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Senate Bill 2884

Senate Bill sb2884c1

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    Florida Senate - 2004                           CS for SB 2884

    By the Committee on Education; and Senator Carlton





    304-2464-04

  1                      A bill to be entitled

  2         An act relating to state universities; amending

  3         s. 1009.531, F.S.; revising eligibility

  4         criteria for the Florida Bright Futures

  5         Scholarship Program; creating s. 1011.901,

  6         F.S.; awarding incentive funds to state

  7         universities; requiring the Board of Governors

  8         to allocate incentive awards to university

  9         boards of trustees; requiring targeting of

10         critical occupations and discipline areas;

11         requiring an annual report to the Governor and

12         the Legislature; amending s. 1009.24, F.S.;

13         requiring university boards of trustees to

14         provide students with a billing statement that

15         reflects the true cost of the student's

16         education; requiring university boards of

17         trustees to develop proposals for block tuition

18         and fee policies and to charge certain students

19         the full cost of education per credit hour;

20         providing certain exceptions; amending s.

21         1011.94, F.S., amending the Trust Fund for

22         University Major Gifts; giving authority to the

23         Board of Governors; revising provisions

24         regarding matches for donations; deleting

25         references to New College; designating the

26         Student Union Building at the University of

27         North Florida as the "James E. "Jim" and Linda

28         King, Jr., Student Union Building"; designating

29         the proposed entrance pavilion at the John and

30         Mabel Ringling Museum of Art at the Florida

31         State University Ringling Center for Cultural

                                  1

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    Florida Senate - 2004                           CS for SB 2884
    304-2464-04




 1         Arts as the "John M. McKay Visitors' Pavilion";

 2         authorizing the erection of suitable markers;

 3         providing an effective date.

 4  

 5  Be It Enacted by the Legislature of the State of Florida:

 6  

 7         Section 1.  Paragraph (b) of subsection (1) of section

 8  1009.531, Florida Statutes, is amended to read:

 9         1009.531  Florida Bright Futures Scholarship Program;

10  student eligibility requirements for initial awards.--

11         (1)  To be eligible for an initial award from any of

12  the three types of scholarships under the Florida Bright

13  Futures Scholarship Program, a student must:

14         (b)  Earn a standard Florida high school diploma or its

15  equivalent as described in s. 1003.429, s. 1003.43, or s.

16  1003.435 unless:

17         1.  The student is enrolled full time in the early

18  admission program of an eligible postsecondary education

19  institution or completes a home education program according to

20  s. 1002.41; or

21         2.  The student earns a high school diploma from a

22  non-Florida school while living with a parent or guardian who

23  is on military or public service assignment away from Florida.

24         Section 2.  Section 1011.901, Florida Statutes, is

25  created to read:

26         1011.901  Incentive funding for targeted degree

27  production at state universities.--

28         (1)  INCENTIVE FUNDING FOR INCREASED DEGREE PRODUCTION

29  IN CRITICAL AREAS.--Subject to legislative appropriation, the

30  Board of Governors shall annually allocate an amount specified

31  in the General Appropriations Act as incentive awards to

                                  2

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    Florida Senate - 2004                           CS for SB 2884
    304-2464-04




 1  individual university boards of trustees for establishing

 2  programs, policies, and procedures that lead to increased

 3  degree production in academic discipline areas deemed critical

 4  to future job growth needs of this state.

 5         (2)  TARGETED CRITICAL AREAS DURING THE 2004-2005

 6  FISCAL YEAR.--The targeted academic discipline areas deemed

 7  critical to future job growth needs of this state for the

 8  2004-2005 fiscal year shall be:

 9         (a)  Teaching;

10         (b)  Nursing;

11         (c)  Engineering; and

12         (d)  Information Technology.

13         (3)  ALLOCATION OF INCENTIVE AWARDS FOR THE 2004-2005

14  FISCAL YEAR.--

15         (a) By July 15, 2004, the Board of Governors, in

16  conjunction with the individual university boards of trustees,

17  shall identify the specific academic disciplines and the

18  appropriate upper-level and graduate-level academic courses

19  that articulate to the targeted career areas identified in

20  subsection (2).

