or its equivalent.
  614         Section 15. Subsection (2) of section 1009.59, Florida
  615  Statutes, is amended to read:
  616         1009.59 Critical Teacher Shortage Student Loan Forgiveness
  617  Program.—
  618         (2) From the funds available, The Department of Education
  619  may make loan principal repayments, which shall be prorated
  620  based on available appropriations as follows:
  621         (a) Up to $2,500 a year for up to 4 years on behalf of
  622  selected graduates of state-approved undergraduate postsecondary
  623  teacher preparation programs, persons certified to teach
  624  pursuant to any applicable teacher certification requirements,
  625  or selected teacher preparation graduates from any state
  626  participating in the Interstate Agreement on the Qualification
  627  of Educational Personnel.
  628         (b) Up to $5,000 a year for up to 2 years on behalf of
  629  selected graduates of state-approved graduate postsecondary
  630  teacher preparation programs, persons with graduate degrees
  631  certified to teach pursuant to any applicable teacher
  632  certification requirements, or selected teacher preparation
  633  graduates from any state participating in the Interstate
  634  Agreement on the Qualification of Educational Personnel.
  635         (c) All repayments shall be contingent on continued proof
  636  of employment in the designated subject areas in this state and
  637  shall be made directly to the holder of the loan. The state
  638  shall not bear responsibility for the collection of any interest
  639  charges or other remaining balance. In the event that designated
  640  critical teacher shortage subject areas are changed by the State
  641  Board of Education, a teacher shall continue to be eligible for
  642  loan forgiveness as long as he or she continues to teach in the
  643  subject area for which the original loan repayment was made and
  644  otherwise meets all conditions of eligibility.
  645         Section 16. Subsections (1) and (3) of section 1009.60,
  646  Florida Statutes, are amended to read:
  647         1009.60 Minority teacher education scholars program.—There
  648  is created the minority teacher education scholars program,
  649  which is a collaborative performance-based scholarship program
  650  for African-American, Hispanic-American, Asian-American, and
  651  Native American students. The participants in the program
  652  include Florida’s community colleges and its public and private
  653  universities that have teacher education programs.
  654         (1) The minority teacher education scholars program shall
  655  provide an annual scholarship in an amount that shall be
  656  prorated based on available appropriations and may not exceed of
  657  $4,000 for each approved minority teacher education scholar who
  658  is enrolled in one of Florida’s public or private universities
  659  in the junior year and is admitted into a teacher education
  660  program.
  661         (3) The total amount appropriated annually for new
  662  scholarships in the program must be divided by $4,000 and by the
  663  number of participating colleges and universities. Each
  664  participating institution has access to the same number of
  665  scholarships and may award all of them to eligible minority
  666  students. If a college or university does not award all of its
  667  scholarships by the date set by the program administration at
  668  the Florida Fund for Minority Teachers, Inc., the remaining
  669  scholarships must be transferred to another institution that has
  670  eligible students. If the total amount appropriated for new
  671  scholarships is insufficient to award $4,000 to each eligible
  672  student, the amount of the scholarship shall be prorated based
  673  on available appropriations.
  674         Section 17. Paragraph (a) of subsection (2) of section
  675  1009.605, Florida Statutes, is amended, and subsection (4) is
  676  added to that section, to read:
  677         1009.605 Florida Fund for Minority Teachers, Inc.—
  678         (2) The corporation shall submit an annual budget
  679  projection to the Department of Education to be included in the
  680  annual legislative budget request. The projection must be based
  681  on a 7-year plan that would be capable of awarding the following
  682  schedule of scholarships:
  683         (a) In the initial year, 700 scholarships in an amount that
  684  shall be prorated based on available appropriations and may not
  685  exceed of $4,000 per scholar each to scholars in his or her the
  686  junior year of college.
