Florida Senate - 2009                                     SB 158
       
       
       
       By Senator Ring
       
       
       
       
       32-00038-09                                            2009158__
    1                        A bill to be entitled                      
    2         An act relating to student financial assistance;
    3         creating s. 1009.893, F.S.; creating the Sure Futures
    4         Postgraduate Scholarship Program; providing purposes
    5         and goals for the program; creating s. 1009.894, F.S.;
    6         providing legislative findings; providing definitions;
    7         establishing the Sure Futures Foundation and a
    8         foundation board to administer the program; providing
    9         for membership of the board; providing duties of the
   10         board; providing eligibility criteria for
   11         participation in the program by students and sponsors;
   12         providing procedures for application to the program;
   13         providing procedures for the selection of
   14         participants; providing benefits to students selected
   15         to participate in the program; providing requirements
   16         for such students; requiring that a participating
   17         student who graduates with an advanced degree remain
   18         employed by his or her sponsor in this state for a
   19         specified period; requiring that a prorated portion of
   20         the scholarship convert to a low-interest loan under
   21         certain conditions; requiring that sponsors and
   22         students participating in the program enter into a
   23         contract; requiring that such contract contain certain
   24         terms; requiring that a sponsor make a specified
   25         monetary contribution for scholarships; requiring that
   26         a sponsor make a specified additional contribution per
   27         year to cover administrative costs of the program;
   28         authorizing sponsors to establish terms of sponsorship
   29         and specify specific universities at which a student
   30         must enroll in order to receive sponsorship; relieving
   31         an employee for his or her obligations under a
   32         contract of sponsorship under certain conditions;
   33         requiring that the Office of Student Financial
   34         Assistance of the Department of Education establish a
   35         database containing certain information; requiring
   36         that the foundation establish a standard application
   37         form; requiring that the Department of Education
   38         annually establish the amount necessary to cover
   39         certain costs; requiring that state universities make
   40         available certain information regarding the program;
   41         requiring that certain entities promote participation
   42         in the program; requiring that the Department of
   43         Education adopt rules; providing an appropriation;
   44         providing an effective date.
   45         
   46  Be It Enacted by the Legislature of the State of Florida:
   47         
   48         Section 1. Section 1009.893, Florida Statutes, is created
   49  to read:
   50         1009.893 Sure Futures Postgraduate Scholarship Program.—The
   51  Sure Futures Postgraduate Scholarship Program is created for the
   52  purpose of establishing a scholarship program to match private
   53  sector businesses that need employees having advanced degrees
   54  with students seeking advanced degrees and employment. The goals
   55  of the program are to provide for a more highly educated
   56  workforce by offering students greater academic and financial
   57  access to the pursuit of advanced degrees in areas of critical
   58  need and to recruit and retain the state's best and brightest
   59  graduate students by offering them comprehensive financial
   60  assistance for educational pursuits and potential employment
   61  with the private-sector businesses that have indicated their
   62  willingness to enter into partnerships in the program.
   63         Section 2. Section 1009.894, Florida Statutes, is created
   64  to read:
   65         1009.894 The Sure Futures Foundation.—
   66         (1) The Legislature finds that there exists in Florida a
   67  labor shortage of employees who have received postgraduate
   68  degrees in areas identified by the Board of Governors in its 10
   69  year strategic plan. The Legislature further finds that there is
   70  a critical need for the state to ensure that this state's
   71  students have increased access to postgraduate education
   72  opportunities in the state; that businesses relocate or remain
   73  active in this state, thus contributing to the economic success
   74  and viability of this state; and that a qualified and highly
   75  educated workforce is available and willing to seek employment
   76  with such businesses. Further, public universities in this state
   77  can play a vital role in ensuring that students are given
   78  incentives to remain in the state education system and seek
   79  postgraduate degrees by offering financial incentives and
   80  diversity in education programs that contribute to filling the
   81  critical needs of private businesses in Florida. The Legislature
   82  recognizes that the United States Armed Forces have been
   83  extremely successful for many decades in recruiting and
   84  retaining exceptional students through scholarships in the
   85  reserve officer training corps (ROTC) programs resulting in the
   86  requirement of a minimum 4-year service commitment from program
   87  graduates who are trained in and assigned to critical career
   88  fields. Lastly, the Legislature desires to establish a
   89  workforce-development program in this state which is similar to
   90  the proven Armed Forces ROTC programs in an effort to promote,
   91  recruit, and retain a qualified workforce to meet the demands of
   92  this state and its businesses.
