CS/HB 343

1
A bill to be entitled
2An act relating to public postsecondary need-based student
3financial assistance; amending s. 1009.40, F.S.; requiring
4state residency for a public postsecondary career
5education student assistance grant; revising eligibility
6criteria for the renewal of specified financial aid
7awards; creating s. 1009.505 F.S.; creating the Florida
8Public Postsecondary Career Education Student Assistance
9Grant Program; providing for program administration;
10defining terms; providing that grants are available to
11specified students in specified postsecondary career
12certificate programs; providing for annual grant amounts;
13providing eligibility criteria for career certificate
14students; requiring reporting by participating
15institutions; providing for distribution of appropriated
16funds; providing for transmittal of grant payments to
17community college presidents or district school
18superintendents; providing for period of eligibility;
19requiring participating institutions to certify amounts
20disbursed to students; requiring the State Board of
21Education to adopt rules; providing that the program shall
22only be implemented to the extent funded and authorized by
23law; amending s. 1009.77, F.S.; revising the purpose of
24the Florida Work Experience Program; providing that the
25program is available to students in specified career
26education programs and educator preparation institutes;
27authorizing a participating institution to use up to 100
28percent of its allocation for student employees within the
29institution and to reimburse itself for 100 percent of the
30student wages; lowering the percentage of student wages
31that must be reimbursed to employers; providing that
32participating postsecondary educational institutions must
33pay for specified preemployment expenses for students
34employed with public schools; requiring employers to pay
35specified wages; prescribing student eligibility
36requirements; providing for distribution of funds;
37requiring certification of funds disbursed to students;
38providing that funds appropriated for the program may be
39deposited in the State Student Financial Assistance Trust
40Fund; providing appropriations; providing an effective
41date.
42
43     WHEREAS, the public postsecondary career certificate
44programs were created by the state to provide affordable access
45to higher education for Florida's residents, and
46     WHEREAS, students enrolled in public postsecondary career
47certificate programs have no access to state need-based
48financial aid and must rely on student loans and scholarships to
49finance their higher education, and
50     WHEREAS, student debt has escalated at an unprecedented
51level, causing students to owe large sums of money that often
52are difficult to repay, especially with compounding interest,
53and
54     WHEREAS, the State of Florida needs a trained workforce,
55and between 70 percent and 80 percent of jobs for the future
56will require education beyond high school but less than a
57baccalaureate degree, and
58     WHEREAS, students who are willing to work for their need-
59based financial aid in a field for which they are studying is of
60benefit to the student, the employer, and the state, NOW,
61THEREFORE,
62
63Be It Enacted by the Legislature of the State of Florida:
64
65     Section 1.  Subsection (1) of section 1009.40, Florida
66Statutes, is amended to read:
67     1009.40  General requirements for student eligibility for
68state financial aid.--
69     (1)(a)  The general requirements for eligibility of
70students for state financial aid awards consist of the
71following:
72     1.  Achievement of the academic requirements of and
73acceptance at a state university or community college; a nursing
74diploma school approved by the Florida Board of Nursing; a
75Florida college, university, or community college which is
76accredited by an accrediting agency recognized by the State
77Board of Education; any Florida institution the credits of which
78are acceptable for transfer to state universities; any career
79center; or any private career institution accredited by an
80accrediting agency recognized by the State Board of Education.
81     2.  Residency in this state for no less than 1 year
82preceding the award of aid for a program established pursuant to
83s. 1009.50, s. 1009.505, s. 1009.51, s. 1009.52, s. 1009.53, s.
841009.54, s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s.
851009.63, s. 1009.68, s. 1009.72, s. 1009.73, s. 1009.76, s.
861009.77, or s. 1009.89. Residency in this state must be for
87purposes other than to obtain an education. Resident status for
88purposes of receiving state financial aid awards shall be
89determined in the same manner as resident status for tuition
90purposes pursuant to s. 1009.21 and rules of the State Board of
91Education.