  687         (4)Within 60 days after the end of each fiscal year, the
  688  corporation shall return all unexpended funds for the minority
  689  teacher education scholars program to the Department of
  690  Education to be deposited in the State Student Financial
  691  Assistance Trust Fund.
  692         Section 18. Paragraph (e) of subsection (5) of section
  693  1009.701, Florida Statutes, is amended to read:
  694         1009.701 First Generation Matching Grant Program.—
  695         (5) In order to be eligible to receive a grant pursuant to
  696  this section, an applicant must:
  697         (e) Have met the eligibility requirements in s. 1009.50 for
  698  demonstrated financial need for the Florida Public Student
  699  Assistance Grant Program by completing the Free Application for
  700  Federal Student Aid.
  701         Section 19. Section 1009.765, Florida Statutes, is
  702  repealed.
  703         Section 20. Subsection (2) of section 1009.98, Florida
  704  Statutes, is amended, and subsection (10) is added to that
  705  section, to read:
  706         1009.98 Stanley G. Tate Florida Prepaid College Program.—
  707         (2) PREPAID COLLEGE PLANS.—At a minimum, the board shall
  708  make advance payment contracts available for two independent
  709  plans to be known as the community college plan and the
  710  university plan. The board may also make advance payment
  711  contracts available for a dormitory residence plan. The board
  712  may restrict the number of participants in the community college
  713  plan, university plan, and dormitory residence plan,
  714  respectively. However, any person denied participation solely on
  715  the basis of such restriction shall be granted priority for
  716  participation during the succeeding year.
  717         (a)1. Through the community college plan, the advance
  718  payment contract may shall provide prepaid registration fees for
  719  a specified number of undergraduate semester credit hours not to
  720  exceed the average number of hours required for the conference
  721  of an associate degree. Qualified beneficiaries shall bear the
  722  cost of any laboratory fees associated with enrollment in
  723  specific courses. Each qualified beneficiary shall be classified
  724  as a resident for tuition purposes, pursuant to s. 1009.21,
  725  regardless of his or her actual legal residence.
  726         2. Effective July 1, 1998, the board may provide advance
  727  payment contracts for additional fees delineated in s. 1009.23,
  728  not to exceed the average number of hours required for the
  729  conference of an associate degree, in conjunction with advance
  730  payment contracts for registration fees. Community college plan
  731  contracts purchased prior to July 1, 1998, shall be limited to
  732  the payment of registration fees as defined in s. 1009.97.
  733         3.Effective July 1, 2009, the board may offer an advance
  734  payment contract for the community college plan covering prepaid
  735  registration fees and the fees authorized in s. 1009.23. Such a
  736  contract may be offered in specific increments for use toward an
  737  associate degree. The total number of hours purchased for a
  738  qualified beneficiary may not exceed the average number of hours
  739  required for the conference of an associate degree.
  740         (b)1. Through the university plan, the advance payment
  741  contract may shall provide prepaid registration fees for a
  742  specified number of undergraduate semester credit hours not to
  743  exceed the average number of hours required for the conference
  744  of a baccalaureate degree. Qualified beneficiaries shall bear
  745  the cost of any laboratory fees associated with enrollment in
  746  specific courses. Each qualified beneficiary shall be classified
  747  as a resident for tuition purposes pursuant to s. 1009.21,
  748  regardless of his or her actual legal residence.
  749         2. Effective July 1, 1998, the board may provide advance
  750  payment contracts for additional fees delineated in s.
  751  1009.24(9)-(12), for a specified number of undergraduate
  752  semester credit hours not to exceed the average number of hours
  753  required for the conference of a baccalaureate degree, in
  754  conjunction with advance payment contracts for registration
  755  fees. Such contracts shall provide prepaid coverage for the sum
  756  of such fees, to a maximum of 45 percent of the cost of
  757  registration fees. University plan contracts purchased prior to
  758  July 1, 1998, shall be limited to the payment of registration
  759  fees as defined in s. 1009.97.
  760         3. Effective July 1, 2007, the board may provide advance
  761  payment contracts for the tuition differential authorized in s.
