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A bill to be entitled

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An act relating to student financial assistance; creating

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s. 1009.893, F.S.; creating the Sure Futures Postgraduate

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Scholarship Program; providing purposes and goals for the

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program; creating s. 1009.894, F.S.; providing legislative

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findings; providing definitions; establishing the Sure

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Futures Foundation and a foundation board to administer

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the program; providing for membership of the board;

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providing duties of the board; providing eligibility

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criteria for participation in the program by students and

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sponsors; providing procedures for application to the

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program; providing procedures for the selection of

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participants; providing benefits provided to students

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selected to participate in the program; providing

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requirements for such students; requiring that a

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participating student who graduates with an advanced

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degree remain employed by his or her sponsor in this state

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for a specified period; providing that a prorated portion

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of the scholarship shall convert to a low-interest loan

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under certain conditions; requiring that sponsors and

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students participating in the program enter into a

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contract; requiring that such contract contain certain

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terms; requiring that a sponsor make a specified monetary

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contribution for scholarships; requiring that a sponsor

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make a specified additional contribution per year to cover

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administrative costs of the program; authorizing sponsors

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to establish terms of sponsorship and specify specific

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universities at which a student must enroll to receive

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sponsorship; relieving an employee for his or her

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obligations under a contract of sponsorship under certain

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conditions; requiring that the Office of Student Financial

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Assistance of the Department of Education establish a

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database containing certain information; requiring that

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the foundation establish a standard application form;

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requiring that the Department of Education annually

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establish the amount necessary to cover certain costs;

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requiring that state universities make available certain

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information regarding the program; requiring that certain

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entities promote participation in the program; requiring

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that the Department of Education adopt rules; providing an

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appropriation; providing an effective date.

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

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     Section 1.  Section 1009.893, Florida Statutes, is created

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to read:

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     1009.893 Sure Futures Postgraduate Scholarship

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Program.--The "Sure Futures Postgraduate Scholarship Program" or

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"Sure Futures Degreed Program" is created for the purpose of

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establishing a scholarship program to match private-sector

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businesses that need employees having advanced degrees with

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students seeking advanced degrees and employment. The goals of

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the program are to provide for a more highly educated workforce

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by offering students greater academic and financial access to the

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pursuit of advanced degrees in areas of critical need and to

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recruit and retain Florida's best and brightest graduate students

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by offering them comprehensive financial assistance for education

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pursuits and potential employment with the private-sector

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businesses that have indicated their willingness to enter into

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partnerships in the program.

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     Section 2.  Section 1009.894, Florida Statutes, is created

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to read:

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     1009.894 The Sure Futures Foundation.--

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     (1) The Legislature finds that there exists in Florida a

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labor shortage of employees who have received postgraduate

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degrees in areas identified by the Board of Governors in its 10-

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year strategic plan. The Legislature further finds that there is

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a critical need for the state to ensure that this state's

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students have increased access to postgraduate education

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opportunities in the state, that businesses relocate or remain

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active in this state, thus contributing to the economic success

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and viability of this state, and that a qualified and highly

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educated workforce is available and willing to seek employment

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with such businesses. Further, both private and public

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universities in this state can play a vital role in ensuring that

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students are given incentives to remain in the Florida education

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system and seek postgraduate degrees by offering financial

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incentives and diversity in education programs that contribute to

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filling the critical needs of private businesses in Florida. The

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Legislature recognizes that the United States Armed Forces have

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been extremely successful for many decades in recruiting and

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retaining exceptional students through scholarships in the

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reserve officer training corps (ROTC) programs resulting in the

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requirement of a minimum 4-year service commitment from program

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graduates who are trained in and assigned to critical career

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fields. Lastly, the Legislature desires to model a workforce-

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development program in this state which is similar to the proven

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armed forces ROTC programs in an effort to promote, recruit, and

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retain a qualified workforce to meet the demands of this state

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and its businesses.

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     (2) As used in this section, the term:

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     (a) "Sure Futures scholar" or "scholar" means a student

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admitted into at least one postgraduate program within the 16

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identified areas of critical need identified by the Board of

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Governors in its most recent 10-year strategic plan.

