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_h5201__
HB 5201

1
A bill to be entitled
2An act relating to postsecondary education funding;
3amending s. 295.02, F.S.; revising provisions relating to
4the use of funds to pay postsecondary education expenses
5for children and spouses of certain members of the
6military; amending s. 295.04, F.S.; providing a
7definition; providing educational benefit award amounts
8for students at public and nonpublic eligible
9postsecondary education institutions; creating s. 1006.72,
10F.S.; providing requirements for the licensing of
11electronic library resources; requiring a process to
12annually identify electronic library resources for
13specified core categories; providing requirements for
14statewide, postsecondary, 4-year degree, and 2-year degree
15core resources; amending s. 1009.22, F.S.; requiring
16students in workforce education programs to be classified
17as residents or nonresidents for tuition purposes;
18authorizing, rather than requiring, the State Board of
19Education to adopt rules for use by district school boards
20and community college boards of trustees in the
21calculation of workforce education costs borne by
22students; amending s. 1009.24, F.S.; authorizing certain
23calculations for expenditures for need-based financial
24aid; providing that a student who is awarded a prepaid
25postsecondary tuition scholarship is exempt from payment
26of the tuition differential while the scholarship is in
27effect; requiring certain reporting; amending ss.
281009.534, 1009.535, and 1009.536, F.S.; providing that the
29award amount for a Florida Academic Scholar, Florida
30Medallion Scholar, and Florida Gold Seal Vocational
31Scholar shall be specified in the General Appropriations
32Act for the 2010-2011 academic year; amending s. 1009.984,
33F.S.; providing that a student who is awarded a prepaid
34postsecondary tuition scholarship is exempt from payment
35of the tuition differential while the scholarship is in
36effect; amending s. 1010.87, F.S.; providing that certain
37funds transferred to the Workers' Compensation
38Administration Trust Fund in the Department of Education
39shall revert to the Workers' Compensation Administration
40Trust Fund in the Department of Financial Services;
41amending s. 1011.32, F.S.; revising the date for
42transmittal to the Legislature of information relating to
43the Community College Facility Enhancement Challenge Grant
44Program; amending s. 1011.80, F.S.; requiring students in
45workforce education programs to be classified as residents
46or nonresidents for tuition purposes; amending s. 1011.83,
47F.S.; deleting certain provisions relating to funds
48appropriated for baccalaureate degree programs conducted
49by community colleges; amending s. 1011.84, F.S.;
50requiring the Department of Education to estimate certain
51community college enrollments separately; reducing the
52number of fiscal years to be covered in each annual
53estimation; requiring a community college that grants
54baccalaureate degrees to report certain expenditures
55separately; amending s. 1013.79, F.S.; revising the date
56for transmittal to the Legislature of information relating
57to the University Facility Enhancement Challenge Grant
58Program; repealing s. 1009.5385, F.S., relating to the use
59of certain scholarship funds by children of deceased or
60disabled veterans; providing an effective date.
61
62Be It Enacted by the Legislature of the State of Florida:
63
64     Section 1.  Section 295.02, Florida Statutes, is amended to
65read:
66     295.02  Use of funds; age, etc.-
67     (1)  Sums appropriated and expended to carry out the
68provisions of s. 295.01(1) may shall be used to pay tuition and
69registration fees, board, and room rent and to buy books and
70supplies for the children of deceased or disabled veterans or
71servicemembers, as defined and limited in s. 295.01, s. 295.016,
72s. 295.017, s. 295.018, s. 295.0185, s. 295.019, or s. 295.0195,
73or of parents classified as prisoners of war or missing in
74action, as defined and limited in s. 295.015, who are between
75the ages of 16 and 22 years and who are in attendance at an
76eligible postsecondary education a state-supported institution
77as defined in s. 295.04 of higher learning, including a
78community college or career center. Any child having entered
79upon a course of training or education under the provisions of
80this chapter, consisting of a course of not more than 4 years,
81and arriving at the age of 22 years before the completion of
82such course may continue the course and receive all benefits of
83the provisions of this chapter until the course is completed.