21         (b)  Prior to allocating any appropriated incentive

22  awards, the Board of Governors shall establish a base from the

23  2003-2004 full-time equivalent student enrollments in the

24  upper-level and graduate-level academic courses identified

25  pursuant to this subsection and taken by students who are

26  officially seeking an undergraduate or graduate degree in the

27  targeted academic disciplines identified pursuant to this

28  subsection.

29         (c)  By August 15, 2004, the Board of Governors shall

30  develop a methodology for allocating any appropriated

31  incentive awards for the 2004-2005 fiscal year based on a

                                  3

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    Florida Senate - 2004                           CS for SB 2884
    304-2464-04




 1  prorated share of the actual number of full-time equivalent

 2  student enrollment growth above the base year. Any

 3  appropriated funds for incentives which are not awarded by the

 4  end of the fiscal year shall revert to the General Revenue

 5  Fund unallocated.

 6         (4)  TARGETED CRITICAL AREAS DURING THE 2005-2006

 7  FISCAL YEAR AND THEREAFTER.--

 8         (a)  By October 1, 2004, the Board of Governors, in

 9  consultation with the Agency for Workforce Innovation,

10  Workforce Florida, Inc., and Enterprise Florida, Inc., shall

11  develop a multiyear forecasting mechanism for identifying

12  occupations in areas that may require an increase in

13  undergraduate and graduate degree production. By October 1 of

14  each year, such forecasting shall identify occupations with

15  the largest unmet growth rates as well as the highest wage

16  potential for subsequent years.

17         (b)  By November 1, 2004, the Board of Governors shall

18  develop a methodology for allocating any appropriated

19  incentive awards, beginning with the 2005-2006 fiscal year,

20  based on increasing undergraduate and graduate degree

21  production in academic disciplines linked to occupations

22  identified by the forecast specified in paragraph (a). Any

23  appropriated funds for incentives which are not awarded by the

24  end of the fiscal year shall revert to the General Revenue

25  Fund unallocated.

26         (5)  ANNUAL REPORT.--By December 1 of each year, the

27  Board of Governors shall submit a report to the Governor, the

28  President of the Senate, and the Speaker of the House of

29  Representatives which details the implementation of this

30  section, including any university successes or barriers to

31  such implementation.

                                  4

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    Florida Senate - 2004                           CS for SB 2884
    304-2464-04




 1         Section 3.  Subsections (15), (16), (17), and (18) are

 2  added to section 1009.24, Florida Statutes, to read:

 3         1009.24  State university student fees.--

 4         (15)  Each university board of trustees shall provide

 5  every student who is charged tuition and fees with a billing

 6  statement at the beginning of each semester which clearly

 7  identifies the amount of funding the state and the respective

 8  university are paying on behalf of the student to reflect the

 9  true costs of the student's education. State funding to the

10  university and state-supported financial assistance shall be

11  itemized and included in the billing statement.  The billing

12  statement required by this subsection may be transmitted to

13  the student by e-mail, web page, or other electronic means.  A

14  sample of the billing statement format shall be submitted to

15  the Board of Governors for its review and approval prior to

16  August 15 of each year.

17         (16)  Each university board of trustees shall develop a

18  proposal to establish a block tuition and fee policy in order

19  to decrease the time required for students to earn their

20  degrees.  The proposals shall not increase costs to students

21  or the state for students participating in the Florida Bright

22  Futures Scholarship Program or the Florida Prepaid College

23  Program. The proposals shall be submitted to the Board of

24  Governors, the Governor, the President of the Senate, and the

25  Speaker of the House of Representatives no later than December

26  15, 2004.

27         (17)(a)  Each university board of trustees shall

28  establish a tuition and fee policy, beginning with the

29  2004-2005 academic year, for students not seeking a degree.

30  For purposes of this subsection, a student not seeking a

31  degree is a student who has not been formally admitted to the

                                  5

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    Florida Senate - 2004                           CS for SB 2884
    304-2464-04




 1  university as an undergraduate, graduate, or professional

 2  student.

 3         (b)  Such policy shall require students who are not

 4  seeking a degree to pay the full cost of instruction per

 5  credit hour, but shall provide an exemption for the following

 6  students:

 7         1.  Students who provide documentation that the courses

 8  they seek to enroll in are required for professional

 9  licensure, certification, or recertification.

