September 18, 2020
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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 that is purchased, in
26whole or in part, with private sector funds is exempt from
27the payment of the tuition differential while the
28scholarship is in effect; requiring certain reporting;
29amending ss. 1009.534, 1009.535, and 1009.536, F.S.;
30providing that the award amount for a Florida Academic
31Scholar, Florida Medallion Scholar, and Florida Gold Seal
32Vocational Scholar shall be specified in the General
33Appropriations Act for the 2010-2011 academic year;
34amending s. 1009.984, F.S.; providing that a student who
35is awarded a prepaid postsecondary tuition scholarship
36that is purchased, in whole or in part, with private
37sector funds is exempt from the payment of the tuition
38differential while the scholarship is in effect; amending
39s. 1010.87, F.S.; providing that certain funds transferred
40to the Workers' Compensation Administration Trust Fund in
41the Department of Education shall revert to the Workers'
42Compensation Administration Trust Fund in the Department
43of Financial Services; amending s. 1011.32, F.S.; revising
44the date for transmittal to the Legislature of information
45relating to the Community College Facility Enhancement
46Challenge Grant Program; amending s. 1011.80, F.S.;
47requiring students in workforce education programs to be
48classified as residents or nonresidents for tuition
49purposes; amending s. 1011.83, F.S.; deleting certain
50provisions relating to funds appropriated for
51baccalaureate degree programs conducted by community
52colleges; amending s. 1011.84, F.S.; requiring the
53Department of Education to estimate certain community
54college enrollments separately; reducing the number of
55fiscal years to be covered in each annual estimation;
56requiring a community college that grants baccalaureate
57degrees to report certain expenditures separately;
58amending s. 1013.79, F.S.; revising the date for
59transmittal to the Legislature of information relating to
60the University Facility Enhancement Challenge Grant
61Program; repealing s. 1009.5385, F.S., relating to the use
62of certain scholarship funds by children of deceased or
63disabled veterans; providing an effective date.
64
65Be It Enacted by the Legislature of the State of Florida:
66
67     Section 1.  Section 295.02, Florida Statutes, is amended to
68read:
69     295.02  Use of funds; age, etc.-
70     (1)  Sums appropriated and expended to carry out the
71provisions of s. 295.01(1) may shall be used to pay tuition and
72registration fees, board, and room rent and to buy books and
73supplies for the children of deceased or disabled veterans or
74servicemembers, as defined and limited in s. 295.01, s. 295.016,
75s. 295.017, s. 295.018, s. 295.0185, s. 295.019, or s. 295.0195,
76or of parents classified as prisoners of war or missing in
77action, as defined and limited in s. 295.015, who are between
78the ages of 16 and 22 years and who are in attendance at an
79eligible postsecondary education a state-supported institution
80as defined in s. 295.04 of higher learning, including a
81community college or career center. Any child having entered
82upon a course of training or education under the provisions of
83this chapter, consisting of a course of not more than 4 years,
84and arriving at the age of 22 years before the completion of
85such course may continue the course and receive all benefits of
86the provisions of this chapter until the course is completed.
87     (2)  Sums appropriated and expended to carry out the
88provisions of s. 295.01(2) may shall be used to pay tuition and
89registration fees, board, and room rent and to buy books and
90supplies for the spouses of deceased or disabled veterans or
91servicemembers, as defined and limited in s. 295.01, who are
92enrolled at an eligible postsecondary education a state-
93supported institution as defined in s. 295.04 of higher
94learning, including a community college or career center.
95     (3)  Notwithstanding the benefits-disbursement provision in
96s. 295.04, such funds shall be applicable for up to 110 percent
97of the number of required credit hours of an initial
98baccalaureate degree or certificate program for which the
99student spouse is enrolled.
100     (4)(3)  The Department of Education shall administer this
101educational program subject to regulations of the department.