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     (b) "Sure Futures sponsor" or "sponsor" means a

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corporation, partnership, limited liability company, sole

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proprietor, or other business entity participating in the Sure

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Futures Postgraduate Scholarship Program through scholarship

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endowment contributions and commitments to offering employment

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and entering into employment contracts with Sure Futures

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scholars.

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     (3) The "Sure Futures Foundation," hereinafter referred to

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as "foundation," is established and shall seek designation under

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s. 501(c)(3) of the Internal Revenue Code. The foundation shall

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be governed by the Sure Futures Foundation Board, which shall

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administer the Sure Futures Postgraduate Scholarship Program with

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guidance from the Board of Governors and the State Board of

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Education. Duties of the foundation board shall include, but not

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be limited to:

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     (a) Adoption of policies and procedures for implementation

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of the program, including approval of sponsors and the

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scholarship criteria of such sponsors.

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     (b) Establishment of a process for approval of printed and

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electronic materials, marketing, and advertising.

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     (c) Establishment of a process and procedure for matching

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sponsors with scholars at the inception of the scholar's

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postgraduate curriculum.

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     (d) Establishment and maintenance, when applicable, of the

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foundation's student loans.

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     (4) The board of the foundation shall be comprised of the

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following members:

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     (a) The Commissioner of Education, as an ex officio member.

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     (b) The chair of the Board of Governors, as an ex officio

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member.

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     (c) Four state university presidents selected by the State

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University Presidents' Association, who shall serve 2-year terms.

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     (d) Four sponsors participating in the program, recommended

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by the Commissioner of Education and selected by the Governor,

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who shall serve 2-year terms.

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     (e) One graduate student recommended by the Commissioner of

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Education and selected by the Governor, who shall serve a 1-year

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term.

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The Commissioner of Education, the chair of the Board of

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Governors, the university presidents, or any of the sponsors may

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designate a specific individual to represent him or her at

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foundation board meetings. The foundation board members shall

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serve without compensation, but are entitled to receive

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reimbursement for travel and per diem expenses incurred in the

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performance of their duties in accordance with s. 112.061. The

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Institute of Science and Public Affairs at Florida State

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University as created in s. 1004.58, and operating as Florida

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State University, shall provide operational management,

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administrative, and support staff to the foundation.

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     (5)(a) The following students are eligible as candidates

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for a Sure Futures Postgraduate Scholarship and thereby eligible

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to obtain a list of sponsors and the graduate degree programs for

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which such sponsors are seeking candidates:

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     1. A student in his or her senior year who is an

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undergraduate student at a state university or a private college

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or university in the state.

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     2. A student in his or her senior year who is an

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undergraduate student at an out-of-state college or university

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but who would otherwise qualify as a resident for purposes of in-

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state tuition if otherwise attending a state university.

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     3. A graduate of a state university or a private college or

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university in the state who, within 12 months of graduation,

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intends to pursue a graduate degree program at a state

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university.

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     (b) A student shall apply, using a standard application

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form, through the program to the Sure Futures Foundation for

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designated Sure-Futures-degreed programs at each state university

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to which the student has been admitted into a postgraduate

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program. A predetermined limit shall be established by the

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foundation board for the maximum number of applications a student

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may submit in a given scholarship cycle.

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     (c) After the initial candidate screening and interview

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phase, a student selected to be offered a Sure Futures

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Postgraduate Scholarship shall be matched by the Sure Futures

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Foundation with a sponsor. The student and the sponsor shall sign

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a contract whereby the student agrees to borrow scholarship funds

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through the program, with a waiver-of-payment provision if a 4-

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year employment obligation is completed, and the sponsor is

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required to provide a defined 4-year employment position in the

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state. For each year that the student is enrolled full-time as a

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graduate student, the scholarship shall cover tuition, fees, and

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books for the degree program; health insurance with an option for

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the scholar to purchase additional coverage to buy a family plan

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for dependents; and room and board based on the university

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dormitory and meal plan rate.