84     (2)  Sums appropriated and expended to carry out the
85provisions of s. 295.01(2) may shall be used to pay tuition and
86registration fees, board, and room rent and to buy books and
87supplies for the spouses of deceased or disabled veterans or
88servicemembers, as defined and limited in s. 295.01, who are
89enrolled at an eligible postsecondary education a state-
90supported institution as defined in s. 295.04 of higher
91learning, including a community college or career center.
92     (3)  Notwithstanding the benefits-disbursement provision in
93s. 295.04, such funds shall be applicable for up to 110 percent
94of the number of required credit hours of an initial
95baccalaureate degree or certificate program for which the
96student spouse is enrolled.
97     (4)(3)  The Department of Education shall administer this
98educational program subject to regulations of the department.
99     Section 2.  Section 295.04, Florida Statutes, is amended to
100read:
101     295.04  Appropriation; benefits.-
102     (1)  The sum necessary for the purposes of this chapter
103shall be appropriated in the General Appropriations Act for each
104fiscal year, provided that no student shall receive an amount in
105excess of tuition and registration fees.
106     (2)  As used in this section, an "eligible postsecondary
107education institution" means an institution described in s.
1081009.533.
109     (3)(a)  A student who is enrolled in a public eligible
110postsecondary education institution is eligible for an award
111equal to the amount required to pay tuition and registration
112fees or the amount specified in the General Appropriations Act.
113     (b)  A student enrolled in a nonpublic eligible
114postsecondary education institution is eligible for an award
115equal to the amount that would be required to pay for the
116average tuition and registration fees of a public postsecondary
117education institution at the comparable level or the amount
118specified in the General Appropriations Act.
119     (4)  Only students in good standing in their respective
120institutions shall receive the benefits under this section
121thereof, and no student shall receive such benefits for more
122than 12 quarters, 8 semesters, or 8 trimesters.
123     Section 3.  Section 1006.72, Florida Statutes, is created
124to read:
125     1006.72  Licensing electronic library resources.-
126     (1)  FINDINGS.-The Legislature finds that the most cost
127efficient and effective means of licensing electronic library
128resources requires that Florida colleges and state universities
129collaborate with school districts and public libraries in the
130identification and acquisition of such resources needed by more
131than one sector.
132     (2)  PROCESS TO IDENTIFY RESOURCES.-Library staff from
133Florida colleges, state universities, school districts, and
134public libraries shall implement a process that annually
135identifies the electronic library resources for each of the core
136categories established in this section. To the extent possible,
137the Florida Electronic Library, the Florida Center for Library
138Automation, and the College Center for Library Automation shall
139jointly coordinate this annual process.
140     (3)  STATEWIDE CORE RESOURCES.-For purposes of the Florida
141Electronic Library's licensing of electronic library resources
142with funds allocated by the Federal Government, library
143representatives from public libraries, school districts, Florida
144colleges, and state universities shall identify the statewide
145core resources that will be available to all students, teachers,
146and citizens of the state.
147     (4)  POSTSECONDARY EDUCATION CORE RESOURCES.-For purposes
148of the licensing of electronic library resources required by
149both the Florida Center for Library Automation and the College
150Center for Library Automation from funds appropriated to the
151centers, Florida college and state university library staff
152shall identify the postsecondary education core resources that
153will be available to all postsecondary education students.
154     (5)  FOUR-YEAR DEGREE CORE RESOURCES.-For purposes of the
155licensing of electronic library resources beyond the
156postsecondary education core resources by the Florida Center for
157Library Automation from funds appropriated to the center, state
158university library staff, in consultation with Florida college
159library staff, shall identify the 4-year degree core resources
160that will be available to all 4-year degree seeking students in
161the State University System and the Florida College System. The
162Florida Center for Library Automation shall include in the
163negotiated pricing model any Florida college interested in
164licensing a resource.
