September 30, 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; amending s. 440.491,
10F.S.; revising provisions relating to the training and
11education of injured employees; providing that training
12and education services may be secured from additional
13providers under certain circumstances; amending s.
141004.085, F.S.; revising provisions relating to textbook
15affordability and the policies, procedures, and guidelines
16adopted by the State Board of Education and the Board of
17Governors; requiring policies that encourage the use of
18open-access textbooks; amending s. 1004.091, F.S.;
19revising provisions relating to the duties of the Florida
20Distance Learning Consortium; extending the deadline for
21the consortium to develop a plan for implementing an
22online registration process for undergraduate students to
23enroll in a course listed in the Florida Higher Education
24Distance Learning Catalog; requiring the plan to address
25specified policy areas; creating s. 1004.387, F.S.;
26authorizing a doctor of pharmacy degree program at the
27University of South Florida; providing for the program to
28be physically located on the new campus of the University
29of South Florida Polytechnic; authorizing the university
30to develop and implement the program within existing
31facilities until a pharmacy facility is constructed on the
32new campus of the University of South Florida Polytechnic;
33amending s. 1004.65, F.S.; restricting the use of
34resources of a Florida college; amending s. 1006.59, F.S.;
35deleting a provision that prohibits institutions
36participating in the Historically Black College and
37University Library Improvement Program from using funds to
38purchase nonprint media; creating s. 1006.72, F.S.;
39providing requirements for licensing electronic library
40resources; requiring a process to annually identify
41electronic library resources for specified core
42categories; providing requirements for statewide,
43postsecondary education, 4-year degree, and 2-year degree
44core resources; amending s. 1009.21, F.S.; revising
45provisions relating to the determination of resident
46status for tuition purposes to include students in
47postsecondary educational programs offered by charter
48technical career centers or career centers operated by
49school districts; revising a definition to conform to
50changes made by the act; providing requirements for
51recognition of the classification of a student as a
52resident for tuition purposes by an institution of higher
53education to which a student transfers; providing
54requirements of the Higher Education Coordinating Council
55relating to residency determinations; amending s. 1009.22,
56F.S.; revising provisions relating to workforce education
57postsecondary student fees; providing that enrollments in
58continuing workforce education courses may not be counted
59for purposes of funding full-time equivalent enrollment;
60authorizing, rather than requiring, certain rulemaking;
61amending s. 1009.24, F.S.; revising provisions relating to
62state university student fee increases; authorizing each
63state university to exceed the cap on the increase to
64specified fees for the 2010-2011 fiscal year; providing
65restrictions; authorizing certain calculations for
66expenditures for need-based financial aid; amending s.
671009.531, F.S.; revising the renewal period during which a
68student is eligible to receive a Florida Bright Futures
69Scholarship award after high school graduation; requiring
70that the State Board of Education base the eligibility of
71students to receive a Florida Academic Scholars award or a
72Florida Medallion Scholars award on specified SAT scores
73and corresponding 2009 SAT percentile ranks; amending s.
741009.532, F.S.; specifying circumstances under which a
75Florida Bright Futures Scholarship award may be restored
76or renewed despite insufficient grades or credit hours;
77reducing the maximum number of credit hours for which
78students may receive a scholarship award; amending s.
791009.534, F.S., relating to the Florida Academic Scholars
80award; conforming provisions to changes made by the act;
81removing the scheduled expiration of provisions requiring
82that the amount of the award be specified in the General
83Appropriations Act; creating s. 1009.5341, F.S.; providing
84that recipients of a Florida Bright Futures Scholarship
85award may use the unused portion of their award toward
86graduate study; providing certain limitations; amending s.
871009.535, F.S.; revising eligibility criteria for receipt
88of a Florida Medallion Scholars award; conforming
89provisions to changes made by the act; removing the
90scheduled expiration of provisions requiring that the
91amount of the award be specified in the General
92Appropriations Act; amending s. 1009.536, F.S.; reducing
93the maximum number of credit hours that students may earn
94under the Florida Gold Seal Vocational Scholars award;
95removing the scheduled expiration of provisions requiring
96that the amount of the award be specified in the General
97Appropriations Act; repealing s. 1009.537, F.S., relating
98to transition for eligibility for the Florida Bright
99Futures Scholarship Program; repealing s. 1009.5385, F.S.,
100relating to criteria for the use of certain scholarship
101funds by children of deceased or disabled veterans;
102amending s. 1009.72, F.S.; revising provisions relating to
103the Jose Marti Scholarship Challenge Grant Program;
104removing provisions that provide for funds appropriated by
105the Legislature for the program to be deposited into the
106State Student Financial Assistance Trust Fund; requiring
107that funds deposited into such trust fund be invested;
108authorizing the Legislature to appropriate funds from the
109General Revenue Fund; amending s. 1009.73, F.S.; revising
110provisions relating to the Mary McLeod Bethune Scholarship
111Program; removing provisions that provide for funds
112appropriated by the Legislature for the program to be
113deposited into the State Student Financial Assistance
114Trust Fund; requiring that funds deposited into such trust
115fund be invested; authorizing the Legislature to
116appropriate funds from the General Revenue Fund; amending
117s. 1010.87, F.S., relating to the Workers' Compensation
118Administration Trust Fund within the Department of
119Education; providing for the reversion of certain funds;
120amending s. 1011.32, F.S.; revising the date for
121transmittal to the Legislature of information relating to
122the Community College Facility Enhancement Challenge Grant
123Program; amending s. 1011.52, F.S.; revising requirements
124that entitle the first accredited medical school to an
125annual appropriation; amending s. 1011.80, F.S.; revising
126provisions relating to funds for the operation of
127workforce education programs; requiring that expenditures
128for such programs be supported by fees; providing that
129enrollment in continuing workforce education courses may
130not be counted for purposes of funding full-time
131equivalent enrollment; amending s. 1011.83, F.S.; deleting
132certain provisions relating to funds appropriated for
133baccalaureate degree programs conducted by community
134colleges; amending s. 1011.84, F.S.; requiring the
135Department of Education to estimate certain community
136college enrollments separately; reducing the number of
137fiscal years to be covered in each annual estimation;
138requiring a community college that grants baccalaureate
139degrees to report certain expenditures separately;
140creating s. 1012.885, F.S.; providing definitions;
141providing a limitation on the compensation paid to
142community college presidents; providing exceptions;
143amending s. 1013.79, F.S.; revising the date for
144transmittal to the Legislature of information relating to
145the University Facility Enhancement Challenge Grant
146Program; requiring each Florida college and state
147university to strive to reduce its campuswide energy
148consumption by 10 percent; providing methods for this
149reduction; requiring a report to the Governor and
150Legislature; requiring that the Office of Program Policy
151Analysis and Government Accountability conduct a review of
152public school adult workforce education programs and
153community college and state college workforce education
154programs; requiring that the Office of Program Policy
155Analysis and Government Accountability conduct a review of
156postsecondary educational opportunities for individuals
157with developmental disabilities; requiring that the
158results of the reviews be submitted to the Legislature by
159specified dates; providing an appropriation; providing an
160effective date.
161
162Be It Enacted by the Legislature of the State of Florida:
163
164     Section 1.  Section 295.02, Florida Statutes, is amended to
165read:
166     295.02  Use of funds; age, etc.-
167     (1)  Sums appropriated and expended to carry out the
168provisions of s. 295.01(1) may shall be used to pay tuition and
169registration fees, board, and room rent and to buy books and
170supplies for the children of deceased or disabled veterans or
171servicemembers, as defined and limited in s. 295.01, s. 295.016,
172s. 295.017, s. 295.018, s. 295.0185, s. 295.019, or s. 295.0195,
173or of parents classified as prisoners of war or missing in
174action, as defined and limited in s. 295.015, who are between
175the ages of 16 and 22 years and who are in attendance at an
176eligible postsecondary education a state-supported institution
177as defined in s. 295.04 of higher learning, including a
178community college or career center. Any child having entered
179upon a course of training or education under the provisions of
180this chapter, consisting of a course of not more than 4 years,
181and arriving at the age of 22 years before the completion of
182such course may continue the course and receive all benefits of
183the provisions of this chapter until the course is completed.
184     (2)  Sums appropriated and expended to carry out the
185provisions of s. 295.01(2) may shall be used to pay tuition and
186registration fees, board, and room rent and to buy books and
187supplies for the spouses of deceased or disabled veterans or
188servicemembers, as defined and limited in s. 295.01, who are
189enrolled at an eligible postsecondary education a state-
190supported institution as defined in s. 295.04 of higher
191learning, including a community college or career center.