102     Section 2.  Section 295.04, Florida Statutes, is amended to
103read:
104     295.04  Appropriation; benefits.-
105     (1)  The sum necessary for the purposes of this chapter
106shall be appropriated in the General Appropriations Act for each
107fiscal year, provided that no student shall receive an amount in
108excess of tuition and registration fees.
109     (2)  As used in this section, an "eligible postsecondary
110education institution" means an institution described in s.
1111009.533.
112     (3)(a)  A student who is enrolled in a public eligible
113postsecondary education institution is eligible for an award
114equal to the amount required to pay tuition and registration
115fees or the amount specified in the General Appropriations Act.
116     (b)  A student enrolled in a nonpublic eligible
117postsecondary education institution is eligible for an award
118equal to the amount that would be required to pay for the
119average tuition and registration fees of a public postsecondary
120education institution at the comparable level or the amount
121specified in the General Appropriations Act.
122     (4)  Only students in good standing in their respective
123institutions shall receive the benefits under this section
124thereof, and no student shall receive such benefits for more
125than 12 quarters, 8 semesters, or 8 trimesters.
126     Section 3.  Section 1006.72, Florida Statutes, is created
127to read:
128     1006.72  Licensing electronic library resources.-
129     (1)  FINDINGS.-The Legislature finds that the most cost
130efficient and effective means of licensing electronic library
131resources requires that Florida colleges and state universities
132collaborate with school districts and public libraries in the
133identification and acquisition of such resources needed by more
134than one sector.
135     (2)  PROCESS TO IDENTIFY RESOURCES.-Library staff from
136Florida colleges, state universities, school districts, and
137public libraries shall implement a process that annually
138identifies the electronic library resources for each of the core
139categories established in this section. To the extent possible,
140the Florida Electronic Library, the Florida Center for Library
141Automation, and the College Center for Library Automation shall
142jointly coordinate this annual process.
143     (3)  STATEWIDE CORE RESOURCES.-For purposes of the Florida
144Electronic Library's licensing of electronic library resources
145with funds allocated by the Federal Government, library
146representatives from public libraries, school districts, Florida
147colleges, and state universities shall identify the statewide
148core resources that will be available to all students, teachers,
149and citizens of the state.
150     (4)  POSTSECONDARY EDUCATION CORE RESOURCES.-For purposes
151of the licensing of electronic library resources required by
152both the Florida Center for Library Automation and the College
153Center for Library Automation from funds appropriated to the
154centers, Florida college and state university library staff
155shall identify the postsecondary education core resources that
156will be available to all postsecondary education students.
157     (5)  FOUR-YEAR DEGREE CORE RESOURCES.-For purposes of the
158licensing of electronic library resources beyond the
159postsecondary education core resources by the Florida Center for
160Library Automation from funds appropriated to the center, state
161university library staff, in consultation with Florida college
162library staff, shall identify the 4-year degree core resources
163that will be available to all 4-year degree seeking students in
164the State University System and the Florida College System. The
165Florida Center for Library Automation shall include in the
166negotiated pricing model any Florida college interested in
167licensing a resource.
168     (6)  TWO-YEAR DEGREE CORE RESOURCES.-For purposes of the
169licensing of electronic library resources beyond the
170postsecondary education core resources by the College Center for
171Library Automation from funds appropriated to the center,
172Florida college library staff shall identify the 2-year degree
173core resources that will be available to all Florida college
174students. The College Center for Library Automation shall
175include in the negotiated pricing model any state university
176interested in licensing a resource.
177     Section 4.  Subsection (1), paragraph (g) of subsection
178(3), and subsection (11) of section 1009.22, Florida Statutes,
179are amended to read:
180     1009.22  Workforce education postsecondary student fees.-
181     (1)(a)  This section applies to students enrolled in
182workforce education programs who are reported for funding,
183except that college credit fees for the community colleges are
184governed by s. 1009.23.