92     3.  Submission of certification attesting to the accuracy,
93completeness, and correctness of information provided to
94demonstrate a student's eligibility to receive state financial
95aid awards. Falsification of such information shall result in
96the denial of any pending application and revocation of any
97award currently held to the extent that no further payments
98shall be made. Additionally, students who knowingly make false
99statements in order to receive state financial aid awards shall
100be guilty of a misdemeanor of the second degree subject to the
101provisions of s. 837.06 and shall be required to return all
102state financial aid awards wrongfully obtained.
103     (b)1.  Eligibility for the renewal of undergraduate or
104career certificate financial aid awards shall be evaluated at
105the end of the second semester or third quarter of each academic
106year. As a condition for renewal, a student shall:
107     a.  Have earned a minimum cumulative grade point average of
1082.0 on a 4.0 scale; and
109     b. Have earned, for undergraduate full-time study, 12
110credits per term or the equivalent for the number of terms for
111which aid was received or have earned, for career certificate
112study, at least the equivalent in clock hours of 6 semester
113credit hours per term or the equivalent for the number of terms
114for which aid was received.
115     2.  A student who earns the minimum number of credits
116required for renewal, but who fails to meet the minimum 2.0
117cumulative grade point average, may be granted a probationary
118award for up to the equivalent of 1 academic year and shall be
119required to earn a cumulative grade point average of 2.0 on a
1204.0 scale by the end of the probationary period to be eligible
121for subsequent renewal. A student who receives a probationary
122award and who fails to meet the conditions for renewal by the
123end of his or her probationary period shall be ineligible to
124receive additional awards for the equivalent of 1 academic year
125following his or her probationary period. Each such student may,
126however, reapply for assistance during a subsequent application
127period and may be eligible for an award if he or she has earned
128a cumulative grade point average of 2.0 on a 4.0 scale.
129     3.  A student who fails to earn the minimum number of
130credits required for renewal shall lose his or her eligibility
131for renewal for a period equivalent to 1 academic year. However,
132the student may reapply during a subsequent application period
133and may be eligible for an award if he or she has earned a
134minimum cumulative grade point average of 2.0 on a 4.0 scale.
135     4.  Students who receive state student aid and subsequently
136fail to meet state academic progress requirements due to
137verifiable illness or other emergencies may be granted an
138exception from the academic requirements. Such students shall
139make a written appeal to the institution. The appeal shall
140include a description and verification of the circumstances.
141Verification of illness or other emergencies may include but not
142be limited to a physician's statement or written statement of a
143parent or college official. The institution shall recommend
144exceptions with necessary documentation to the department. The
145department may accept or deny such recommendations for exception
146from the institution.
147     Section 2.  Section 1009.505, Florida Statutes, is created
148to read:
149     1009.505  Florida Public Postsecondary Career Education
150Student Assistance Grant Program.--
151     (1)  There is created a Florida Public Postsecondary Career
152Education Student Assistance Grant Program. The program shall be
153administered by the participating institutions in accordance
154with rules of the State Board of Education.
155     (2)  For purposes of this section, the term:
156     (a)  "Average annual cost of tuition and registration fees"
157means the average cost for the prior academic year of tuition
158and registration fees for the equivalent in clock hours at a
159public postsecondary career certificate program of 30 semester
160credit hours at a state university.
161     (b)  "Half-time" means the equivalent in clock hours at a
162public postsecondary career certificate program of 6 semester
163credit hours at a community college.
164     (c)  "Public postsecondary career certificate program"
165means a postsecondary program that consists of 450 or more clock
166hours, is offered by a community college authorized by Florida
167law or by a career center operated by a district school board
168under s. 1001.44, and terminates in a career certificate.