192     (3)  Notwithstanding the benefits-disbursement provision in
193s. 295.04, such funds shall be applicable for up to 110 percent
194of the number of required credit hours of an initial
195baccalaureate degree or certificate program for which the
196student spouse is enrolled.
197     (4)(3)  The Department of Education shall administer this
198educational program subject to regulations of the department.
199     Section 2.  Section 295.04, Florida Statutes, is amended to
200read:
201     295.04  Appropriation; benefits.-
202     (1)  The sum necessary for the purposes of this chapter
203shall be appropriated in the General Appropriations Act for each
204fiscal year, provided that no student shall receive an amount in
205excess of tuition and registration fees.
206     (2)  As used in this section, the term "eligible
207postsecondary education institution" means an institution
208described in s. 1009.533.
209     (3)(a)  A student who is enrolled in a public eligible
210postsecondary education institution is eligible for an award
211equal to the amount required to pay tuition and registration
212fees or the amount specified in the General Appropriations Act.
213     (b)  A student enrolled in a nonpublic eligible
214postsecondary education institution is eligible for an award
215equal to the amount that would be required to pay for the
216average tuition and registration fees of a public postsecondary
217education institution at the comparable level or the amount
218specified in the General Appropriations Act.
219     (4)  Only students in good standing in their respective
220institutions shall receive the benefits under this section
221thereof, and no student shall receive such benefits for more
222than 12 quarters, 8 semesters, or 8 trimesters.
223     Section 3.  Paragraph (a) of subsection (6) of section
224440.491, Florida Statutes, is amended to read:
225     440.491  Reemployment of injured workers; rehabilitation.-
226     (6)  TRAINING AND EDUCATION.-
227     (a)  Upon referral of an injured employee by the carrier,
228or upon the request of an injured employee, the department shall
229conduct a training and education screening to determine whether
230it should refer the employee for a vocational evaluation and, if
231appropriate, approve training and education or other vocational
232services for the employee. The department may not approve formal
233training and education programs unless it determines, after
234consideration of the reemployment assessment, pertinent
235reemployment status reviews or reports, and such other relevant
236factors as it prescribes by rule, that the reemployment plan is
237likely to result in return to suitable gainful employment. The
238department is authorized to expend moneys from the Workers'
239Compensation Administration Trust Fund, established by s.
240440.50, to secure appropriate training and education at a
241Florida public community college as designated in s. 1000.21(3)
242or at a career center established under s. 1001.44, or to secure
243other vocational services when necessary to satisfy the
244recommendation of a vocational evaluator. As used in this
245paragraph, "appropriate training and education" includes
246securing a general education diploma (GED), if necessary. The
247department shall establish training and education standards
248pertaining to employee eligibility, course curricula and
249duration, and associated costs. For purposes of this subsection,
250training and education services may be secured from additional
251providers if:
252     1.  The injured employee currently holds an associate
253degree and requests to earn a bachelor's degree not offered by a
254Florida public college located within 50 miles from his or her
255customary residence;
256     2.  The injured employee's enrollment in an education or
257training program in a Florida public college or career center
258would be significantly delayed; or
259     3.  The most appropriate training and education program is
260available only through a provider other than a Florida public
261college or career center or at a Florida public college or
262career center located more than 50 miles from the injured
263employee's customary residence.
264     Section 4.  Subsection (4) of section 1004.085, Florida
265Statutes, is amended to read:
266     1004.085  Textbook affordability.-
267     (4)  By March 1, 2009, The State Board of Education and the
268Board of Governors each shall adopt policies, procedures, and
269guidelines for implementation by community colleges and state
270universities, respectively, that further efforts to minimize the
271cost of textbooks for students attending such institutions while
272maintaining the quality of education and academic freedom. The
273policies, procedures, and guidelines shall provide for the
274following:
275     (a)  That textbook adoptions are made with sufficient lead
276time to bookstores so as to confirm availability of the
277requested materials and, where possible, ensure maximum
278availability of used books.
279     (b)  That, in the textbook adoption process, the intent to
280use all items ordered, particularly each individual item sold as
281part of a bundled package, is confirmed by the course instructor
282or the academic department offering the course before the
283adoption is finalized.
284     (c)  That a course instructor or the academic department
285offering the course determines, before a textbook is adopted,
286the extent to which a new edition differs significantly and
287substantively from earlier versions and the value of changing to
288a new edition or the extent to which an open-access textbook may
289exist and be used.
290     (d)  That the establishment of policies shall address the
291availability of required textbooks to students otherwise unable
292to afford the cost, including consideration of the extent to
293which an open-access textbook may be used.
294     (e)  That course instructors and academic departments are
295encouraged to participate in the development, adaptation, and
296review of open-access textbooks and, in particular, open-access
297textbooks for high-demand general education courses.
298     Section 5.  Paragraph (b) of subsection (2) of section
2991004.091, Florida Statutes, is amended to read:
300     1004.091  Florida Distance Learning Consortium.-
301     (2)  The Florida Distance Learning Consortium shall:
302     (b)  Develop, in consultation with the Florida College
303System and the State University System, a plan to be submitted
304to the Board of Governors, the State Board of Education, the
305Governor, the President of the Senate, and the Speaker of the
306House of Representatives no later than December March 1, 2010,
307for implementing. The plan must address the implementation of a
308streamlined, automated, online registration process for
309undergraduate students who have been admitted to a public
310postsecondary educational institution and who wish to enroll in
311a course listed in the Florida Higher Education Distance
312Learning Catalog, including courses offered by an institution
313that is not the student's degree-granting or home institution.
314The plan must describe how such a registration process can be
315implemented by the 2011-2012 academic year as an alternative to
316the standard registration process of each institution. The plan
317must also address:
318     1.  Fiscal and substantive policy changes needed to address
319administrative, academic, and programmatic policies and
320procedures. Policy areas that the plan must address include, but
321need not be limited to, student financial aid issues, variations
322in fees, admission and readmission, registration-prioritization
323issues, transfer of credit, and graduation requirements, with
324specific attention given to creating recommended guidelines that
325address students who attend more than one institution in pursuit
326of a degree.
327     2.  A method for the expedited transfer of distance
328learning course credit awarded by an institution offering a
329distance learning course to a student's degree-granting or home
330institution upon the student's successful completion of the
331distance learning course.
332     3.  Compliance with applicable technology security
333standards and guidelines to ensure the secure transmission of
334student information.
335     Section 6.  Section 1004.387, Florida Statutes, is created
336to read:
337     1004.387  Doctor of pharmacy degree program at the
338University of South Florida.-A doctor of pharmacy degree program
339is authorized at the University of South Florida. The program
340shall be physically located on the new campus of the University
341of South Florida Polytechnic. The university is authorized to
342develop and implement the program within existing facilities
343only until the construction of a pharmacy facility on the new
344campus of the University of South Florida Polytechnic is
345completed, which shall house the doctor of pharmacy degree
346program.
347     Section 7.  Paragraph (c) is added to subsection (7) of
348section 1004.65, Florida Statutes, to read:
349     1004.65  Florida colleges; governance, mission, and
350responsibilities.-
351     (7)  Funding for Florida colleges shall reflect their
352mission as follows:
353     (c)  The resources of a Florida college, including staff,
354faculty, land, and facilities, shall not be used to support the
355establishment of a new independent nonpublic educational
356institution. If any institution uses resources for such purpose,
357the Division of Florida Colleges shall notify the President of
358the Senate and the Speaker of the House of Representatives.
359     Section 8.  Paragraph (a) of subsection (3) of section
3601006.59, Florida Statutes, is amended to read:
361     1006.59  The Historically Black College and University
362Library Improvement Program.-
363     (3)  Each institution shall submit to the State Board of
364Education a plan for enhancing its library through the following
365activities:
366     (a)  Each institution shall increase the number of volumes
367by purchasing replacement books and new titles. Funds shall not
368be used to purchase periodicals or nonprint media. The goal of
369these purchases is to meet the needs of students and faculty in
370disciplines that have recently been added to the curriculum, in
371traditional academic fields that have been expanded, or in
372academic fields in which rapid changes in technology result in
373accelerated obsolescence of related library holdings.
374     Section 9.  Section 1006.72, Florida Statutes, is created
375to read:
376     1006.72  Licensing electronic library resources.-
377     (1)  FINDINGS.-The Legislature finds that the most cost-
378efficient and cost-effective means of licensing electronic
379library resources requires that Florida colleges and state
380universities collaborate with school districts and public
381libraries in the identification and acquisition of such
382resources needed by more than one sector.