185     (b)  Students shall be classified by school districts and
186community colleges as residents or nonresidents for the purpose
187of assessing tuition in workforce education programs. Resident
188status shall be determined in the same manner as resident status
189for tuition purposes pursuant to s. 1009.21.
190     (3)
191     (g)  The State Board of Education may shall adopt, by rule,
192the definitions and procedures that district school boards and
193community college boards of trustees shall use in the
194calculation of cost borne by students.
195     (11)  Any school district or community college that reports
196students who have not paid fees in an approved manner in
197calculations of full-time equivalent enrollments for state
198funding purposes shall be penalized at a rate equal to 2 times
199the value of such enrollments. Such penalty shall be charged
200against the following year's allocation from workforce education
201funds or the Community College Program Fund and shall revert to
202the General Revenue Fund. The State Board of Education shall
203specify, as necessary in rule, approved methods of student fee
204payment. Such methods must include, but need not be limited to,
205student fee payment; payment through federal, state, or
206institutional financial aid; and employer fee payments.
207     Section 5.  Paragraphs (a), (b), and (e) of subsection (16)
208of section 1009.24, Florida Statutes, are amended to read:
209     1009.24  State university student fees.-
210     (16)  Each university board of trustees may establish a
211tuition differential for undergraduate courses upon receipt of
212approval from the Board of Governors. The tuition differential
213shall promote improvements in the quality of undergraduate
214education and shall provide financial aid to undergraduate
215students who exhibit financial need.
216     (a)  Seventy percent of the revenues from the tuition
217differential shall be expended for purposes of undergraduate
218education. Such expenditures may include, but are not limited
219to, increasing course offerings, improving graduation rates,
220increasing the percentage of undergraduate students who are
221taught by faculty, decreasing student-faculty ratios, providing
222salary increases for faculty who have a history of excellent
223teaching in undergraduate courses, improving the efficiency of
224the delivery of undergraduate education through academic
225advisement and counseling, and reducing the percentage of
226students who graduate with excess hours. This expenditure for
227undergraduate education may not be used to pay the salaries of
228graduate teaching assistants. Except as otherwise provided in
229this subsection, the remaining 30 percent of the revenues from
230the tuition differential, or the equivalent amount of revenue
231from private sources, shall be expended to provide financial aid
232to undergraduate students who exhibit financial need to meet the
233cost of university attendance. This expenditure for need-based
234financial aid shall not supplant the amount of need-based aid
235provided to undergraduate students in the preceding fiscal year
236from financial aid fee revenues, the direct appropriation for
237financial assistance provided to state universities in the
238General Appropriations Act, or from private sources. The total
239amount of tuition differential exempted under subparagraph (b)7.
240and the total amount of tuition differential waived under
241subparagraph (b)9. may be included in calculating the
242expenditures for need-based financial aid to undergraduate
243students required by this subsection.
244     (b)  Each tuition differential is subject to the following
245conditions:
246     1.  The tuition differential may be assessed on one or more
247undergraduate courses or on all undergraduate courses at a state
248university.
249     2.  The tuition differential may vary by course or courses,
250campus or center location, and by institution. Each university
251board of trustees shall strive to maintain and increase
252enrollment in degree programs related to math, science, high
253technology, and other state or regional high-need fields when
254establishing tuition differentials by course.
255     3.  For each state university that has total research and
256development expenditures for all fields of at least $100 million
257per year as reported annually to the National Science
258Foundation, the aggregate sum of tuition and the tuition
259differential may not be increased by more than 15 percent of the
260total charged for the aggregate sum of these fees in the
261preceding fiscal year. For each state university that has total
262research and development expenditures for all fields of less
263than $100 million per year as reported annually to the National
264Science Foundation, the aggregate sum of tuition and the tuition
265differential may not be increased by more than 15 percent of the
266total charged for the aggregate sum of these fees in the
267preceding fiscal year.