   93         (2) As used in this section, the term:
   94         (a) “Sure Futures scholar” or “scholar” means a student
   95  admitted into at least one postgraduate program within the 16
   96  identified areas of critical need identified by the Board of
   97  Governors in its most recent 10-year strategic plan.
   98         (b) “Sure Futures sponsor” or “sponsor” means a
   99  corporation, partnership, limited liability company, sole
  100  proprietor, or other business entity participating in the Sure
  101  Futures Postgraduate Scholarship Program through scholarship
  102  endowment contributions and commitments to offering employment
  103  and entering into employment contracts with Sure Futures
  104  scholars.
  105         (3) The “Sure Futures Foundation,” hereinafter referred to
  106  as “foundation,” is established and shall seek designation under
  107  s. 501(c)(3) of the Internal Revenue Code. The foundation shall
  108  be governed by the Sure Futures Foundation Board, which shall
  109  administer the Sure Futures Postgraduate Scholarship Program
  110  with guidance from the Board of Governors and the State Board of
  111  Education. Duties of the foundation board include, but are not
  112  limited to:
  113         (a) Adoption of policies and procedures for implementing
  114  the program, including approving sponsors and the scholarship
  115  criteria of such sponsors.
  116         (b) Establishment of a process for approving printed and
  117  electronic materials, marketing, and advertising.
  118         (c) Establishment of a process and procedure for matching
  119  sponsors with scholars at the inception of the scholar's
  120  postgraduate program.
  121         (d) Establishment and maintenance, when applicable, of the
  122  foundation's student loans.
  123         (4) The board of the foundation shall be comprised of:
  124         (a) The Commissioner of Education, as an ex officio member.
  125         (b) The chair of the Board of Governors, as an ex officio
  126  member.
  127         (c) Four state university presidents selected by the State
  128  University Presidents' Association, who shall be appointed to 2
  129  year terms.
  130         (d) Four sponsors participating in the program, recommended
  131  by the Commissioner of Education and selected by the Governor,
  132  who shall be appointed to 2-year terms.
  133         (e) One graduate student recommended by the Commissioner of
  134  Education and selected by the Governor, who shall be appointed
  135  to a 1-year term.
  136  The Commissioner of Education, the chair of the Board of
  137  Governors, the university presidents, or any of the sponsors may
  138  designate a specific individual to represent him or her at
  139  foundation board meetings. The foundation board members shall
  140  serve without compensation, but are entitled to reimbursement
  141  for travel and per diem expenses incurred in the performance of
  142  their duties in accordance with s. 112.061. The Institute of
  143  Science and Public Affairs at Florida State University, as
  144  created in s. 1004.58 and operating as Florida State University,
  145  shall provide operational management and administrative and
  146  support staff to the foundation.
  147         (5)(a) The following students are eligible as candidates
  148  for a Sure Futures Postgraduate Scholarship and thereby eligible
  149  to obtain a list of sponsors and the graduate degree programs
  150  for which such sponsors are seeking candidates:
  151         1. A student in his or her senior year who is an
  152  undergraduate student at a state university or a private college
  153  or university in the state.
  154         2. A student in his or her senior year who is an
  155  undergraduate student at an out-of-state college or university
  156  but who would otherwise qualify as a resident for purposes of
  157  in-state tuition if otherwise attending a state university.
  158         3. A graduate of a state university or a private college or
  159  university in the state who, within 12 months following
  160  graduation, intends to pursue a graduate degree program at a
  161  state university.
  162         (b) A student shall apply, using a standard application
  163  form, to the Sure Futures Foundation for designated Sure
  164  Futures-degreed programs at each state university to which the
  165  student has been admitted into a postgraduate program. A
  166  predetermined limit shall be established by the foundation board
  167  for the maximum number of applications a student may submit in a
  168  given scholarship cycle.
  169         (c) After the initial candidate screening and interview
  170  phase, a student selected to be offered a Sure Futures
  171  Postgraduate Scholarship shall be matched by the Sure Futures
  172  Foundation with a sponsor. The student and the sponsor shall
  173  sign a contract whereby the student agrees to borrow scholarship
  174  funds through the program, with a waiver-of-payment provision if
  175  a 4-year employment obligation is completed, and the sponsor
  176  agrees to provide a defined 4-year employment position in the
  177  state. For each year that the student is enrolled full time as a
  178  graduate student, the scholarship shall cover tuition, fees, and
  179  books for the degree program; health insurance with an option
  180  for the scholar to purchase additional coverage through a family
  181  plan for dependents; and room and board based on the university
  182  dormitory and meal-plan rate.