165     (6)  TWO-YEAR DEGREE CORE RESOURCES.-For purposes of the
166licensing of electronic library resources beyond the
167postsecondary education core resources by the College Center for
168Library Automation from funds appropriated to the center,
169Florida college library staff shall identify the 2-year degree
170core resources that will be available to all Florida college
171students. The College Center for Library Automation shall
172include in the negotiated pricing model any state university
173interested in licensing a resource.
174     Section 4.  Subsection (1), paragraph (g) of subsection
175(3), and subsection (11) of section 1009.22, Florida Statutes,
176are amended to read:
177     1009.22  Workforce education postsecondary student fees.-
178     (1)(a)  This section applies to students enrolled in
179workforce education programs who are reported for funding,
180except that college credit fees for the community colleges are
181governed by s. 1009.23.
182     (b)  Students shall be classified by school districts and
183community colleges as residents or nonresidents for the purpose
184of assessing tuition in workforce education programs. Resident
185status shall be determined in the same manner as resident status
186for tuition purposes pursuant to s. 1009.21.
187     (3)
188     (g)  The State Board of Education may shall adopt, by rule,
189the definitions and procedures that district school boards and
190community college boards of trustees shall use in the
191calculation of cost borne by students.
192     (11)  Any school district or community college that reports
193students who have not paid fees in an approved manner in
194calculations of full-time equivalent enrollments for state
195funding purposes shall be penalized at a rate equal to 2 times
196the value of such enrollments. Such penalty shall be charged
197against the following year's allocation from workforce education
198funds or the Community College Program Fund and shall revert to
199the General Revenue Fund. The State Board of Education shall
200specify, as necessary in rule, approved methods of student fee
201payment. Such methods must include, but need not be limited to,
202student fee payment; payment through federal, state, or
203institutional financial aid; and employer fee payments.
204     Section 5.  Paragraphs (a), (b), and (e) of subsection (16)
205of section 1009.24, Florida Statutes, are amended to read:
206     1009.24  State university student fees.-
207     (16)  Each university board of trustees may establish a
208tuition differential for undergraduate courses upon receipt of
209approval from the Board of Governors. The tuition differential
210shall promote improvements in the quality of undergraduate
211education and shall provide financial aid to undergraduate
212students who exhibit financial need.
213     (a)  Seventy percent of the revenues from the tuition
214differential shall be expended for purposes of undergraduate
215education. Such expenditures may include, but are not limited
216to, increasing course offerings, improving graduation rates,
217increasing the percentage of undergraduate students who are
218taught by faculty, decreasing student-faculty ratios, providing
219salary increases for faculty who have a history of excellent
220teaching in undergraduate courses, improving the efficiency of
221the delivery of undergraduate education through academic
222advisement and counseling, and reducing the percentage of
223students who graduate with excess hours. This expenditure for
224undergraduate education may not be used to pay the salaries of
225graduate teaching assistants. Except as otherwise provided in
226this subsection, the remaining 30 percent of the revenues from
227the tuition differential, or the equivalent amount of revenue
228from private sources, shall be expended to provide financial aid
229to undergraduate students who exhibit financial need to meet the
230cost of university attendance. This expenditure for need-based
231financial aid shall not supplant the amount of need-based aid
232provided to undergraduate students in the preceding fiscal year
233from financial aid fee revenues, the direct appropriation for
234financial assistance provided to state universities in the
235General Appropriations Act, or from private sources. The total
236amount of tuition differential exempted under subparagraph (b)7.
237and the total amount of tuition differential waived under
238subparagraph (b)9. may be included in calculating the
239expenditures for need-based financial aid to undergraduate
240students required by this subsection.
241     (b)  Each tuition differential is subject to the following
242conditions:
243     1.  The tuition differential may be assessed on one or more
244undergraduate courses or on all undergraduate courses at a state
245university.
246     2.  The tuition differential may vary by course or courses,
247campus or center location, and by institution. Each university
248board of trustees shall strive to maintain and increase
249enrollment in degree programs related to math, science, high
250technology, and other state or regional high-need fields when
251establishing tuition differentials by course.