268     4.  The aggregate sum of undergraduate tuition and fees per
269credit hour, including the tuition differential, may not exceed
270the national average of undergraduate tuition and fees at 4-year
271degree-granting public postsecondary educational institutions.
272     5.  The tuition differential may not be calculated as a
273part of the scholarship programs established in ss. 1009.53-
2741009.538.
275     6.  Beneficiaries having prepaid tuition contracts pursuant
276to s. 1009.98(2)(b) which were in effect on July 1, 2007, and
277which remain in effect, are exempt from the payment of the
278tuition differential.
279     7.  A student who is awarded a prepaid postsecondary
280tuition scholarship that is purchased, in whole or in part, with
281private sector funds pursuant to s. 1009.984 is exempt from the
282payment of the tuition differential while the scholarship
283remains in effect.
284     8.7.  The tuition differential may not be charged to any
285student who was in attendance at the university before July 1,
2862007, and who maintains continuous enrollment.
287     9.8.  The tuition differential may be waived by the
288university for students who meet the eligibility requirements
289for the Florida public student assistance grant established in
290s. 1009.50.
291     10.9.  Subject to approval by the Board of Governors, the
292tuition differential authorized pursuant to this subsection may
293take effect with the 2009 fall term.
294     (e)  The Board of Governors shall submit a report to the
295President of the Senate, the Speaker of the House of
296Representatives, and the Governor describing the implementation
297of the provisions of this subsection no later than January 1,
2982010, and no later than January 1 each year thereafter. The
299report shall summarize proposals received by the board during
300the preceding fiscal year and actions taken by the board in
301response to such proposals. In addition, the report shall
302provide the following information for each university that has
303been approved by the board to assess a tuition differential:
304     1.  The course or courses for which the tuition
305differential was assessed and the amount assessed.
306     2.  The total revenues generated by the tuition
307differential.
308     3.  With respect to waivers authorized under subparagraph
309(b)9.8., the number of students eligible for a waiver, the
310number of students receiving a waiver, and the value of waivers
311provided.
312     4.  Detailed expenditures of the revenues generated by the
313tuition differential.
314     5.  Changes in retention rates, graduation rates, the
315percentage of students graduating with more than 110 percent of
316the hours required for graduation, pass rates on licensure
317examinations, the number of undergraduate course offerings, the
318percentage of undergraduate students who are taught by faculty,
319student-faculty ratios, and the average salaries of faculty who
320teach undergraduate courses.
321     6.  With respect to the exemption provided under
322subparagraph (b)7., the number of students eligible for the
323exemption and the value of the exemptions provided.
324     Section 6.  Subsection (5) of section 1009.534, Florida
325Statutes, is amended to read:
326     1009.534  Florida Academic Scholars award.-
327     (5)  Notwithstanding subsections (2) and (4), a Florida
328Academic Scholar is eligible for an award equal to the amount
329specified in the General Appropriations Act for the 2010-2011
3302009-2010 academic year. This subsection expires July 1, 2011
3312010.
332     Section 7.  Subsection (4) of section 1009.535, Florida
333Statutes, is amended to read:
334     1009.535  Florida Medallion Scholars award.-
335     (4)  Notwithstanding subsection (2), a Florida Medallion
336Scholar is eligible for an award equal to the amount specified
337in the General Appropriations Act for the 2010-2011 2009-2010
338academic year. This subsection expires July 1, 2011 2010.
339     Section 8.  Subsection (5) of section 1009.536, Florida
340Statutes, is amended to read:
341     1009.536  Florida Gold Seal Vocational Scholars award.-The
342Florida Gold Seal Vocational Scholars award is created within
343the Florida Bright Futures Scholarship Program to recognize and
344reward academic achievement and career preparation by high
345school students who wish to continue their education.
346     (5)  Notwithstanding subsection (2), a Florida Gold Seal
347Vocational Scholar is eligible for an award equal to the amount
348specified in the General Appropriations Act for the 2010-2011
3492009-2010 academic year. This subsection expires July 1, 2011
3502010.