  183         (d) A student must maintain a minimum grade point average
  184  as determined by the sponsor.
  185         (e) If a student is unable to take a full load of
  186  coursework during a summer semester, the student may be required
  187  by the sponsor to participate in an internship program.
  188         (f) Upon graduation with an advanced degree, a graduate
  189  shall begin working for the sponsor and must remain employed in
  190  this state by the sponsor for a minimum of 4 years as stipulated
  191  in the contract.
  192         (g) If a student fails to maintain the required grade point
  193  average or the graduate terminates his or her employment before
  194  completing the 4-year obligation, a prorated portion of the
  195  scholarship shall convert to a low-interest loan administered by
  196  the Sure Futures Foundation.
  197         (h) The contract signed by the sponsor and the student must
  198  clearly state the terms of the loan, the company's expectations
  199  for the scholar's performance, employment requirements, and
  200  potential legal remedies if the terms and conditions of the
  201  contract are not met. The terms of such contract must include as
  202  a condition of the scholar accepting a match with a particular
  203  sponsor noncompetition, nonsolicitation, and nondisclosure
  204  provisions as required by the sponsor for up to 4 years
  205  following the scholar's completion of the postgraduate degree
  206  requirements.
  207         (6)(a) A sponsor desiring new employees having advanced
  208  degrees shall make a monetary contribution to the program in
  209  amounts equal to 50 percent of the total scholarship funds
  210  necessary for completing an eligible degree program pursuant to
  211  this section from which it wishes to draw students, plus an
  212  additional 3 percent per year for the degree program for the
  213  Sure Future Foundation to cover administrative costs of the Sure
  214  Futures Postgraduate Scholarship Program. Contributions shall be
  215  made in one lump-sum payment before the student begins
  216  postgraduate coursework. Such funds shall be matched by the
  217  state under its matching program as provided in s. 1011.94(2)
  218  and (3)(b)5. A sponsor may contribute one or more scholarships,
  219  but must offer employment in Florida for each scholar to which
  220  the sponsor is matched for the 4-year contracted employment
  221  period.
  222         (b) A sponsor may establish terms of sponsorship,
  223  including, but not limited to, the degree sought, minimum grade
  224  point average, and requirements regarding extracurricular
  225  activities.
  226         (c) A sponsor may select the state universities at which
  227  students may enroll or it may allow its scholarships to be
  228  available for study at any state university.
  229         (d) If a sponsor terminates a scholarship employee for
  230  reasons other than malfeasance, misfeasance, or nonfeasance
  231  before the employee completes the 4-year obligation, the
  232  employee is not required to repay the scholarship. A sponsor is
  233  encouraged to establish protocols to retain an employee before
  234  his or her termination.
  235         (7)(a) On behalf of the foundation, the Office of Student
  236  Financial Assistance of the Department of Education shall
  237  establish a central database of sponsors, the graduate degree
  238  programs for which the sponsors are seeking candidates, and
  239  student applicants and their profiles. For purposes of this
  240  section, the foundation, in consultation with the office, shall
  241  establish a standard application for use by all state
  242  universities.
  243         (b) On an annual basis, the Department of Education shall
  244  establish the amount necessary to cover the costs for degree
  245  programs for which sponsors may make contributions pursuant to
  246  this section.
  247         (8) Prepared documentation and electronic information
  248  regarding the program shall be made available through the
  249  appropriate office at each state university. As deemed
  250  appropriate by its administration, a state university may
  251  provide additional information or activities, such as providing
  252  one-on-one discussions with advisors, conducting seminars on the
  253  program, or working with companies in its service area to create
  254  scholarships through the program.
  255         (9) State agencies, local workforce boards, chambers of
  256  commerce, and Enterprise Florida, Inc., are strongly encouraged
  257  to promote participation in the program by sponsors and
  258  students.
  259         (10) The Department of Education shall adopt rules to
  260  administer this section, including rules establishing
  261  application forms.
  262         Section 3. There is appropriated in the form of a non
  263  interest loan from nonrecurring general revenue a sum not to
  264  exceed $300,000 to the Sure Futures Foundation to pay for costs
  265  associated with establishing and administering the foundation
  266  and the Sure Futures Postgraduate Scholarship Program. Such
  267  appropriation shall be repaid by the foundation on or before
  268  December 31, 2011.
  269         Section 4. This act shall take effect July 1, 2009.