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     (d) A student must maintain a minimum grade point average

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as determined by the sponsor.

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     (e) If a student is unable to take a full load of

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coursework during a summer semester, the student may be required

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by the sponsor to participate in an internship program.

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     (f) Upon graduation with an advanced degree, a graduate

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shall begin working for the sponsor and must remain employed in

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this state by the sponsor for a minimum of 4 years as stipulated

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in the contract.

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     (g) If a student fails to maintain the required grade point

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average or the graduate terminates his or her employment before

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completing the 4-year obligation, a prorated portion of the

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scholarship shall convert to a low-interest loan administered by

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the Sure Futures Foundation.

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     (h) The contract signed by the sponsor and the student

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shall clearly state the terms of the loan the company's

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expectations for the scholar's performance, employment

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requirements, and potential legal remedies if the terms and

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conditions of the contract are not met. The terms of such

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contract shall include as a condition of the scholar accepting a

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match with a particular sponsor noncompetition, nonsolicitation,

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and nondisclosure provisions as required by the sponsor for up to

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4 years following the scholar's completion of the postgraduate

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degree requirements.

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     (6)(a) A sponsor desiring new employees having advanced

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degrees shall make a monetary contribution to the program in

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amounts equal to 50 percent of the total scholarship funds

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necessary for completion of an eligible degree program pursuant

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to this section from which it wishes to draw students, plus an

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additional 3 percent per year for the degree program for the Sure

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Future Foundation to cover administrative costs of the Sure

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Futures Postgraduate Scholarship Program. Contributions shall be

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made in one lump-sum payment before the student begins

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postgraduate coursework. Such funds shall be matched by the state

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under its matching program as provided in s. 1011.94(2) and

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(3)(b)5. A sponsor may contribute one or more scholarships, but

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must offer employment in Florida for each scholar to which the

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sponsor is matched for the 4-year contracted employment period.

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     (b) A sponsor may establish terms of sponsorship,

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including, but not limited to, the degree sought, minimum grade

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point average, and requirements regarding extracurricular

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activities.

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     (c) A sponsor may select the state universities at which

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students may enroll or it may allow its scholarships to be

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available for study at any state university.

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     (d) If a sponsor terminates a scholarship employee for

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reasons other than malfeasance, misfeasance, or nonfeasance

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before the employee completes the 4-year obligation, the employee

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is not required to repay the scholarship. A sponsor is encouraged

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to establish protocols to retain an employee before his or her

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termination.

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     (7)(a) On behalf of the foundation, the Office of Student

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Financial Assistance of the Department of Education shall

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establish a central database of sponsors, the graduate degree

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programs for which the sponsors are seeking candidates, and

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student applicants and their profiles. For purposes of this

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section, the foundation, in consultation with the office, shall

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establish a standard application for use by all state

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universities.

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     (b) On an annual basis, the Department of Education shall

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establish the amount necessary to cover the costs for degree

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programs for which sponsors may make contributions pursuant to

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this section.

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     (8) Prepared documentation and electronic information

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regarding the program shall be made available through the

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appropriate office at each state university. As deemed

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appropriate by its administration, a state university may provide

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additional information or activities, such as providing one-on-

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one discussions with advisors, conducting seminars on the

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program, or working with companies in its service area to create

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scholarships through the program.

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     (9) State agencies, local workforce boards, chambers of

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commerce, and Enterprise Florida, Inc., are strongly encouraged

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to promote sponsor and student participation in the program.

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     (10) The Department of Education shall adopt rules

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necessary to administer this section, including rules

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establishing application forms.

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     Section 3. There is appropriated in the form of a non-

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interest loan from nonrecurring general revenue a sum not to

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exceed $300,000 to the Sure Futures Foundation to pay for costs

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associated with establishing and administering the foundation and

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the Sure Futures Postgraduate Scholarship Program. Such

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appropriation shall be repaid by the foundation on or before

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December 31, 2010.

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     Section 4.  This act shall take effect July 1, 2008.