351     Section 9.  Section 1009.984, Florida Statutes, is amended
352to read:
353     1009.984  Florida Prepaid Tuition Scholarship Program.-The
354Florida Prepaid Tuition Scholarship Program is established to
355provide economically disadvantaged youth with prepaid
356postsecondary tuition scholarships. A student who is awarded a
357prepaid postsecondary tuition scholarship that is purchased, in
358whole or in part, with private sector funds under this section
359is exempt from the payment of the tuition differential assessed
360pursuant to s. 1009.24(16) while the scholarship remains in
361effect. The direct-support organization established pursuant to
362s. 1009.983 shall administer the program with the assistance and
363cooperation of the Department of Education to:
364     (1)  Provide an incentive for economically disadvantaged
365youth to improve school attendance and academic performance in
366order to graduate and pursue a postsecondary education.
367     (2)  Obtain the commitment and involvement of private
368sector entities by virtue of funding matches with a ratio of 50
369percent provided by the private sector and 50 percent provided
370by the state.
371     (3)  Purchase prepaid tuition scholarships for students
372certified by the Department of Education to the direct-support
373organization who meet minimum economic and school requirements
374and remain drug free and crime free.
375     (a)  For the purpose of this subsection, "drug free" means
376not being convicted of, or adjudicated delinquent for, any
377violation of chapter 893 after being designated a recipient of a
378Florida prepaid tuition scholarship.
379     (b)  For the purpose of this subsection, "crime free" means
380not being convicted of, or adjudicated delinquent for, any
381felony or first degree misdemeanor as defined in ss. 775.08 and
382775.081 after being designated a recipient of a Florida prepaid
383tuition scholarship.
384     Section 10.  Subsection (2) of section 1010.87, Florida
385Statutes, is amended to read:
386     1010.87  Workers' Compensation Administration Trust Fund
387within the Department of Education.-
388     (2)  Funds appropriated by nonoperating transfer from the
389Workers' Compensation Administration Trust Fund in the
390Department of Financial Services that remain unencumbered as of
391June 30 or undisbursed as of September 30 shall revert to the
392Workers' Compensation Administration Trust Fund in the
393Department of Financial Services. Notwithstanding the provisions
394of s. 216.301 and pursuant to s. 216.351, any balance in the
395trust fund at the end of any fiscal year shall remain in the
396trust fund at the end of the year and shall be available for
397carrying out the purposes of the trust fund.
398     Section 11.  Subsection (8) of section 1011.32, Florida
399Statutes, is amended to read:
400     1011.32  Community College Facility Enhancement Challenge
401Grant Program.-
402     (8)  By October 15 September 1 of each year, the State
403Board of Education shall transmit to the Legislature a list of
404projects which meet all eligibility requirements to participate
405in the Community College Facility Enhancement Challenge Grant
406Program and a budget request which includes the recommended
407schedule necessary to complete each project.
408     Section 12.  Subsection (5) of section 1011.80, Florida
409Statutes, is amended to read:
410     1011.80  Funds for operation of workforce education
411programs.-
412     (5)  State funding and student fees for workforce education
413instruction shall be established as follows:
414     (a)  For a continuing workforce education course, state
415funding shall equal 50 percent of the cost of instruction, with
416student fees, business support, quick-response training funds,
417or other means making up the remaining 50 percent.
418     (b)  For all other workforce education programs, state
419funding shall equal 75 percent of the average cost of
420instruction with the remaining 25 percent made up from student
421fees. Fees for courses within a program shall not vary according
422to the cost of the individual program, but instead shall be
423based on a uniform fee calculated and set at the state level, as
424adopted by the State Board of Education, unless otherwise
425specified in the General Appropriations Act.