252     3.  For each state university that has total research and
253development expenditures for all fields of at least $100 million
254per year as reported annually to the National Science
255Foundation, the aggregate sum of tuition and the tuition
256differential may not be increased by more than 15 percent of the
257total charged for the aggregate sum of these fees in the
258preceding fiscal year. For each state university that has total
259research and development expenditures for all fields of less
260than $100 million per year as reported annually to the National
261Science Foundation, the aggregate sum of tuition and the tuition
262differential may not be increased by more than 15 percent of the
263total charged for the aggregate sum of these fees in the
264preceding fiscal year.
265     4.  The aggregate sum of undergraduate tuition and fees per
266credit hour, including the tuition differential, may not exceed
267the national average of undergraduate tuition and fees at 4-year
268degree-granting public postsecondary educational institutions.
269     5.  The tuition differential may not be calculated as a
270part of the scholarship programs established in ss. 1009.53-
2711009.538.
272     6.  Beneficiaries having prepaid tuition contracts pursuant
273to s. 1009.98(2)(b) which were in effect on July 1, 2007, and
274which remain in effect, are exempt from the payment of the
275tuition differential.
276     7.  A student who is awarded a prepaid postsecondary
277tuition scholarship pursuant to s. 1009.984 is exempt from the
278payment of the tuition differential while the scholarship
279remains in effect.
280     8.7.  The tuition differential may not be charged to any
281student who was in attendance at the university before July 1,
2822007, and who maintains continuous enrollment.
283     9.8.  The tuition differential may be waived by the
284university for students who meet the eligibility requirements
285for the Florida public student assistance grant established in
286s. 1009.50.
287     10.9.  Subject to approval by the Board of Governors, the
288tuition differential authorized pursuant to this subsection may
289take effect with the 2009 fall term.
290     (e)  The Board of Governors shall submit a report to the
291President of the Senate, the Speaker of the House of
292Representatives, and the Governor describing the implementation
293of the provisions of this subsection no later than January 1,
2942010, and no later than January 1 each year thereafter. The
295report shall summarize proposals received by the board during
296the preceding fiscal year and actions taken by the board in
297response to such proposals. In addition, the report shall
298provide the following information for each university that has
299been approved by the board to assess a tuition differential:
300     1.  The course or courses for which the tuition
301differential was assessed and the amount assessed.
302     2.  The total revenues generated by the tuition
303differential.
304     3.  With respect to waivers authorized under subparagraph
305(b)9.8., the number of students eligible for a waiver, the
306number of students receiving a waiver, and the value of waivers
307provided.
308     4.  Detailed expenditures of the revenues generated by the
309tuition differential.
310     5.  Changes in retention rates, graduation rates, the
311percentage of students graduating with more than 110 percent of
312the hours required for graduation, pass rates on licensure
313examinations, the number of undergraduate course offerings, the
314percentage of undergraduate students who are taught by faculty,
315student-faculty ratios, and the average salaries of faculty who
316teach undergraduate courses.
317     6.  With respect to the exemption provided under
318subparagraph (b)7., the number of students eligible for the
319exemption and the value of the exemptions provided.
320     Section 6.  Subsection (5) of section 1009.534, Florida
321Statutes, is amended to read:
322     1009.534  Florida Academic Scholars award.-
323     (5)  Notwithstanding subsections (2) and (4), a Florida
324Academic Scholar is eligible for an award equal to the amount
325specified in the General Appropriations Act for the 2010-2011
3262009-2010 academic year. This subsection expires July 1, 2011
3272010.
328     Section 7.  Subsection (4) of section 1009.535, Florida
329Statutes, is amended to read:
330     1009.535  Florida Medallion Scholars award.-
331     (4)  Notwithstanding subsection (2), a Florida Medallion
332Scholar is eligible for an award equal to the amount specified
333in the General Appropriations Act for the 2010-2011 2009-2010
334academic year. This subsection expires July 1, 2011 2010.
335     Section 8.  Subsection (5) of section 1009.536, Florida
336Statutes, is amended to read:
337     1009.536  Florida Gold Seal Vocational Scholars award.-The
338Florida Gold Seal Vocational Scholars award is created within
339the Florida Bright Futures Scholarship Program to recognize and
340reward academic achievement and career preparation by high
341school students who wish to continue their education.