383     (2)  PROCESS TO IDENTIFY RESOURCES.-Library staff from
384Florida colleges, state universities, school districts, and
385public libraries shall implement a process that annually
386identifies the electronic library resources for each of the core
387categories established in this section. To the extent possible,
388the Florida Center for Library Automation, the College Center
389for Library Automation, and the Division of Library and
390Information Services within the Department of State shall
391jointly coordinate this annual process.
392     (3)  STATEWIDE CORE RESOURCES.-For purposes of licensing
393electronic library resources of the Florida Electronic Library,
394library representatives from public libraries, school districts,
395Florida colleges, and state universities shall identify the
396statewide core resources that will be available to all students,
397teachers, and citizens of the state.
398     (4)  POSTSECONDARY EDUCATION CORE RESOURCES.-For purposes
399of licensing electronic library resources required by both the
400Florida Center for Library Automation and the College Center for
401Library Automation from funds appropriated to the centers,
402Florida college and state university library staff shall
403identify the postsecondary education core resources that will be
404available to all public postsecondary education students.
405     (5)  FOUR-YEAR DEGREE CORE RESOURCES.-For purposes of
406licensing electronic library resources beyond the postsecondary
407education core resources by the Florida Center for Library
408Automation from funds appropriated to the center, state
409university library staff, in consultation with Florida college
410library staff, shall identify the 4-year degree core resources
411that will be available to all 4-year degree-seeking students in
412the State University System and the Florida College System. The
413Florida Center for Library Automation shall include in the
414negotiated pricing model any Florida college interested in
415licensing a resource.
416     (6)  TWO-YEAR DEGREE CORE RESOURCES.-For purposes of
417licensing electronic library resources beyond the postsecondary
418education core resources by the College Center for Library
419Automation from funds appropriated to the center, Florida
420college library staff shall identify the 2-year degree core
421resources that will be available to all Florida college
422students. The College Center for Library Automation shall
423include in the negotiated pricing model any state university
424interested in licensing a resource.
425     Section 10.  Section 1009.21, Florida Statutes, is amended
426to read:
427     1009.21  Determination of resident status for tuition
428purposes.-Students shall be classified as residents or
429nonresidents for the purpose of assessing tuition in
430postsecondary educational programs offered by charter technical
431career centers or career centers operated by school districts,
432in community colleges, and in state universities.
433     (1)  As used in this section, the term:
434     (a)  "Dependent child" means any person, whether or not
435living with his or her parent, who is eligible to be claimed by
436his or her parent as a dependent under the federal income tax
437code.
438     (b)  "Initial enrollment" means the first day of class at
439an institution of higher education.
440     (c)  "Institution of higher education" means any charter
441technical career center as defined in s. 1002.34, career center
442operated by a school district as defined in s. 1001.44,
443community college as defined in s. 1000.21(3), or state
444university as defined in s. 1000.21(6).
445     (d)  "Legal resident" or "resident" means a person who has
446maintained his or her residence in this state for the preceding
447year, has purchased a home which is occupied by him or her as
448his or her residence, or has established a domicile in this
449state pursuant to s. 222.17.
450     (e)  "Nonresident for tuition purposes" means a person who
451does not qualify for the in-state tuition rate.
452     (f)  "Parent" means the natural or adoptive parent or legal
453guardian of a dependent child.
454     (g)  "Resident for tuition purposes" means a person who
455qualifies as provided in this section for the in-state tuition
456rate.
457     (2)(a)  To qualify as a resident for tuition purposes:
458     1.  A person or, if that person is a dependent child, his
459or her parent or parents must have established legal residence
460in this state and must have maintained legal residence in this
461state for at least 12 consecutive months immediately prior to
462his or her initial enrollment in an institution of higher
463education.
464     2.  Every applicant for admission to an institution of
465higher education shall be required to make a statement as to his
466or her length of residence in the state and, further, shall
467establish that his or her presence or, if the applicant is a
468dependent child, the presence of his or her parent or parents in
469the state currently is, and during the requisite 12-month
470qualifying period was, for the purpose of maintaining a bona
471fide domicile, rather than for the purpose of maintaining a mere
472temporary residence or abode incident to enrollment in an
473institution of higher education.
474     (b)  However, with respect to a dependent child living with
475an adult relative other than the child's parent, such child may
476qualify as a resident for tuition purposes if the adult relative
477is a legal resident who has maintained legal residence in this
478state for at least 12 consecutive months immediately prior to
479the child's initial enrollment in an institution of higher
480education, provided the child has resided continuously with such
481relative for the 5 years immediately prior to the child's
482initial enrollment in an institution of higher education, during
483which time the adult relative has exercised day-to-day care,
484supervision, and control of the child.
485     (c)  The legal residence of a dependent child whose parents
486are divorced, separated, or otherwise living apart will be
487deemed to be this state if either parent is a legal resident of
488this state, regardless of which parent is entitled to claim, and
489does in fact claim, the minor as a dependent pursuant to federal
490individual income tax provisions.
491     (3)(a)  An individual shall not be classified as a resident
492for tuition purposes and, thus, shall not be eligible to receive
493the in-state tuition rate until he or she has provided such
494evidence related to legal residence and its duration or, if that
495individual is a dependent child, evidence of his or her parent's
496legal residence and its duration, as may be required by law and
497by officials of the institution of higher education from which
498he or she seeks the in-state tuition rate.
499     (b)  Except as otherwise provided in this section, evidence
500of legal residence and its duration shall include clear and
501convincing documentation that residency in this state was for a
502minimum of 12 consecutive months prior to a student's initial
503enrollment in an institution of higher education.
504     (c)  Each institution of higher education shall
505affirmatively determine that an applicant who has been granted
506admission to that institution as a Florida resident meets the
507residency requirements of this section at the time of initial
508enrollment. The residency determination must be documented by
509the submission of written or electronic verification that
510includes two or more of the documents identified in this
511paragraph. No single piece of evidence shall be conclusive.
512     1.  The documents must include at least one of the
513following:
514     a.  A Florida voter's registration card.
515     b.  A Florida driver's license.
516     c.  A State of Florida identification card.
517     d.  A Florida vehicle registration.
518     e.  Proof of a permanent home in Florida which is occupied
519as a primary residence by the individual or by the individual's
520parent if the individual is a dependent child.
521     f.  Proof of a homestead exemption in Florida.
522     g.  Transcripts from a Florida high school for multiple
523years if the Florida high school diploma or GED was earned
524within the last 12 months.
525     h.  Proof of permanent full-time employment in Florida for
526at least 30 hours per week for a 12-month period.
527     2.  The documents may include one or more of the following:
528     a.  A declaration of domicile in Florida.
529     b.  A Florida professional or occupational license.
530     c.  Florida incorporation.
531     d.  A document evidencing family ties in Florida.
532     e.  Proof of membership in a Florida-based charitable or
533professional organization.
534     f.  Any other documentation that supports the student's
535request for resident status, including, but not limited to,
536utility bills and proof of 12 consecutive months of payments; a
537lease agreement and proof of 12 consecutive months of payments;
538or an official state, federal, or court document evidencing
539legal ties to Florida.
540     (4)  With respect to a dependent child, the legal residence
541of the dependent child's parent or parents is prima facie
542evidence of the dependent child's legal residence, which
543evidence may be reinforced or rebutted, relative to the age and
544general circumstances of the dependent child, by the other
545evidence of legal residence required of or presented by the
546dependent child. However, the legal residence of a dependent
547child's parent or parents who are domiciled outside this state
548is not prima facie evidence of the dependent child's legal
549residence if that dependent child has lived in this state for 5
550consecutive years prior to enrolling or reregistering at the
551institution of higher education at which resident status for
552tuition purposes is sought.
553     (5)  In making a domiciliary determination related to the
554classification of a person as a resident or nonresident for
555tuition purposes, the domicile of a married person, irrespective
556of sex, shall be determined, as in the case of an unmarried
557person, by reference to all relevant evidence of domiciliary
558intent. For the purposes of this section:
559     (a)  A person shall not be precluded from establishing or
560maintaining legal residence in this state and subsequently
561qualifying or continuing to qualify as a resident for tuition
562purposes solely by reason of marriage to a person domiciled
563outside this state, even when that person's spouse continues to
564be domiciled outside of this state, provided such person
565maintains his or her legal residence in this state.
566     (b)  A person shall not be deemed to have established or
567maintained a legal residence in this state and subsequently to
568have qualified or continued to qualify as a resident for tuition
569purposes solely by reason of marriage to a person domiciled in
570this state.
571     (c)  In determining the domicile of a married person,
572irrespective of sex, the fact of the marriage and the place of
573domicile of such person's spouse shall be deemed relevant
574evidence to be considered in ascertaining domiciliary intent.