10         2.  Active duty military personnel.

11         3.  Retired military personnel within 2 years after

12  retirement.

13         4.  Full-time employees of state agencies or political

14  subdivisions of the state when the employee's tuition and fees

15  are paid by the state agency or political subdivision for the

16  purpose of taking job-related courses.

17         (c)  Student credit hours generated by students who are

18  not seeking a degree, excluding those students who have been

19  provided an exemption pursuant to paragraph (b), shall be

20  identified separately when reporting full-time equivalent

21  student enrollments.

22         (d)  The policy shall be submitted to the Board of

23  Governors for its review and submission to the Governor, the

24  President of the Senate, and the Speaker of the House of

25  Representatives.

26         (18)(a)  Each university board of trustees shall

27  establish a tuition and fee policy, beginning with the

28  2004-2005 academic year, for students who are in excess of the

29  number of credit hours needed to graduate by more than 15

30  percent.

31  

                                  6

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    Florida Senate - 2004                           CS for SB 2884
    304-2464-04




 1         (b)  Such policy shall require students who are in

 2  excess of the number of credit hours needed to graduate by

 3  more than 15 percent to pay the full cost of instruction per

 4  credit hour, but shall provide an exemption for the following

 5  credit hours earned by students:

 6         1.  Credit hours earned through an acceleration

 7  mechanism identified in s. 1007.27.

 8         2.  Credit hours earned in remedial courses.

 9         3.  Credit hours earned in military science courses.

10         4.  Credit hours required to achieve a dual major.

11         5.  Credit hours required to achieve teacher

12  certification that are not credited toward the student's first

13  baccalaureate degree.

14         6.  Credit hours taken by active duty military

15  personnel.

16         7.  Credit hours in courses from which a student must

17  withdraw due to medical or personal hardship reasons.

18         (c)  The policy shall include the following credit

19  hours earned by students for purposes of this subsection:

20         1.  All credit hours for courses taken at the state

21  university from which the student is seeking a degree,

22  including repeated courses and failed courses, except as

23  provided in s. 1009.285, and courses that are dropped after

24  the university's advertised last day of drop and add.

25         2.  All credit hours earned at another institution and

26  accepted for transfer.

27         (d)  Student credit hours generated by students who are

28  in excess of the number of credit hours needed to graduate by

29  more than 15 percent, excluding those credit hours identified

30  in paragraph (b), shall be identified separately when

31  reporting full-time equivalent student enrollments.

                                  7

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    Florida Senate - 2004                           CS for SB 2884
    304-2464-04




 1         (e)  The policy shall be submitted to the Board of

 2  Governors for its review and submission to the Governor, the

 3  President of the Senate, and the Speaker of the House of

 4  Representatives.

 5         Section 4.  Section 1011.94, Florida Statutes, is

 6  amended to read:

 7         1011.94  Trust Fund for University Major Gifts.--

 8         (1)  There is established a Trust Fund for University

 9  Major Gifts. The purpose of the trust fund is to enable each

10  university and New College to provide donors with an incentive

11  in the form of matching grants for donations for the

12  establishment of permanent endowments and sales tax exemption

13  matching funds received pursuant to s. 212.08(5)(j), which

14  must be invested, with the proceeds of the investment used to

15  support libraries and instruction and research programs, as

16  defined by the Board of Governors State Board of Education.

17  All funds appropriated for the challenge grants, new donors,

18  major gifts, sales tax exemption matching funds pursuant to s.

19  212.08(5)(j), or eminent scholars program must be deposited

20  into the trust fund and invested pursuant to s. 17.61 until

21  the Board of Governors State Board of Education allocates the

22  funds to universities to match private donations.

23  Notwithstanding s. 216.301 and pursuant to s. 216.351, any

24  undisbursed balance remaining in the trust fund and interest

25  income accruing to the portion of the trust fund which is not

26  matched and distributed to universities must remain in the

27  trust fund and be used to increase the total funds available

28  for challenge grants. Funds deposited in the trust fund for

29  the sales tax exemption matching program authorized in s.