  762  1009.24(16) for a specified number of undergraduate semester
  763  credit hours, which may not exceed the average number of hours
  764  required for the conference of a baccalaureate degree, in
  765  conjunction with advance payment contracts for registration
  766  fees.
  767         4.Effective July 1, 2009, the board may offer an advance
  768  payment contract for the university plan covering prepaid
  769  registration fees, the fees authorized in s. 1009.24(9)-(12),
  770  and the tuition differential authorized in s. 1009.24(16). Such
  771  a contract may be offered in specific increments for use toward
  772  a baccalaureate degree. The total number of hours purchased for
  773  a qualified beneficiary may not exceed the average number of
  774  hours required for the conference of a baccalaureate degree.
  775         (c) The cost of participation in contracts authorized under
  776  paragraph (a) or paragraph (b) shall be based primarily on the
  777  current and projected registration fees included in the plan
  778  within the Florida Community College System or the State
  779  University System, respectively, the number of credit hours or
  780  semesters included in the plan, and the number of years expected
  781  to elapse between the purchase of the plan on behalf of a
  782  qualified beneficiary and the exercise of the benefits provided
  783  in the plan by such beneficiary.
  784         (d) Through the dormitory residence plan, the advance
  785  payment contract may provide prepaid housing fees for a maximum
  786  of 10 semesters of full-time undergraduate enrollment in a state
  787  university. Dormitory residence plans shall be purchased in
  788  increments of 2 semesters. The cost of participation in the
  789  dormitory residence plan shall be based primarily on the average
  790  current and projected housing fees within the State University
  791  System and the number of years expected to elapse between the
  792  purchase of the plan on behalf of a qualified beneficiary and
  793  the exercise of the benefits provided in the plan by such
  794  beneficiary. Qualified beneficiaries shall have the highest
  795  priority in the assignment of housing within university
  796  residence halls. Qualified beneficiaries shall bear the cost of
  797  any additional elective charges such as laundry service or long
  798  distance telephone service. Each state university may specify
  799  the residence halls or other university-held residences eligible
  800  for inclusion in the plan. In addition, any state university may
  801  request immediate termination of a dormitory residence contract
  802  based on a violation or multiple violations of rules of the
  803  residence hall or other university-held residences. In the event
  804  that sufficient housing is not available for all qualified
  805  beneficiaries, the board shall refund the purchaser or qualified
  806  beneficiary an amount equal to the fees charged for dormitory
  807  residence during that semester. If a qualified beneficiary fails
  808  to be admitted to a state university or chooses to attend a
  809  community college that operates one or more dormitories or
  810  residency opportunities, or has one or more dormitories or
  811  residency opportunities operated by the community college
  812  direct-support organization, the qualified beneficiary may
  813  transfer or cause to have transferred to the community college,
  814  or community college direct-support organization, the fees
  815  associated with dormitory residence. Dormitory fees transferred
  816  to the community college or community college direct-support
  817  organization may not exceed the maximum fees charged for state
  818  university dormitory residence for the purposes of this section,
  819  or the fees charged for community college or community college
  820  direct-support organization dormitories or residency
  821  opportunities, whichever is less.
  822         (10)PAYMENTS ON BEHALF OF QUALIFIED BENEFICIARIES.—
  823         (a)As used in this subsection, the term:
  824         1.“Tuition differential fee” means the fee covered by
  825  advance payment contracts sold pursuant to subparagraph (2)(b)3.
  826  The base rate for the tuition differential fee for the 2012-2013
  827  fiscal year is established at $37.03 per credit hour. The base
  828  rate for the tuition differential in subsequent years is the
  829  amount paid by the board for the tuition differential for the
  830  preceding year adjusted pursuant to subparagraph (b)2.
  831         2.“Actuarial reserve” means the expected value of the
  832  assets of the trust fund which exceed the expected value of the
  833  liabilities of the trust fund. The board shall annually evaluate
  834  or cause to be evaluated the actuarial soundness of the trust
  835  fund.
  836         3.“Fiscal year” means the fiscal year of the state
  837  pursuant to s. 215.01.