342     (5)  Notwithstanding subsection (2), a Florida Gold Seal
343Vocational Scholar is eligible for an award equal to the amount
344specified in the General Appropriations Act for the 2010-2011
3452009-2010 academic year. This subsection expires July 1, 2011
3462010.
347     Section 9.  Section 1009.984, Florida Statutes, is amended
348to read:
349     1009.984  Florida Prepaid Tuition Scholarship Program.-The
350Florida Prepaid Tuition Scholarship Program is established to
351provide economically disadvantaged youth with prepaid
352postsecondary tuition scholarships. A student who is awarded a
353prepaid postsecondary tuition scholarship under this section is
354exempt from the payment of the tuition differential assessed
355pursuant to s. 1009.24(16) while the scholarship remains in
356effect. The direct-support organization established pursuant to
357s. 1009.983 shall administer the program with the assistance and
358cooperation of the Department of Education to:
359     (1)  Provide an incentive for economically disadvantaged
360youth to improve school attendance and academic performance in
361order to graduate and pursue a postsecondary education.
362     (2)  Obtain the commitment and involvement of private
363sector entities by virtue of funding matches with a ratio of 50
364percent provided by the private sector and 50 percent provided
365by the state.
366     (3)  Purchase prepaid tuition scholarships for students
367certified by the Department of Education to the direct-support
368organization who meet minimum economic and school requirements
369and remain drug free and crime free.
370     (a)  For the purpose of this subsection, "drug free" means
371not being convicted of, or adjudicated delinquent for, any
372violation of chapter 893 after being designated a recipient of a
373Florida prepaid tuition scholarship.
374     (b)  For the purpose of this subsection, "crime free" means
375not being convicted of, or adjudicated delinquent for, any
376felony or first degree misdemeanor as defined in ss. 775.08 and
377775.081 after being designated a recipient of a Florida prepaid
378tuition scholarship.
379     Section 10.  Subsection (2) of section 1010.87, Florida
380Statutes, is amended to read:
381     1010.87  Workers' Compensation Administration Trust Fund
382within the Department of Education.-
383     (2)  Funds appropriated by nonoperating transfer from the
384Workers' Compensation Administration Trust Fund in the
385Department of Financial Services that remain unencumbered as of
386June 30 or undisbursed as of September 30 shall revert to the
387Workers' Compensation Administration Trust Fund in the
388Department of Financial Services. Notwithstanding the provisions
389of s. 216.301 and pursuant to s. 216.351, any balance in the
390trust fund at the end of any fiscal year shall remain in the
391trust fund at the end of the year and shall be available for
392carrying out the purposes of the trust fund.
393     Section 11.  Subsection (8) of section 1011.32, Florida
394Statutes, is amended to read:
395     1011.32  Community College Facility Enhancement Challenge
396Grant Program.-
397     (8)  By October 15 September 1 of each year, the State
398Board of Education shall transmit to the Legislature a list of
399projects which meet all eligibility requirements to participate
400in the Community College Facility Enhancement Challenge Grant
401Program and a budget request which includes the recommended
402schedule necessary to complete each project.
403     Section 12.  Subsection (5) of section 1011.80, Florida
404Statutes, is amended to read:
405     1011.80  Funds for operation of workforce education
406programs.-
407     (5)  State funding and student fees for workforce education
408instruction shall be established as follows:
409     (a)  For a continuing workforce education course, state
410funding shall equal 50 percent of the cost of instruction, with
411student fees, business support, quick-response training funds,
412or other means making up the remaining 50 percent.
413     (b)  For all other workforce education programs, state
414funding shall equal 75 percent of the average cost of
415instruction with the remaining 25 percent made up from student
416fees. Fees for courses within a program shall not vary according
417to the cost of the individual program, but instead shall be
418based on a uniform fee calculated and set at the state level, as
419adopted by the State Board of Education, unless otherwise
420specified in the General Appropriations Act.