30  212.08(5)(j), and interest earnings thereon, shall be

31  maintained in a separate account within the Trust Fund for

                                  8

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    Florida Senate - 2004                           CS for SB 2884
    304-2464-04




 1  University Major Gifts, and may be used only to match

 2  qualified sales tax exemptions that a certified business

 3  designates for use by state universities and community

 4  colleges to support research and development projects

 5  requested by the certified business. The State Board of

 6  Education may authorize any university to encumber the state

 7  matching portion of a challenge grant from funds available

 8  under s. 1011.45.

 9         (2)  The Board of Governors State Board of Education

10  shall specify the process for submission, documentation, and

11  approval of requests for matching funds, accountability for

12  endowments and proceeds of endowments, allocations to

13  universities, restrictions on the use of the proceeds from

14  endowments, and criteria used in determining the value of

15  donations.

16         (3)(a)  The Board of Governors State Board of Education

17  shall allocate the amount appropriated to the trust fund to

18  each university and New College based on the amount of the

19  donation and the restrictions applied to the donation.

20         (b)  Donations from a private source must be for a

21  specific purpose to support university priorities as

22  established by the university's board of trustees and must be

23  matched in the following manner:

24         1.  Each university that raises at least $100,000 but

25  no more than $499,999 $599,999 from a private source must

26  receive a matching grant equal to 25 50 percent of the private

27  contribution.

28         2.  Each university that raises a contribution of at

29  least $500,000 $600,000 but no more than $999,999 $1 million

30  from a private source must receive a matching grant equal to

31  50 70 percent of the private contribution.

                                  9

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    Florida Senate - 2004                           CS for SB 2884
    304-2464-04




 1         3.  Each university that raises a contribution in

 2  excess of at least $1 million but less no more than $3 $1.5

 3  million from a private source must receive a matching grant

 4  equal to 75 percent of the private contribution.

 5         4.  Each university that raises a contribution in

 6  excess of $1.5 million but no more than $2 million from a

 7  private source must receive a matching grant equal to 80

 8  percent of the private contribution.

 9         4.5.  Each university that raises a contribution in

10  excess of $3 $2 million or more from a private source must

11  receive a matching grant equal to 100 percent of the private

12  contribution.

13         5.  A bundled gift shall be limited to not more than $1

14  million and a maximum match of 50 percent.

15         6.  The maximum amount of matching funds that may be

16  used to match a single gift in any given year is $3 million.

17  The maximum total amount of matching funds that may be used to

18  match any single gift is $15 million, to be distributed in

19  equal amounts of $3 million per year over a period of 5 years,

20  subject to availability of funds.

21         (c)  The State Board of Education shall encumber state

22  matching funds for any pledged contributions, pro rata, based

23  on the requirements for state matching funds as specified for

24  the particular challenge grant and the amount of the private

25  donations actually received by the university for the

26  respective challenge grant.

27         (4)  Matching funds may be provided for contributions

28  encumbered or pledged under the Eminent Scholars Act prior to

29  July 1, 1994, and for donations or pledges of any amount equal

30  to or in excess of the prescribed minimums which are pledged

31  for the purpose of this section.

                                  10

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    Florida Senate - 2004                           CS for SB 2884
    304-2464-04




 1         (5)(a)  Each university foundation and New College

 2  Foundation shall establish a challenge grant account for each

 3  challenge grant as a depository for private contributions and

 4  state matching funds to be administered on behalf of the Board

 5  of Governors or State Board of Education, the university, or

 6  New College. State matching funds must be transferred to a

 7  university foundation or New College Foundation upon

 8  notification that the university or New College has received

 9  and deposited the amount specified in this section in a

10  foundation challenge grant account.

11         (b)  The foundation serving a university and New

12  College Foundation each has the responsibility for the

13  maintenance and investment of its challenge grant account and

14  for the administration of the program on behalf of the

15  university or New College, pursuant to procedures specified by

16  the Board of Governors State Board of Education. Each

17  foundation shall include in its annual report to the Board of

18  Governors State Board of Education information concerning

19  collection and investment of matching gifts and donations and

20  investment of the account.

21         (c)  A private donation of at least $700,000 $600,000

22  and 50 percent of associated state matching funds may be used

23  to designate an Eminent Scholar Endowed Chair pursuant to

24  procedures specified by the State Board of Education.