575     (6)(a)  Except as otherwise provided in this section, a
576person who is classified as a nonresident for tuition purposes
577may become eligible for reclassification as a resident for
578tuition purposes if that person or, if that person is a
579dependent child, his or her parent presents clear and convincing
580documentation that supports permanent legal residency in this
581state for at least 12 consecutive months rather than temporary
582residency for the purpose of pursuing an education, such as
583documentation of full-time permanent employment for the prior 12
584months or the purchase of a home in this state and residence
585therein for the prior 12 months while not enrolled in an
586institution of higher education.
587     (b)  If a person who is a dependent child and his or her
588parent move to this state while such child is a high school
589student and the child graduates from a high school in this
590state, the child may become eligible for reclassification as a
591resident for tuition purposes when the parent submits evidence
592that the parent qualifies for permanent residency.
593     (c)  If a person who is a dependent child and his or her
594parent move to this state after such child graduates from high
595school, the child may become eligible for reclassification as a
596resident for tuition purposes after the parent submits evidence
597that he or she has established legal residence in the state and
598has maintained legal residence in the state for at least 12
599consecutive months.
600     (d)  A person who is classified as a nonresident for
601tuition purposes and who marries a legal resident of the state
602or marries a person who becomes a legal resident of the state
603may, upon becoming a legal resident of the state, become
604eligible for reclassification as a resident for tuition purposes
605upon submitting evidence of his or her own legal residency in
606the state, evidence of his or her marriage to a person who is a
607legal resident of the state, and evidence of the spouse's legal
608residence in the state for at least 12 consecutive months
609immediately preceding the application for reclassification.
610     (7)  A person shall not lose his or her resident status for
611tuition purposes solely by reason of serving, or, if such person
612is a dependent child, by reason of his or her parent's or
613parents' serving, in the Armed Forces outside this state.
614     (8)  A person who has been properly classified as a
615resident for tuition purposes but who, while enrolled in an
616institution of higher education in this state, loses his or her
617resident tuition status because the person or, if he or she is a
618dependent child, the person's parent or parents establish
619domicile or legal residence elsewhere shall continue to enjoy
620the in-state tuition rate for a statutory grace period, which
621period shall be measured from the date on which the
622circumstances arose that culminated in the loss of resident
623tuition status and shall continue for 12 months. However, if the
62412-month grace period ends during a semester or academic term
625for which such former resident is enrolled, such grace period
626shall be extended to the end of that semester or academic term.
627     (9)  Any person who ceases to be enrolled at or who
628graduates from an institution of higher education while
629classified as a resident for tuition purposes and who
630subsequently abandons his or her domicile in this state shall be
631permitted to reenroll at an institution of higher education in
632this state as a resident for tuition purposes without the
633necessity of meeting the 12-month durational requirement of this
634section if that person has reestablished his or her domicile in
635this state within 12 months of such abandonment and continuously
636maintains the reestablished domicile during the period of
637enrollment. The benefit of this subsection shall not be accorded
638more than once to any one person.
639     (10)  The following persons shall be classified as
640residents for tuition purposes:
641     (a)  Active duty members of the Armed Services of the
642United States residing or stationed in this state, their
643spouses, and dependent children, and active drilling members of
644the Florida National Guard.
645     (b)  Active duty members of the Armed Services of the
646United States and their spouses and dependents attending a
647public community college or state university within 50 miles of
648the military establishment where they are stationed, if such
649military establishment is within a county contiguous to Florida.
650     (c)  United States citizens living on the Isthmus of
651Panama, who have completed 12 consecutive months of college work
652at the Florida State University Panama Canal Branch, and their
653spouses and dependent children.
654     (d)  Full-time instructional and administrative personnel
655employed by state public schools and institutions of higher
656education and their spouses and dependent children.
657     (e)  Students from Latin America and the Caribbean who
658receive scholarships from the federal or state government. Any
659student classified pursuant to this paragraph shall attend, on a
660full-time basis, a Florida institution of higher education.
661     (f)  Southern Regional Education Board's Academic Common
662Market graduate students attending Florida's state universities.
663     (g)  Full-time employees of state agencies or political
664subdivisions of the state when the student fees are paid by the
665state agency or political subdivision for the purpose of job-
666related law enforcement or corrections training.
667     (h)  McKnight Doctoral Fellows and Finalists who are United
668States citizens.
669     (i)  United States citizens living outside the United
670States who are teaching at a Department of Defense Dependent
671School or in an American International School and who enroll in
672a graduate level education program which leads to a Florida
673teaching certificate.
674     (j)  Active duty members of the Canadian military residing
675or stationed in this state under the North American Air Defense
676(NORAD) agreement, and their spouses and dependent children,
677attending a community college or state university within 50
678miles of the military establishment where they are stationed.
679     (k)  Active duty members of a foreign nation's military who
680are serving as liaison officers and are residing or stationed in
681this state, and their spouses and dependent children, attending
682a community college or state university within 50 miles of the
683military establishment where the foreign liaison officer is
684stationed.
685     (11)  Once a student has been classified as a resident for
686tuition purposes, an institution of higher education to which
687the student transfers is not required to reevaluate the
688classification unless inconsistent information suggests that an
689erroneous classification was made or the student's situation has
690changed. However, the student must have attended the institution
691making the initial classification within the prior 12 months and
692the residency classification must be noted on the student's
693transcript. The Higher Education Coordinating Council shall
694consider issues related to residency determinations and make
695recommendations relating to efficiency and effectiveness of
696current law.
697     (12)(11)  Each institution of higher education shall
698establish a residency appeal committee comprised of at least
699three members to consider student appeals of residency
700determinations, in accordance with the institution's official
701appeal process. The residency appeal committee must render to
702the student the final residency determination in writing. The
703institution must advise the student of the reasons for the
704determination.
705     (13)(12)  The State Board of Education and the Board of
706Governors shall adopt rules to implement this section.
707     Section 11.  Paragraphs (b) and (g) of subsection (3) and
708subsection (11) of section 1009.22, Florida Statutes, are
709amended to read:
710     1009.22  Workforce education postsecondary student fees.-
711     (3)
712     (b)  Fees for continuing workforce education shall be
713locally determined by the district school board or community
714college board. However, at least 50 percent of the Expenditures
715for the continuing workforce education program provided by the
716community college or school district must be fully supported by
717derived from fees. Enrollments in continuing workforce education
718courses may not be counted for purposes of funding full-time
719equivalent enrollment.
720     (g)  The State Board of Education may shall adopt, by rule,
721the definitions and procedures that district school boards and
722community college boards of trustees shall use in the
723calculation of cost borne by students.
724     (11)  Any school district or community college that reports
725students who have not paid fees in an approved manner in
726calculations of full-time equivalent enrollments for state
727funding purposes shall be penalized at a rate equal to 2 times
728the value of such enrollments. Such penalty shall be charged
729against the following year's allocation from workforce education
730funds or the Community College Program Fund and shall revert to
731the General Revenue Fund. The State Board of Education shall
732specify, as necessary in rule, approved methods of student fee
733payment. Such methods must include, but need not be limited to,
734student fee payment; payment through federal, state, or
735institutional financial aid; and employer fee payments.
736     Section 12.  Paragraph (d) of subsection (4) and paragraph
737(a) of subsection (16) of section 1009.24, Florida Statutes, are
738amended to read:
739     1009.24  State university student fees.-
740     (4)
741     (d)  The sum of the activity and service, health, and
742athletic fees a student is required to pay to register for a
743course shall not exceed 40 percent of the tuition established in
744law or in the General Appropriations Act. No university shall be
745required to lower any fee in effect on the effective date of
746this act in order to comply with this subsection. Within the 40
747percent cap, universities may not increase the aggregate sum of
748activity and service, health, and athletic fees more than 5
749percent per year, or the same percentage increase in tuition
750authorized under paragraph (b), whichever is greater, unless
751specifically authorized in law or in the General Appropriations
752Act. A university may increase its athletic fee to defray the
753costs associated with changing National Collegiate Athletic
754Association divisions. Any such increase in the athletic fee may
755exceed both the 40 percent cap and the 5 percent cap imposed by
756this subsection. Any such increase must be approved by the
757athletic fee committee in the process outlined in subsection
758(12) and cannot exceed $2 per credit hour. Notwithstanding the
759provisions of ss. 1009.534, 1009.535, and 1009.536, that portion
760of any increase in an athletic fee pursuant to this subsection
761that causes the sum of the activity and service, health, and
762athletic fees to exceed the 40 percent cap or the annual
763increase in such fees to exceed the 5 percent cap shall not be
764included in calculating the amount a student receives for a
765Florida Academic Scholars award, a Florida Medallion Scholars
766award, or a Florida Gold Seal Vocational Scholars award.