421     (c)  For fee-exempt students pursuant to s. 1009.25, unless
422otherwise provided for in law, state funding shall equal 100
423percent of the average cost of instruction.
424     (d)  For a public educational institution that has been
425fully funded by an external agency for direct instructional
426costs of any course or program, the FTE generated shall not be
427reported for state funding.
428
429Students shall be classified by school districts and community
430colleges as residents or nonresidents for the purpose of
431assessing tuition in workforce education programs. Resident
432status shall be determined in the same manner as resident status
433for tuition purposes pursuant to s. 1009.21.
434     Section 13.  Section 1011.83, Florida Statutes, is amended
435to read:
436     1011.83  Financial support of community colleges.-
437     (1)  Each community college that has been approved by the
438Department of Education and meets the requirements of law and
439rules of the State Board of Education shall participate in the
440Community College Program Fund. However, funds to support
441workforce education programs conducted by community colleges
442shall be provided pursuant to s. 1011.80.
443     (2)  Funding for baccalaureate degree programs approved
444pursuant to s. 1007.33 shall be specified in the General
445Appropriations Act. A student in a baccalaureate degree program
446approved pursuant to s. 1007.33 who is not classified as a
447resident for tuition purposes pursuant to s. 1009.21 may not be
448included in calculations of full-time equivalent enrollments for
449state funding purposes.
450     (3)  Funds specifically appropriated by the Legislature for
451baccalaureate degree programs approved pursuant to s. 1007.33
452may be used only for such programs. A community college shall
453fund the nonrecurring costs related to the initiation of a new
454baccalaureate degree program under s. 1007.33 without new state
455appropriations unless special grant funds are appropriated in
456the General Appropriations Act. A new baccalaureate degree
457program may not accept students without a recurring legislative
458appropriation for this purpose.
459     (4)  State funding for baccalaureate degree programs
460approved pursuant to s. 1007.33 shall be as provided in the
461General Appropriations Act.
462     (5)  A community college that grants baccalaureate degrees
463shall maintain reporting and funding distinctions between any
464baccalaureate degree program approved under s. 1007.33 and any
465other baccalaureate degree programs involving traditional
466concurrent-use partnerships.
467     Section 14.  Paragraph (a) of subsection (3) of section
4681011.84, Florida Statutes, is amended, and paragraph (g) is
469added to that subsection, to read:
470     1011.84  Procedure for determining state financial support
471and annual apportionment of state funds to each community
472college district.-The procedure for determining state financial
473support and the annual apportionment to each community college
474district authorized to operate a community college under the
475provisions of s. 1001.61 shall be as follows:
476     (3)  DETERMINING THE APPORTIONMENT FROM STATE FUNDS.-
477     (a)  By December 15 of each year, the Department of
478Education shall estimate the annual enrollment of each community
479college for the current fiscal year and for the 3 6 subsequent
480fiscal years. These estimates shall be based upon prior years'
481enrollments, upon the initial fall term enrollments for the
482current fiscal year for each college, and upon each college's
483estimated current enrollment and demographic changes in the
484respective community college districts. Upper-division
485enrollment shall be estimated separately from lower-division
486enrollment.
487     (g)  Expenditures for upper-division enrollment in a
488community college that grants baccalaureate degrees shall be
489reported separately from expenditures for lower-division
490enrollment, in accordance with law and State Board of Education
491rule.
492     Section 15.  Subsection (8) of section 1013.79, Florida
493Statutes, is amended to read:
494     1013.79  University Facility Enhancement Challenge Grant
495Program.-
496     (8)  By October 15 1 of each year, the Board of Governors
497shall transmit to the Legislature a list of projects that meet
498all eligibility requirements to participate in the Alec P.
499Courtelis University Facility Enhancement Challenge Grant
500Program and a budget request that includes the recommended
501schedule necessary to complete each project.
502     Section 16.  Section 1009.5385, Florida Statutes, is
503repealed.
504     Section 17.  This act shall take effect July 1, 2010.


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