25         (6)  The donations, state matching funds, or proceeds

26  from endowments established under this section may not be

27  expended for the construction, renovation, or maintenance of

28  facilities or for the support of intercollegiate athletics.

29         (7)  Any gift, including a gift pledged and approved

30  for initial match, which is approved by the Board of Governors

31  and on the pending list before July 1, 2004, shall be eligible

                                  11

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    Florida Senate - 2004                           CS for SB 2884
    304-2464-04




 1  for state match at the rate when approved. These changes are

 2  effective for new gifts and pledges made on or after July 1,

 3  2005.

 4         (8)  Implementation of this section is contingent upon

 5  legislative appropriation and as provided by law.

 6         Section 5.  James E. "Jim" and Linda King, Jr., Student

 7  Union Building designated; University of North Florida to

 8  erect suitable markers.--

 9         (1)  The Student Union Building at the University of

10  North Florida is designated as the "James E. "Jim" and Linda

11  King, Jr., Student Union Building."

12         (2)  The University of North Florida is authorized to

13  erect suitable markers for the designation of the James E.

14  "Jim" and Linda King, Jr., Student Union Building as described

15  in subsection (1).

16         Section 6.  John M. McKay Visitors' Pavilion

17  designated; Florida State University to erect suitable

18  markers.--

19         (1)  The proposed entrance pavilion at the John and

20  Mabel Ringling Museum of Art at the Florida State University

21  Center for Cultural Arts in Sarasota is designated as the

22  "John M. McKay Visitors' Pavilion."

23         (2)  Florida State University is authorized to erect

24  suitable markers for the designation of the John M. McKay

25  Visitors' Pavilion as described in subsection (1).

26         Section 7.  This act shall take effect July 1, 2004.

27  

28  

29  

30  

31  

                                  12

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    Florida Senate - 2004                           CS for SB 2884
    304-2464-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2884

 3                                 

 4  Requires each university board of trustees to develop a
    proposal for a block tuition and fee policy, with certain
 5  restrictions, to be submitted to the Board of Governors, the
    Governor, the President of the Senate and the Speaker of the
 6  House of Representatives by December 15, 2004.

 7  Requires each university board of trustees to establish a
    policy, beginning in 2004-2005, that students who have earned
 8  more than 115 percent of the number of credit hours needed to
    graduate or who are not seeking a degree will have to pay the
 9  full cost of their education. Provides a definition of
    students not seeking degrees.  Changes other requirements and
10  adds new required exceptions to these policies.

11  Requires that tuition and fee policies adopted by university
    boards of trustees regarding excess hours and students not
12  seeking degrees be submitted to the Board of Governors for
    review and submission to the Governor, President of the
13  Senate, and Speaker of the House of Representatives.

14  Amends the Florida Bright Futures Scholarship Program to
    eliminate the eligibility of students who are enrolled full
15  time in the early admission program of an eligible
    postsecondary institution.
16  
    Designates the student union building at the University of
17  North Florida as the "James E. "Jim" and Linda King, Jr.,
    Student Union Building."
18  
    Designates the proposed entrance pavilion at the John and
19  Mabel Ringling Museum of Art at the Florida State University
    Center for Cultural Arts in Sarasota as the "John M. McKay
20  Visitors' Pavilion."

21  Amends statutory provisions regarding the Trust Fund for
    University Major Gifts:
22  
         to make conforming changes to reflect the creation of the
23       Board of Governors as the entity responsible for
         management of the state universities,
24  
         to revise the purposes for which a donation must be made,
25  
         to revise the donation levels available for matches as
26       well as corresponding state matching grant amounts,

27       to restrict bundled gifts,

28       to provide a maximum amount of matching funds for any
         single gift,
29  
         to eliminate pro rata distribution for state matching
30       funds, and

31       to eliminate the authority of the State Board of
         Education to authorize any university to encumber the
                                  13

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    Florida Senate - 2004                           CS for SB 2884
    304-2464-04




 1       state match from unexpended funds in a university
         operating budget.
 2  

 3  Provides that changes to the match provisions of the Trust
    Fund for University Major Gifts will be applicable to new
 4  gifts and pledges made after July 1, 2005.

 5  

 6  

 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  14

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