767Notwithstanding this paragraph and subject to approval by the
768board of trustees, each state university is authorized to exceed
769the 5-percent cap on the annual increase to the aggregate sum of
770activity and service, health, and athletic fees for the 2010-
7712011 fiscal year. Any such increase shall not exceed 15 percent
772or the amount required to reach the 2009-2010 fiscal year
773statewide average for the aggregate sum of activity and service,
774health, and athletic fees at the main campuses, whichever is
775greater. The aggregate sum of the activity and service, health,
776and athletic fees shall not exceed 40 percent of tuition. Any
777increase in the activity and service fee, health fee, or
778athletic fee must be approved by the appropriate fee committee
779pursuant to subsection (10), subsection (11), or subsection
780(12).
781     (16)  Each university board of trustees may establish a
782tuition differential for undergraduate courses upon receipt of
783approval from the Board of Governors. The tuition differential
784shall promote improvements in the quality of undergraduate
785education and shall provide financial aid to undergraduate
786students who exhibit financial need.
787     (a)  Seventy percent of the revenues from the tuition
788differential shall be expended for purposes of undergraduate
789education. Such expenditures may include, but are not limited
790to, increasing course offerings, improving graduation rates,
791increasing the percentage of undergraduate students who are
792taught by faculty, decreasing student-faculty ratios, providing
793salary increases for faculty who have a history of excellent
794teaching in undergraduate courses, improving the efficiency of
795the delivery of undergraduate education through academic
796advisement and counseling, and reducing the percentage of
797students who graduate with excess hours. This expenditure for
798undergraduate education may not be used to pay the salaries of
799graduate teaching assistants. Except as otherwise provided in
800this subsection, the remaining 30 percent of the revenues from
801the tuition differential, or the equivalent amount of revenue
802from private sources, shall be expended to provide financial aid
803to undergraduate students who exhibit financial need, including
804students who are scholarship recipients under s. 1009.984, to
805meet the cost of university attendance. This expenditure for
806need-based financial aid shall not supplant the amount of need-
807based aid provided to undergraduate students in the preceding
808fiscal year from financial aid fee revenues, the direct
809appropriation for financial assistance provided to state
810universities in the General Appropriations Act, or from private
811sources. The total amount of tuition differential waived under
812subparagraph (b)8. may be included in calculating the
813expenditures for need-based financial aid to undergraduate
814students required by this subsection.
815     Section 13.  Subsection (2) of section 1009.531, Florida
816Statutes, is amended, and subsection (6) is added to that
817section, to read:
818     1009.531  Florida Bright Futures Scholarship Program;
819student eligibility requirements for initial awards.-
820     (2)(a)  For students graduating from high school prior to
821the 2010-2011 academic year, a student is eligible to accept an
822initial award for 3 years following high school graduation and
823to accept a renewal award for 7 years following high school
824graduation. A student who applies for an award by high school
825graduation and who meets all other eligibility requirements, but
826who does not accept his or her award, may reapply during
827subsequent application periods up to 3 years after high school
828graduation. For a student who enlists in the United States Armed
829Forces immediately after completion of high school, the 3-year
830eligibility period for his or her initial award shall begin upon
831the date of separation from active duty. For a student who is
832receiving a Florida Bright Futures Scholarship and discontinues
833his or her education to enlist in the United States Armed
834Forces, the remainder of his or her 7-year renewal period shall
835commence upon the date of separation from active duty.
836     (b)  For students graduating from high school in the 2010-
8372011 academic year and thereafter, a student is eligible to
838accept an initial award for 3 years following high school
839graduation and to accept a renewal award for 5 years following
840high school graduation. A student who applies for an award by
841high school graduation and who meets all other eligibility
842requirements, but who does not accept his or her award, may
843reapply during subsequent application periods up to 3 years
844after high school graduation. For a student who enlists in the
845United States Armed Forces immediately after completion of high
846school, the 3-year eligibility period for his or her initial
847award and the 5-year renewal period shall begin upon the date of
848separation from active duty. For a student who is receiving a
849Florida Bright Futures Scholarship award and discontinues his or
850her education to enlist in the United States Armed Forces, the
851remainder of his or her 5-year renewal period shall commence
852upon the date of separation from active duty. If a course of
853study is not completed after 5 academic years, an exception of 1
854year to the renewal timeframe may be granted due to a verifiable
855illness or other documented emergency pursuant to s.
8561009.40(1)(b)4.
857     (6)(a)  The State Board of Education shall publicize the
858examination score required for a student to be eligible for a
859Florida Academic Scholars award, pursuant to s. 1009.534(1)(a)
860or (b), as follows:
861     1.  For high school students graduating in the 2010-2011
862and 2011-2012 academic years, the student must earn an SAT score
863of 1270 or a concordant ACT score of 28.
864     2.  For high school students graduating in the 2012-2013
865academic year, the student must earn an SAT score of 1280 which
866corresponds to the 88th SAT percentile rank or a concordant ACT
867score of 28.
868     3.  For high school students graduating in the 2013-2014
869academic year and thereafter, the student must earn an SAT score
870of 1290 which corresponds to the 89th SAT percentile rank or a
871concordant ACT score of 29.
872     (b)  The State Board of Education shall publicize the
873examination score required for a student to be eligible for a
874Florida Medallion Scholars award, pursuant to s. 1009.535(1)(a)
875or (b), as follows:
876     1.  For high school students graduating in the 2010-2011
877academic year, the student must earn an SAT score of 970 or a
878concordant ACT score of 20 or the student in a home education
879program whose parent cannot document a college-preparatory
880curriculum must earn an SAT score of 1070 or a concordant ACT
881score of 23.
882     2.  For high school students graduating in the 2011-2012
883academic year, the student must earn an SAT score of 980 which
884corresponds to the 44th SAT percentile rank or a concordant ACT
885score of 21 or the student in a home education program whose
886parent cannot document a college-preparatory curriculum must
887earn an SAT score of 1070 or a concordant ACT score of 23.
888     3.  For high school students graduating in the 2012-2013
889academic year, the student must earn an SAT score of 1020 which
890corresponds to the 50th SAT percentile rank or a concordant ACT
891score of 22 or the student in a home education program whose
892parent cannot document a college-preparatory curriculum must
893earn an SAT score of 1070 or a concordant ACT score of 23.
894     4.  For high school students graduating in the 2013-2014
895academic year and thereafter, the student must earn an SAT score
896of 1050 which corresponds to the 56th SAT percentile rank or a
897concordant ACT score of 23 or the student in a home education
898program whose parent cannot document a college-preparatory
899curriculum must earn an SAT score of 1100 or a concordant ACT
900score of 24.
901     (c)  The SAT percentile ranks and corresponding SAT scores
902specified in paragraphs (a) and (b) are based on the SAT
903percentile ranks for 2009 college-bound seniors in critical
904reading and mathematics as reported by the College Board. The
905next highest SAT score is used when the percentile ranks do not
906directly correspond.
907     Section 14.  Section 1009.532, Florida Statutes, is amended
908to read:
909     1009.532  Florida Bright Futures Scholarship Program;
910student eligibility requirements for renewal awards.-
911     (1)  To be eligible to renew a scholarship from any of the
912three types of scholarships under the Florida Bright Futures
913Scholarship Program, a student must:
914     (a)  Effective for students funded in the 2009-2010
915academic year and thereafter, earn at least 24 semester credit
916hours or the equivalent in the last academic year in which the
917student earned a scholarship if the student was enrolled full
918time, or a prorated number of credit hours as determined by the
919Department of Education if the student was enrolled less than
920full time for any part of the academic year. For students
921initially eligible prior to the 2010-2011 academic term, if a
922student fails to earn the minimum number of hours required to
923renew the scholarship, the student shall lose his or her
924eligibility for renewal for a period equivalent to 1 academic
925year. Such student is eligible to restore the award the
926following academic year if the student earns the hours for which
927he or she was enrolled at the level defined by the department
928and meets the grade point average for renewal. A student is
929eligible for such restoration one time. The department shall
930notify eligible recipients of the provisions of this paragraph.
931Each institution shall notify award recipients of the provisions
932of this paragraph during the registration process.