169     (3)(a)  Student assistance grants through the program may
170be made only to certificate-seeking students enrolled at least
171half-time in a public postsecondary career certificate program
172who meet the general requirements for student eligibility as
173provided in s. 1009.40, except as otherwise provided in this
174section. The grants shall be awarded annually to any recipient
175for the amount of demonstrated unmet need for the cost of
176education and may not exceed the average annual cost of tuition
177and registration fees or such other amount as specified in the
178General Appropriations Act. A demonstrated unmet need of less
179than $200 shall render the applicant ineligible for a grant
180under this section. Recipients of the grants must have been
181accepted at a community college authorized by Florida law or a
182career center operated by a district school board under s.
1831001.44. A student is eligible for the award for 110 percent of
184the number of clock hours required to complete the program in
185which enrolled.
186     (b)  A student applying for a Florida public postsecondary
187career education student assistance grant shall be required to
188apply for the Pell Grant. A Pell Grant entitlement shall be
189considered when conducting an assessment of the financial
190resources available to each student; however, a Pell Grant
191entitlement shall not be required as a condition of receiving a
192grant under this section.
193     (c)  Each participating institution shall report, to the
194department by the established date, the eligible students to
195whom grant moneys are disbursed each academic term. Each
196institution shall also report to the department necessary
197demographic and eligibility data for such students.
198     (4)(a)  The funds appropriated for the Florida Public
199Postsecondary Career Education Student Assistance Grant Program
200shall be distributed to eligible community colleges and district
201school boards in accordance with a formula approved by the
202department.
203     (b)  Payment of Florida public postsecondary career
204education student assistance grants shall be transmitted to the
205president of the community college or to the district school
206superintendent, or to the designee thereof, in advance of the
207registration period. Institutions shall notify students of the
208amount of their awards.
209     (c)  The eligibility status of each student to receive a
210disbursement shall be determined by each institution as of the
211end of its regular registration period, inclusive of a drop-add
212period. Institutions shall not be required to reevaluate a
213student's eligibility status after this date for purposes of
214changing eligibility determinations previously made.
215     (d)  Participating institutions shall certify to the
216department the amount of funds disbursed to each student and
217shall remit to the department any undisbursed advances by June 1
218of each year.
219     (5)  The State Board of Education shall establish rules
220necessary to implement this section.
221     (6)  This section shall be implemented only to the extent
222specifically funded and authorized by law.
223     Section 3.  Section 1009.77, Florida Statutes, is amended
224to read:
225     1009.77  Florida Work Experience Program.--
226     (1)  There is established the Florida Work Experience
227Program to be administered by the Department of Education. The
228purpose of the program is to introduce eligible students to work
229experience that will complement and reinforce their educational
230program and career goals and provide a self-help student aid
231program that reduces student loan indebtedness. Additionally,
232the program's opportunities for employment at a student's school
233will serve as a retention tool because students employed on
234campus are more likely to complete their postsecondary
235education. The Such program shall be available to:
236     (a)  Any student attending a state university or community
237college authorized by Florida law; or
238     (b)  Any student attending a nonprofit Florida
239postsecondary education institution that is eligible to
240participate in either of the student assistance grant programs
241established in ss. 1009.51 and 1009.52;
242     (c)  Any postsecondary student attending a career center
243operated by a district school board under s. 1001.44; or
244     (d)  Any student attending an educator preparation
245institute established under s. 1004.85. Such student may
246participate in this program despite having previously earned a
247baccalaureate degree.
248     (2)(a)  A participating institution may use up to 100 25
249percent of its program allocation for student employment within
250the institution.
251     (b)  A participating institution may use up to 10 percent
252of its program allocation for program administration.
253     (3)  Each participating institution is authorized to enter
254into contractual agreements with private or public employers for
255the purpose of establishing a Florida work experience program.
256     (4)  The participating postsecondary educational
257institution shall be responsible for reimbursing employers for
258student wages from moneys it receives from the trust fund
259pursuant to subsection (11) (8). Public elementary or secondary
260school employers or postsecondary institution employers shall be
261reimbursed for 100 percent of the student's wages by the
262participating institution. All other employers may shall be
263reimbursed for up to 70 percent of the student's wages. When a
264college or university employs a student on campus through this
265program, other student financial aid funds may not be used to
266fund the institution's 30-percent portion of the student's
267wages.