  838         (b)Effective with the 2009-2010 academic year and
  839  thereafter, and notwithstanding the provisions of s. 1009.24,
  840  the amount paid by the board to any state university on behalf
  841  of a qualified beneficiary of an advance payment contract whose
  842  contract was purchased before July 1, 2009, shall be:
  843         1.As to registration fees, if the actuarial reserve is
  844  less than 5 percent of the expected liabilities of the trust
  845  fund, the board shall pay the state universities 5.5 percent
  846  above the amount assessed for registration fees in the preceding
  847  fiscal year. If the actuarial reserve is between 5 percent and 6
  848  percent of the expected liabilities of the trust fund, the board
  849  shall pay the state universities 6 percent above the amount
  850  assessed for registration fees in the preceding fiscal year. If
  851  the actuarial reserve is between 6 percent and 7.5 percent of
  852  the expected liabilities of the trust fund, the board shall pay
  853  the state universities 6.5 percent above the amount assessed for
  854  registration fees in the preceding fiscal year. If the actuarial
  855  reserve is equal to or greater than 7.5 percent of the expected
  856  liabilities of the trust fund, the board shall pay the state
  857  universities 7 percent above the amount assessed for
  858  registration fees in the preceding fiscal year, whichever is
  859  greater.
  860         2.As to the tuition differential fee, if the actuarial
  861  reserve is less than 5 percent of the expected liabilities of
  862  the trust fund, the board shall pay the state universities 5.5
  863  percent above the base rate for the tuition differential fee in
  864  the preceding fiscal year. If the actuarial reserve is between 5
  865  percent and 6 percent of the expected liabilities of the trust
  866  fund, the board shall pay the state universities 6 percent above
  867  the base rate for the tuition differential fee in the preceding
  868  fiscal year. If the actuarial reserve is between 6 percent and
  869  7.5 percent of the expected liabilities of the trust fund, the
  870  board shall pay the state universities 6.5 percent above the
  871  base rate for the tuition differential fee in the preceding
  872  fiscal year. If the actuarial reserve is equal to or greater
  873  than 7.5 percent of the expected liabilities of the trust fund,
  874  the board shall pay the state universities 7 percent above the
  875  base rate for the tuition differential fee in the preceding
  876  fiscal year.
  877         3.Qualified beneficiaries of advance payment contracts
  878  purchased before July 1, 2007, are exempt from paying any
  879  tuition differential fee.
  880         (c)The board shall pay state universities the actual
  881  amount assessed in accordance with law for registration fees and
  882  the tuition differential for advance payment contracts purchased
  883  on or after July 1, 2009.
  884         Section 21. Effective upon this act becoming a law,
  885  subsection (5) of section 1011.32, Florida Statutes, is amended
  886  to read:
  887         1011.32 Community College Facility Enhancement Challenge
  888  Grant Program.—
  889         (5) A project may not be initiated unless all private funds
  890  for planning, construction, and equipping the facility have been
  891  received and deposited in the direct-support organization’s
  892  matching account for this purpose and the state’s share for the
  893  minimum amount of funds needed to begin the project has been
  894  appropriated by the Legislature. However, this requirement does
  895  not preclude the community college or direct-support
  896  organization from expending available funds from private sources
  897  to develop a prospectus, including preliminary architectural
  898  schematics or models, for use in its efforts to raise private
  899  funds for a facility and for site preparation, planning, and
  900  construction. Such facilities are not eligible to be submitted
  901  for state support for operations until the state matching funds
  902  have been provided. The Legislature may appropriate the state’s
  903  matching funds in one or more fiscal years for the planning,
  904  construction, and equipping of an eligible facility. Each
  905  community college shall notify all donors of private funds of a
  906  substantial delay in the availability of state matching funds
  907  for this program. However, these requirements shall not preclude
  908  the community college or direct-support organization from
  909  expending available funds from private sources to develop a
  910  prospectus, including preliminary architectural schematics
  911  and/or models, for use in its efforts to raise private funds for
  912  a facility. Additionally, any private sources of funds expended
  913  for this purpose are eligible for state matching funds should
  914  the project materialize as provided for in this section.