933     (b)  Maintain the cumulative grade point average required
934by the scholarship program, except that:
935     1.  If a recipient's grades fall beneath the average
936required to renew a Florida Academic Scholarship, but are
937sufficient to renew a Florida Medallion Scholarship or a Florida
938Gold Seal Vocational Scholarship, the Department of Education
939may grant a renewal from one of those other scholarship
940programs, if the student meets the renewal eligibility
941requirements;
942     2.  For students initially eligible prior to the 2010-2011
943academic term, if, at any time during the eligibility period, a
944student's grades are insufficient to renew the scholarship, the
945student may restore eligibility by improving the grade point
946average to the required level. A student is eligible for such a
947restoration one time. The Legislature encourages education
948institutions to assist students to calculate whether or not it
949is possible to raise the grade point average during the summer
950term. If the institution determines that it is possible, the
951education institution may so inform the department, which may
952reserve the student's award if funds are available. The renewal,
953however, must not be granted until the student achieves the
954required cumulative grade point average. If the summer term is
955not sufficient to raise the grade point average to the required
956renewal level, the student's next opportunity for renewal is the
957fall semester of the following academic year; or
958     3.  For students initially eligible in the 2010-2011
959academic term and thereafter, if at any time during a student's
960first academic year the student's grades are insufficient to
961renew the scholarship, the student may restore eligibility by
962improving the grade point average to the required level. A
963student is eligible for such a restoration one time. The
964Legislature encourages education institutions to assist students
965to calculate whether or not it is possible to raise the grade
966point average during the summer term. If the education
967institution determines that it is possible, the institution may
968so inform the department, which may reserve the student's award
969if funds are available. The renewal, however, must not be
970granted until the student achieves the required cumulative grade
971point average. If the summer term is not sufficient to raise the
972grade point average to the required renewal level, the student's
973next opportunity for renewal is the fall semester of the
974following academic year. If a student is receiving a Florida
975Bright Futures Scholarship, is a servicemember of the Florida
976National Guard or United States Reserves while attending a
977postsecondary institution, is called to active duty or state
978active duty, as defined in s. 250.01, prior to completing his or
979her degree, and meets all other requirements for the
980scholarship, the student shall be eligible to continue the
981scholarship for 2 years after completing active duty or state
982active duty.
983     (c)  Reimburse or make satisfactory arrangements to
984reimburse the institution for the award amount received for
985courses dropped after the end of the drop and add period or
986courses from which the student withdraws after the end of the
987drop and add period unless the student has received an exception
988pursuant to s. 1009.53(11).
989     (2)  For students initially eligible in the 2010-2011
990academic term and thereafter, and unless otherwise provided in
991this section, if a student does not meet the requirements for
992renewal of a scholarship because of lack of completion of
993sufficient credit hours or insufficient grades, the scholarship
994shall be renewed only if the student failed to complete
995sufficient credit hours or to meet sufficient grade requirements
996due to verifiable illness or other documented emergency, in
997which case the student may be granted an exception from academic
998requirements pursuant to s. 1009.40(1)(b)4.
999     (3)(2)  A student who is initially eligible prior to the
10002010-2011 academic year and is enrolled in a program that
1001terminates in an associate degree or a baccalaureate degree may
1002receive an award for a maximum of 110 percent of the number of
1003credit hours required to complete the program. A student who is
1004enrolled in a program that terminates in a career certificate
1005may receive an award for a maximum of 110 percent of the credit
1006hours or clock hours required to complete the program up to 90
1007credit hours. For a student who is initially eligible in the
10082010-2011 academic term and thereafter, the student may receive
1009an award for a maximum of 100 percent of the number of credit
1010hours required to complete an associate degree program or a
1011baccalaureate degree program, or the student may receive an
1012award for a maximum of 100 percent of the credit hours or clock
1013hours required to complete up to 90 credit hours of a program
1014that terminates in a career certificate. A student who transfers
1015from one of these program levels to another becomes eligible for
1016the higher of the two credit hour limits.
1017     Section 15.  Subsections (1) and (5) of section 1009.534,
1018Florida Statutes, are amended to read:
1019     1009.534  Florida Academic Scholars award.-
1020     (1)  A student is eligible for a Florida Academic Scholars
1021award if the student meets the general eligibility requirements
1022for the Florida Bright Futures Scholarship Program and the
1023student:
1024     (a)  Has achieved a 3.5 weighted grade point average as
1025calculated pursuant to s. 1009.531, or its equivalent, in high
1026school courses that are designated by the State Board of
1027Education as college-preparatory academic courses; and has
1028attained at least the score pursuant to s. 1009.531(6)(a)
1029identified by rules of the State Board of Education on the
1030combined verbal and quantitative parts of the Scholastic
1031Aptitude Test, the Scholastic Assessment Test, or the recentered
1032Scholastic Assessment Test of the College Entrance Examination,
1033or an equivalent score on the ACT Assessment Program; or
1034     (b)  Has attended a home education program according to s.
10351002.41 during grades 11 and 12 or has completed the
1036International Baccalaureate curriculum but failed to earn the
1037International Baccalaureate Diploma or has completed the
1038Advanced International Certificate of Education curriculum but
1039failed to earn the Advanced International Certificate of
1040Education Diploma, and has attained at least the score pursuant
1041to s. 1009.531(6)(a) identified by rules of the State Board of
1042Education on the combined verbal and quantitative parts of the
1043Scholastic Aptitude Test, the Scholastic Assessment Test, or the
1044recentered Scholastic Assessment Test of the College Entrance
1045Examination, or an equivalent score on the ACT Assessment
1046Program; or
1047     (c)  Has been awarded an International Baccalaureate
1048Diploma from the International Baccalaureate Office or an
1049Advanced International Certificate of Education Diploma from the
1050University of Cambridge International Examinations Office; or
1051     (d)  Has been recognized by the merit or achievement
1052programs of the National Merit Scholarship Corporation as a
1053scholar or finalist; or
1054     (e)  Has been recognized by the National Hispanic
1055Recognition Program as a scholar recipient. A student must
1056complete a program of community service work, as approved by the
1057district school board or the administrators of a nonpublic
1058school, which shall include a minimum of 75 hours of service
1059work and require the student to identify a social problem that
1060interests him or her, develop a plan for his or her personal
1061involvement in addressing the problem, and, through papers or
1062other presentations, evaluate and reflect upon his or her
1063experience.
1064     (5)  Notwithstanding subsections (2) and (4), a Florida
1065Academic Scholar is eligible for an award equal to the amount
1066specified in the General Appropriations Act for the 2009-2010
1067academic year. This subsection expires July 1, 2010.
1068     Section 16.  Section 1009.5341, Florida Statutes, is
1069created to read:
1070     1009.5341  Florida Bright Futures Scholarship awards for
1071graduate study.-Florida Bright Futures Scholarship recipients
1072who graduate in the 2010-2011 academic year and thereafter with
1073a baccalaureate degree in 7 semesters, or the equivalent or
1074fewer hours, and wish to pursue graduate study may apply the
1075unused portion of their Florida Academic Scholars award or
1076Florida Medallion Scholars award toward 1 semester of graduate
1077study, not to exceed 15 semester hours paid at the undergraduate
1078rate. A baccalaureate degree may include, but is not limited to,
1079college credits earned through articulated acceleration
1080mechanisms pursuant to s. 1007.27.
1081     Section 17.  Subsections (1) and (4) of section 1009.535,
1082Florida Statutes, are amended to read:
1083     1009.535  Florida Medallion Scholars award.-
1084     (1)  A student is eligible for a Florida Medallion Scholars
1085award if the student meets the general eligibility requirements
1086for the Florida Bright Futures Scholarship Program and the
1087student:
1088     (a)  Has achieved a weighted grade point average of 3.0 as
1089calculated pursuant to s. 1009.531, or the equivalent, in high
1090school courses that are designated by the State Board of
1091Education as college-preparatory academic courses; and has
1092attained at least the score pursuant to s. 1009.531(6)(b)
1093identified by rules of the State Board of Education on the
1094combined verbal and quantitative parts of the Scholastic
1095Aptitude Test, the Scholastic Assessment Test, or the recentered
1096Scholastic Assessment Test of the College Entrance Examination,
1097or an equivalent score on the ACT Assessment Program; or
1098     (b)  Has attended a home education program according to s.
10991002.41 during grades 11 and 12 or has completed the
1100International Baccalaureate curriculum but failed to earn the
1101International Baccalaureate Diploma or has completed the
1102Advanced International Certificate of Education curriculum but
1103failed to earn the Advanced International Certificate of
1104Education Diploma, and has attained at least the score pursuant
1105to s. 1009.531(6)(b) identified by rules of the State Board of
1106Education on the combined verbal and quantitative parts of the
1107Scholastic Aptitude Test, the Scholastic Assessment Test, or the
1108recentered Scholastic Assessment Test of the College Entrance
1109Examination, or an equivalent score on the ACT Assessment
1110Program; or
1111     (c)  Has attended a home education program according to s.