268     (5)  The employer is responsible for furnishing the full
269cost of any mandatory benefits. Such benefits may not be
270considered part of the 30-percent wage requirement total for
271matching purposes.
272     (6)  Each participating postsecondary educational
273institution is responsible for furnishing the full cost of all
274preemployment requirements, including, but not limited to,
275background screenings and tuberculosis testing, that are
276necessary for a student to be employed by a public elementary or
277secondary school employer. Expenditures under this subsection
278shall be paid from the funds received by the participating
279postsecondary educational institution from the trust fund under
280subsection (11).
281     (7)  The employer is responsible for paying no less than
282the federal minimum wage established under the Fair Labor
283Standards Act or the state minimum wage established under s. 24,
284Art. X of the State Constitution and s. 448.110, whichever is
285greater. Employers are encouraged to pay students a competitive
286wage to increase student participation in this program.
287     (8)(6)  A student is eligible to participate in the Florida
288Work Experience Program if the student:
289     (a)  Is enrolled:
290     1.  At an eligible college or university as no less than a
291half-time undergraduate student in good standing;.
292     2.  In an eligible postsecondary career certificate program
293as no less than a half-time student in good standing. Eligible
294programs must be approved by the Department of Education and
295must consist of no less than 450 clock hours of instruction.
296Such programs must be offered by a career center operated by a
297district school board under s. 1001.44 or by a community
298college; or
299     3.  At an educator preparation institute established under
300s. 1004.85 as no less than a half-time student in good standing.
301
302However, a student may be employed during the break between two
303consecutive terms or employed, although not enrolled, during a
304term if the student was enrolled at least half time during the
305preceding term and preregisters as no less than a half-time
306student for the subsequent academic term. A student who attends
307an institution that does not provide preregistration shall
308provide documentation of intent to enroll as no less than a
309half-time student for the subsequent academic term.
310     (b)  Meets the general requirements for student eligibility
311as provided in s. 1009.40, except as otherwise provided in this
312section.
313     (c)  Demonstrates financial need.
314     (d)  Maintains the equivalent of a 2.0 cumulative grade
315point average of a 2.0 on a 4.0 scale for all college work.
316     (9)(7)  The State Board of Education shall adopt prescribe
317such rules for the program as are necessary for its
318administration, for the determination of eligibility and
319selection of institutions to receive funds for students, to
320ensure the proper expenditure of funds, and to provide an
321equitable distribution of funds between students at public and
322independent colleges and universities and career centers
323operated by district school boards under s. 1001.44.
324     (10)  A participating institution that receives funds from
325the program shall certify to the department the amount of funds
326disbursed to each student within 30 days after the end of each
327term.
328     (11)(8) Funds appropriated by the Legislature for the
329Florida Work Experience Program may shall be deposited in the
330State Student Financial Assistance Trust Fund. The Chief
331Financial Officer shall authorize expenditures from the trust
332fund upon receipt of vouchers approved by the department of
333Education. Any balance remaining therein at the end of any
334fiscal year that has been allocated to the program shall remain
335therein and shall be available for carrying out the purposes of
336the program.
337     Section 4.  For fiscal year 2007-2008, the sum of
338$2,600,000 in nonrecurring funds is appropriated from the
339Student Loan Operating Trust Fund to the Florida Public
340Postsecondary Career Education Student Assistance Grant Program
341to fund student assistance grants under s. 1009.505, Florida
342Statutes.
343     Section 5.  For fiscal year 2007-2008, the sum of $500,000
344in nonrecurring funds is appropriated from the Student Loan
345Operating Trust Fund to the Florida Work Experience Program to
346fund participation by postsecondary career certificate students
347enrolled at a community college or career center operated by a
348district school board under s. 1001.44, Florida Statutes, and by
349students enrolled at an educator preparation institute under s.
3501004.85, Florida Statutes.
351     Section 6.  This act shall take effect July 1, 2007.


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