  915         Section 22. Subsection (4) of section 1011.83, Florida
  916  Statutes, is amended to read:
  917         1011.83 Financial support of community colleges.—
  918         (4) State policy for funding for baccalaureate degree
  919  programs approved pursuant to s. 1007.33 shall be as provided in
  920  the General Appropriations Act to limit state support for
  921  recurring operating purposes to no more than 85 percent of the
  922  amount of state expenditures for direct instruction per credit
  923  hour in upper-level state university programs. A community
  924  college may temporarily exceed this limit due to normal
  925  enrollment fluctuations or unforeseeable circumstances or while
  926  phasing in new programs. This subsection does not authorize the
  927  Department of Education to withhold legislative appropriations
  928  to any community college.
  929         Section 23. Subsection (12) is added to section 1011.85,
  930  Florida Statutes, to read:
  931         1011.85 Dr. Philip Benjamin Matching Grant Program for
  932  Community Colleges.—
  933         (12)Each community college shall notify all donors of
  934  private funds of a substantial delay in the availability of
  935  state matching funds for this program.
  936         Section 24. Subsection (7) is added to section 1011.94,
  937  Florida Statutes, to read:
  938         1011.94 University Major Gifts Program.—
  939         (7)Each university shall notify all donors of private
  940  funds of a substantial delay in the availability of state
  941  matching funds for this program.
  942         Section 25. Section 1012.83, Florida Statutes, is amended
  943  to read:
  944         1012.83 Contracts with administrative and instructional
  945  staff.—
  946         (1) Each person employed in an administrative or
  947  instructional capacity in a community college shall be entitled
  948  to a contract as provided by rules of the State Board of
  949  Education.
  950         (2)A community college board of trustees may not enter
  951  into an employment contract that requires the community college
  952  to pay an employee an amount from appropriated state funds in
  953  excess of 1 year of the employee’s annual salary for
  954  termination, buy-out, or any other type of contract settlement.
  955  This subsection does not prohibit the payment of leave and
  956  benefits accrued by the employee in accordance with the
  957  community college’s leave and benefits policies before the
  958  contract terminates.
  959         Section 26. Effective upon this act becoming a law,
  960  subsection (5) of section 1013.79, Florida Statutes, is amended
  961  to read:
  962         1013.79 University Facility Enhancement Challenge Grant
  963  Program.—
  964         (5) A project may not be initiated unless all private funds
  965  for planning, construction, and equipping the facility have been
  966  received and deposited in the separate university program
  967  account designated for this purpose. However, these requirements
  968  do not preclude the university from expending funds derived from
  969  private sources to develop a prospectus, including preliminary
  970  architectural schematics or models, for use in its efforts to
  971  raise private funds for a facility, and for site preparation,
  972  planning, and construction. Such facilities are not eligible to
  973  be submitted for state support for operations until the state
  974  matching funds have been provided and the state’s share for the
  975  minimum amount of funds needed to begin the project has been
  976  appropriated by the Legislature. The Board of Governors shall
  977  establish a method for validating the receipt and deposit of
  978  private matching funds. The Legislature may appropriate the
  979  state’s matching funds in one or more fiscal years for the
  980  planning, construction, and equipping of an eligible facility.
  981  Each university shall notify all donors of private funds of a
  982  substantial delay in the availability of state matching funds
  983  for this program. However, these requirements shall not preclude
  984  the university from expending available funds from private
  985  sources to develop a prospectus, including preliminary
  986  architectural schematics or models, for use in its efforts to
  987  raise private funds for a facility. Additionally, any private
  988  sources of funds expended for this purpose are eligible for
  989  state matching funds should the project materialize as provided
  990  for in this section.
  991         Section 27. Except as otherwise expressly provided in this
  992  act and except for this section, which shall take effect upon
  993  becoming a law, this act shall take effect July 1, 2009.

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