11121002.41 during grades 11 and 12 and has attained at least the
1113score pursuant to s. 1009.531(6)(b) on the combined verbal and
1114quantitative parts of the Scholastic Aptitude Test, the
1115Scholastic Assessment Test, or the recentered Scholastic
1116Assessment Test of the College Entrance Examination, or an
1117equivalent score on the ACT Assessment Program, if the student's
1118parent cannot document a college-preparatory curriculum as
1119described in paragraph (a);
1120     (d)(c)  Has been recognized by the merit or achievement
1121program of the National Merit Scholarship Corporation as a
1122scholar or finalist but has not completed a program of community
1123service as provided in s. 1009.534; or
1124     (e)(d)  Has been recognized by the National Hispanic
1125Recognition Program as a scholar, but has not completed a
1126program of community service as provided in s. 1009.534.
1127     (4)  Notwithstanding subsection (2), a Florida Medallion
1128Scholar is eligible for an award equal to the amount specified
1129in the General Appropriations Act for the 2009-2010 academic
1130year. This subsection expires July 1, 2010.
1131     Section 18.  Subsections (4) and (5) of section 1009.536,
1132Florida Statutes, are amended to read:
1133     1009.536  Florida Gold Seal Vocational Scholars award.-The
1134Florida Gold Seal Vocational Scholars award is created within
1135the Florida Bright Futures Scholarship Program to recognize and
1136reward academic achievement and career preparation by high
1137school students who wish to continue their education.
1138     (4)  A student may earn a Florida Gold Seal Vocational
1139Scholarship for 110 percent of the number of credit hours
1140required to complete the program, up to 90 credit hours or the
1141equivalent. For a student who is initially eligible in the 2010-
11422011 academic term and thereafter, the student may earn a
1143Florida Gold Seal Vocational Scholarship for 100 percent of the
1144number of credit hours required to complete the program, up to
114590 credit hours or the equivalent.
1146     (5)  Notwithstanding subsection (2), a Florida Gold Seal
1147Vocational Scholar is eligible for an award equal to the amount
1148specified in the General Appropriations Act for the 2009-2010
1149academic year. This subsection expires July 1, 2010.
1150     Section 19.  Sections 1009.537 and 1009.5385, Florida
1151Statutes, are repealed.
1152     Section 20.  Subsections (2), (3), and (4) of section
11531009.72, Florida Statutes, are amended to read:
1154     1009.72  Jose Marti Scholarship Challenge Grant Program.-
1155     (2)  Funds appropriated by the Legislature for the program
1156shall be deposited in the State Student Financial Assistance
1157Trust Fund. The Chief Financial Officer shall authorize
1158expenditures from the trust fund upon receipt of vouchers
1159approved by the Department of Education. All moneys collected
1160from private sources for the purposes of this section shall be
1161deposited into the State Student Financial Assistance Trust
1162Fund. Any balance in the trust fund at the end of any fiscal
1163year which that has been allocated to the program shall remain
1164therein and shall be available for carrying out the purposes of
1165the program. All funds deposited into the trust fund for the
1166program shall be invested pursuant to s. 17.61. Interest income
1167accruing to that portion of the funds which are allocated to the
1168program in the trust fund and not matched shall increase the
1169total funds available for the program.
1170     (3)  The Legislature may appropriate funds shall designate
1171funds to be transferred to the trust fund for the program from
1172the General Revenue Fund. Such funds shall be divided into
1173challenge grants to be administered by the Department of
1174Education. All appropriated funds deposited into the trust fund
1175for the program shall be invested pursuant to the provisions of
1176s. 17.61. Interest income accruing to that portion of the funds
1177that are allocated to the program in the trust fund and not
1178matched shall increase the total funds available for the
1179program.
1180     (4)  The amounts amount appropriated to the trust fund for
1181the program shall be allocated by the department on the basis of
1182one $5,000 challenge grant for each $2,500 raised from private
1183sources. Matching funds shall be generated through contributions
1184made after July 1, 1986, and pledged for the purposes of this
1185section. Pledged contributions shall not be eligible for
1186matching prior to the actual collection of the total funds.
1187     Section 21.  Subsections (2), (3), and (4) of section
11881009.73, Florida Statutes, are amended to read:
1189     1009.73  Mary McLeod Bethune Scholarship Program.-
1190     (2)  Funds appropriated by the Legislature for the program
1191shall be deposited in the State Student Financial Assistance
1192Trust Fund. The Chief Financial Officer shall authorize
1193expenditures from the trust fund upon receipt of vouchers
1194approved by the Department of Education. The Department of
1195Education shall receive all moneys collected from private
1196sources for the purposes of this section and shall deposit such
1197moneys into the State Student Financial Assistance Trust Fund.
1198Notwithstanding the provisions of s. 216.301 and pursuant to s.
1199216.351, any balance in the trust fund at the end of any fiscal
1200year which that has been allocated to the program shall remain
1201in the trust fund and shall be available for carrying out the
1202purposes of the program. All moneys deposited into the trust
1203fund for the program shall be invested pursuant to s. 17.61.
1204Interest income accruing to that portion of the funds which are
1205allocated to the program in the trust fund and not matched shall
1206increase the total funds available for the program.
1207     (3)  The Legislature may appropriate funds shall
1208appropriate moneys to the trust fund for the program from the
1209General Revenue Fund. Such moneys shall be applied to
1210scholarships to be administered by the Department of Education.
1211All moneys deposited into the trust fund for the program shall
1212be invested pursuant to the provisions of s. 17.61. Interest
1213income accruing to the program shall be expended to increase the
1214total moneys available for scholarships.
1215     (4)  The moneys in the trust fund for the program shall be
1216allocated by the department among the institutions of higher
1217education listed in subsection (1) on the basis of one $2,000
1218challenge grant for each $1,000 raised from private sources.
1219Matching funds shall be generated through contributions made
1220after July 1, 1990, and pledged for the purposes of this
1221section. Pledged contributions shall not be eligible for
1222matching prior to the actual collection of the total funds. The
1223department shall allocate to each of those institutions a
1224proportionate share of the contributions received on behalf of
1225those institutions and a share of the appropriations and
1226matching funds generated by such institution.
1227     Section 22.  Subsection (2) of section 1010.87, Florida
1228Statutes, is amended to read:
1229     1010.87  Workers' Compensation Administration Trust Fund
1230within the Department of Education.-
1231     (2)  Funds appropriated by nonoperating transfer from the
1232Department of Financial Services Workers' Compensation
1233Administration Trust Fund which remain unencumbered as of June
123430 or undisbursed as of September 30 shall revert to the
1235Department of Financial Services Workers' Compensation
1236Administration Trust Fund. Notwithstanding the provisions of s.
1237216.301 and pursuant to s. 216.351, any balance in the trust
1238fund at the end of any fiscal year shall remain in the trust
1239fund at the end of the year and shall be available for carrying
1240out the purposes of the trust fund.
1241     Section 23.  Subsection (8) of section 1011.32, Florida
1242Statutes, is amended to read:
1243     1011.32  Community College Facility Enhancement Challenge
1244Grant Program.-
1245     (8)  By October 15 September 1 of each year, the State
1246Board of Education shall transmit to the Legislature a list of
1247projects which meet all eligibility requirements to participate
1248in the Community College Facility Enhancement Challenge Grant
1249Program and a budget request which includes the recommended
1250schedule necessary to complete each project.
1251     Section 24.  Paragraph (e) of subsection (2) of section
12521011.52, Florida Statutes, is amended to read:
1253     1011.52  Appropriation to first accredited medical school.-
1254     (2)  In order for a medical school to qualify under the
1255provisions of this section and to be entitled to the benefits
1256herein, such medical school:
1257     (e)  Must have in place enter into an annual operating
1258agreement each fiscal year with a government-owned hospital that
1259is located in the same county as the medical school and that is
1260a statutory teaching hospital as defined in s. 408.07(45). The
1261annual operating agreement shall provide for the medical school
1262to maintain the same level of affiliation with the hospital,
1263including the level of services to indigent and charity care
1264patients served by the hospital, which was in place in the prior
1265fiscal year. Each year, documentation demonstrating that an of
1266the operating agreement is in effect shall be submitted jointly
1267to the Department of Education by the hospital and the medical
1268school prior to the payment of moneys from the annual
1269appropriation.
1270     Section 25.  Paragraph (a) of subsection (5) of section
12711011.80, Florida Statutes, is amended to read:
1272     1011.80  Funds for operation of workforce education
1273programs.-
1274     (5)  State funding and student fees for workforce education
1275instruction shall be established as follows:
1276     (a)  Expenditures for the continuing workforce education
1277programs provided by the community colleges or school districts
1278must be fully supported by fees. Enrollments in continuing
1279workforce education courses shall not be counted for purposes of
1280funding full-time equivalent enrollment. For a continuing
1281workforce education course, state funding shall equal 50 percent
1282of the cost of instruction, with student fees, business support,
1283quick-response training funds, or other means making up the
1284remaining 50 percent.