426     (c)  For fee-exempt students pursuant to s. 1009.25, unless
427otherwise provided for in law, state funding shall equal 100
428percent of the average cost of instruction.
429     (d)  For a public educational institution that has been
430fully funded by an external agency for direct instructional
431costs of any course or program, the FTE generated shall not be
432reported for state funding.
433
434Students shall be classified by school districts and community
435colleges as residents or nonresidents for the purpose of
436assessing tuition in workforce education programs. Resident
437status shall be determined in the same manner as resident status
438for tuition purposes pursuant to s. 1009.21.
439     Section 13.  Section 1011.83, Florida Statutes, is amended
440to read:
441     1011.83  Financial support of community colleges.-
442     (1)  Each community college that has been approved by the
443Department of Education and meets the requirements of law and
444rules of the State Board of Education shall participate in the
445Community College Program Fund. However, funds to support
446workforce education programs conducted by community colleges
447shall be provided pursuant to s. 1011.80.
448     (2)  Funding for baccalaureate degree programs approved
449pursuant to s. 1007.33 shall be specified in the General
450Appropriations Act. A student in a baccalaureate degree program
451approved pursuant to s. 1007.33 who is not classified as a
452resident for tuition purposes pursuant to s. 1009.21 may not be
453included in calculations of full-time equivalent enrollments for
454state funding purposes.
455     (3)  Funds specifically appropriated by the Legislature for
456baccalaureate degree programs approved pursuant to s. 1007.33
457may be used only for such programs. A community college shall
458fund the nonrecurring costs related to the initiation of a new
459baccalaureate degree program under s. 1007.33 without new state
460appropriations unless special grant funds are appropriated in
461the General Appropriations Act. A new baccalaureate degree
462program may not accept students without a recurring legislative
463appropriation for this purpose.
464     (4)  State funding for baccalaureate degree programs
465approved pursuant to s. 1007.33 shall be as provided in the
466General Appropriations Act.
467     (5)  A community college that grants baccalaureate degrees
468shall maintain reporting and funding distinctions between any
469baccalaureate degree program approved under s. 1007.33 and any
470other baccalaureate degree programs involving traditional
471concurrent-use partnerships.
472     Section 14.  Paragraph (a) of subsection (3) of section
4731011.84, Florida Statutes, is amended, and paragraph (g) is
474added to that subsection, to read:
475     1011.84  Procedure for determining state financial support
476and annual apportionment of state funds to each community
477college district.-The procedure for determining state financial
478support and the annual apportionment to each community college
479district authorized to operate a community college under the
480provisions of s. 1001.61 shall be as follows:
481     (3)  DETERMINING THE APPORTIONMENT FROM STATE FUNDS.-
482     (a)  By December 15 of each year, the Department of
483Education shall estimate the annual enrollment of each community
484college for the current fiscal year and for the 3 6 subsequent
485fiscal years. These estimates shall be based upon prior years'
486enrollments, upon the initial fall term enrollments for the
487current fiscal year for each college, and upon each college's
488estimated current enrollment and demographic changes in the
489respective community college districts. Upper-division
490enrollment shall be estimated separately from lower-division
491enrollment.
492     (g)  Expenditures for upper-division enrollment in a
493community college that grants baccalaureate degrees shall be
494reported separately from expenditures for lower-division
495enrollment, in accordance with law and State Board of Education
496rule.
497     Section 15.  Subsection (8) of section 1013.79, Florida
498Statutes, is amended to read:
499     1013.79  University Facility Enhancement Challenge Grant
500Program.-
501     (8)  By October 15 1 of each year, the Board of Governors
502shall transmit to the Legislature a list of projects that meet
503all eligibility requirements to participate in the Alec P.
504Courtelis University Facility Enhancement Challenge Grant
505Program and a budget request that includes the recommended
506schedule necessary to complete each project.
507     Section 16.  Section 1009.5385, Florida Statutes, is
508repealed.
509     Section 17.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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