1285     Section 26.  Section 1011.83, Florida Statutes, is amended
1286to read:
1287     1011.83  Financial support of community colleges.-
1288     (1)  Each community college that has been approved by the
1289Department of Education and meets the requirements of law and
1290rules of the State Board of Education shall participate in the
1291Community College Program Fund. However, funds to support
1292workforce education programs conducted by community colleges
1293shall be provided pursuant to s. 1011.80.
1294     (2)  Funding for baccalaureate degree programs approved
1295pursuant to s. 1007.33 shall be specified in the General
1296Appropriations Act. A student in a baccalaureate degree program
1297approved pursuant to s. 1007.33 who is not classified as a
1298resident for tuition purposes pursuant to s. 1009.21 may not be
1299included in calculations of full-time equivalent enrollments for
1300state funding purposes.
1301     (3)  Funds specifically appropriated by the Legislature for
1302baccalaureate degree programs approved pursuant to s. 1007.33
1303may be used only for such programs. A community college shall
1304fund the nonrecurring costs related to the initiation of a new
1305baccalaureate degree program under s. 1007.33 without new state
1306appropriations unless special grant funds are appropriated in
1307the General Appropriations Act. A new baccalaureate degree
1308program may not accept students without a recurring legislative
1309appropriation for this purpose.
1310     (4)  State funding for baccalaureate degree programs
1311approved pursuant to s. 1007.33 shall be as provided in the
1312General Appropriations Act.
1313     (5)  A community college that grants baccalaureate degrees
1314shall maintain reporting and funding distinctions between any
1315baccalaureate degree program approved under s. 1007.33 and any
1316other baccalaureate degree programs involving traditional
1317concurrent-use partnerships.
1318     Section 27.  Paragraph (a) of subsection (3) of section
13191011.84, Florida Statutes, is amended, and paragraph (g) is
1320added to that subsection, to read:
1321     1011.84  Procedure for determining state financial support
1322and annual apportionment of state funds to each community
1323college district.-The procedure for determining state financial
1324support and the annual apportionment to each community college
1325district authorized to operate a community college under the
1326provisions of s. 1001.61 shall be as follows:
1327     (3)  DETERMINING THE APPORTIONMENT FROM STATE FUNDS.-
1328     (a)  By December 15 of each year, the Department of
1329Education shall estimate the annual enrollment of each community
1330college for the current fiscal year and for the 3 6 subsequent
1331fiscal years. These estimates shall be based upon prior years'
1332enrollments, upon the initial fall term enrollments for the
1333current fiscal year for each college, and upon each college's
1334estimated current enrollment and demographic changes in the
1335respective community college districts. Upper-division
1336enrollment shall be estimated separately from lower-division
1337enrollment.
1338     (g)  Expenditures for upper-division enrollment in a
1339community college that grants baccalaureate degrees shall be
1340reported separately from expenditures for lower-division
1341enrollment, in accordance with law and State Board of Education
1342rule.
1343     Section 28.  Section 1012.885, Florida Statutes, is created
1344to read:
1345     1012.885  Remuneration of community college presidents;
1346limitations.-
1347     (1)  DEFINITIONS.-As used in this section, the term:
1348     (a)  "Appropriated state funds" means funds appropriated
1349from the General Revenue Fund or funds appropriated from state
1350trust funds.
1351     (b)  "Cash-equivalent compensation" means any benefit that
1352may be assigned an equivalent cash value.
1353     (c)  "Remuneration" means salary, bonuses, and cash-
1354equivalent compensation paid to a community college president by
1355his or her employer for work performed, excluding health
1356insurance benefits and retirement benefits.
1357     (2)  LIMITATION ON COMPENSATION.-Notwithstanding any other
1358law, resolution, or rule to the contrary, a community college
1359president may not receive more than $225,000 in remuneration
1360annually from appropriated state funds. Only compensation, as
1361defined in s. 121.021(22), provided to a community college
1362president may be used in calculating benefits under chapter 121.
1363     (3)  EXCEPTIONS.-This section does not prohibit any party
1364from providing cash or cash-equivalent compensation from funds
1365that are not appropriated state funds to a community college
1366president in excess of the limit in subsection (2). If a party
1367is unable or unwilling to fulfill an obligation to provide cash
1368or cash-equivalent compensation to a community college president
1369as permitted under this subsection, appropriated state funds may
1370not be used to fulfill such obligation.
1371     Section 29.  Subsection (8) of section 1013.79, Florida
1372Statutes, is amended to read:
1373     1013.79  University Facility Enhancement Challenge Grant
1374Program.-
1375     (8)  By October 15 1 of each year, the Board of Governors
1376shall transmit to the Legislature a list of projects that meet
1377all eligibility requirements to participate in the Alec P.
1378Courtelis University Facility Enhancement Challenge Grant
1379Program and a budget request that includes the recommended
1380schedule necessary to complete each project.
1381     Section 30.  (1)  Each Florida college and state university
1382shall strive to reduce its campuswide energy consumption by 10
1383percent. While savings may be accrued by any means, the goal
1384shall be to implement energy use policies or procedures or both
1385and any equipment retrofits that are necessary to carry out this
1386reduction. The reduction may be obtained by either reducing the
1387cost of the energy consumed or by reducing total energy usage,
1388or a combination of both.
1389     (2)  Energy consumption expenditures incurred during the
13902007-2008 fiscal year shall be used to establish the benchmark
1391for the 10-percent goal. If a Florida college or state
1392university can document that it has implemented energy use
1393policies or procedures in the 2008-2009 fiscal year or the 2009-
13942010 fiscal year that resulted in reduction in energy usage or
1395costs, those reductions may be counted towards the 10-percent
1396goal.
1397     (3)  Each Florida college and state university shall submit
1398a report to the Governor, the Speaker of the House of
1399Representatives, and the President of the Senate by January 1,
14002011, describing how they have met or plan to meet the 10-
1401percent energy consumption reduction goal.
1402     Section 31.  (1)  The Office of Program Policy Analysis and
1403Government Accountability shall conduct a review of the public
1404school adult workforce education programs and the community
1405college and state college workforce education programs for the
1406purpose of identifying and analyzing the positive and negative
1407aspects of merging the school district programs with the
1408community college and state college programs. Questions
1409addressed by the review shall include:
1410     (a)  What types of workforce education programs are offered
1411by school districts and Florida College System institutions and
1412are there differences between the two systems?
1413     (b)  What types of students do school districts and Florida
1414College System institutions serve in their workforce education
1415programs and are there differences between the two systems?
1416     (c)  What are the student outcomes for workforce education
1417programs offered by school districts and Florida College System
1418institutions and are there differences between the two systems?
1419     (d)  How much does Florida spend on workforce education
1420programs and what are the funding sources for these programs?
1421     (e)  How is workforce education funding allocated to school
1422districts and Florida College System institutions and how does
1423this compare to other states?
1424     (f)  How do individual school districts and Florida College
1425System institutions operate their workforce education programs?
1426     (g)  What types of instructional settings, facilities,
1427locations, and faculty do school districts and Florida College
1428System institutions use to deliver workforce education programs?
1429     (h)  How do other states structure their workforce
1430education programs?
1431     (2)  The Office of Program Policy Analysis and Government
1432Accountability shall submit the results of its review to the
1433President of the Senate and the Speaker of the House of
1434Representatives by December 1, 2010.
1435     Section 32.  The Office of Program Policy Analysis and
1436Government Accountability shall conduct a review of
1437postsecondary educational opportunities for individuals with
1438developmental disabilities. The review shall include, at a
1439minimum, the following issues: opportunities for postsecondary
1440education and vocational training; transitioning from school to
1441the workforce; best practices for providing such postsecondary
1442education and training services, including any notable public-
1443private partnerships; and the feasibility and cost of
1444establishing a residential vocational institution to provide
1445postsecondary education and vocational training for individuals
1446with developmental disabilities. The Office of Program Policy
1447Analysis and Government Accountability shall submit the findings
1448of its review to the President of the Senate and the Speaker of
1449the House of Representatives no later than February 1, 2011.
1450     Section 33.  There is appropriated $25,000,000 in
1451nonrecurring funds from the General Revenue Fund for the 2010-
14522011 fiscal year for the Florida Bright Futures Scholarship
1453Program. The funding is contingent upon Florida being eligible
1454to receive federal funds, based on the state's Federal Medical
1455Assistance Percentage (FMAP), in excess of the February 2010
1456official Social Services Estimating Conference estimate.
1457     Section 34.  This act shall take effect July 1, 2010.


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