Florida Senate - 2014              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1148
       
       
       
       
       
                               Ì264136&Î264136                          
       
       576-02497-14                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Education)
    1                        A bill to be entitled                      
    2         An act relating to postsecondary education; amending
    3         s. 1001.03, F.S.; requiring the State Board of
    4         Education to review baccalaureate degree programs
    5         currently offered by Florida College System
    6         institutions, rather than proposed baccalaureate
    7         degree programs; amending s. 1001.60, F.S.; revising
    8         the purpose of the Florida College System with regard
    9         to baccalaureate degrees; conforming provisions to
   10         changes made by the act; deleting provisions that
   11         authorize a Florida College System institution to
   12         change its name; requiring a Florida College System
   13         institution authorized to offer a baccalaureate degree
   14         before a specified date to maintain an agreement with
   15         the State Board of Education; repealing s. 1004.32,
   16         F.S., relating to New College of Florida; amending s.
   17         1004.65, F.S.; revising a Florida College System
   18         institution’s primary responsibilities and secondary
   19         role as they relate to providing upper-level
   20         instruction and awarding baccalaureate degrees;
   21         authorizing a Florida College System institution to
   22         provide access to and award baccalaureate degrees for
   23         the completion of baccalaureate degree programs that
   24         are approved by the State Board of Education on or
   25         before a specified date; amending s. 1007.33, F.S.;
   26         prohibiting the State Board of Education from
   27         approving a Florida College System institution’s
   28         proposal to establish a new baccalaureate degree
   29         program after a specified date; deleting legislative
   30         intent relating to expanding access to baccalaureate
   31         degree programs through Florida College System
   32         institutions; authorizing a Florida College System
   33         institution to offer baccalaureate degree programs
   34         that are authorized by law before a specified date;
   35         deleting provisions relating to the authorization of
   36         the Board of Trustees of St. Petersburg College to
   37         establish certain baccalaureate degree programs and
   38         associate degree programs; deleting provisions
   39         relating to the approval process for proposed
   40         baccalaureate degree programs; conforming provisions
   41         to changes made by the act; amending s. 1009.22, F.S.;
   42         deleting a provision relating to the automatic rate of
   43         inflation increase in tuition and out-of-state fee per
   44         contact hour for workforce education programs;
   45         deleting a requirement that the Office of Economic and
   46         Demographic Research annually report the rate of
   47         inflation to the Governor, the Legislature, and the
   48         State Board of Education; deleting the definition of
   49         the term “rate of inflation”; amending s. 1009.23,
   50         F.S.; requiring the board of trustees of a Florida
   51         College System institution to establish tuition and
   52         out-of-state fees for upper-division courses in
   53         baccalaureate degree programs at the same rate as
   54         lower-division courses; deleting a provision relating
   55         to the automatic rate of inflation increase in tuition
   56         and out-of-state fees at Florida College System
   57         institutions; deleting a requirement that the Office
   58         of Economic and Demographic Research annually report
   59         the rate of inflation to the Governor, the
   60         Legislature, and the State Board of Education;
   61         deleting the definition of the term “rate of
   62         inflation”; amending s. 1009.24, F.S.; deleting a
   63         provision relating to the automatic rate of inflation
   64         increase in resident undergraduate tuition per credit
   65         hour at state universities; deleting a requirement
   66         that the Office of Economic and Demographic Research
   67         annually report the rate of inflation to the Governor,
   68         the Legislature, and the Board of Governors; deleting
   69         the definition of the term “rate of inflation”;
   70         revising the annual percentage increase allowed in the
   71         aggregate sum of tuition and the tuition differential
   72         at state universities; providing for retroactive
   73         application; providing an effective date.
   74          
   75  Be It Enacted by the Legislature of the State of Florida:
   76  
   77         Section 1. Subsection (15) of section 1001.03, Florida
   78  Statutes, is amended to read:
   79         1001.03 Specific powers of State Board of Education.—
   80         (15) FLORIDA COLLEGE SYSTEM INSTITUTION BACCALAUREATE
   81  DEGREE PROGRAMS.—The State Board of Education shall provide for
   82  the review and approval of proposals by Florida College System
   83  institution institutions to offer baccalaureate degree programs
   84  pursuant to s. 1007.33. A Florida College System institution, as
   85  defined in s. 1000.21 which, that is approved to offer
   86  baccalaureate degrees pursuant to s. 1007.33 remains under the
   87  authority of the State Board of Education and the Florida
   88  College System institution’s board of trustees.
   89         Section 2. Subsections (1) and (2) of section 1001.60,
   90  Florida Statutes, are amended to read:
   91         1001.60 Florida College System.—
   92         (1) PURPOSES.—In order to maximize open access for
   93  students, respond to community needs for postsecondary academic
   94  education and career degree education, and provide associate and
   95  baccalaureate degrees that will best meet the state’s employment
   96  needs, the Legislature establishes a system of governance for
   97  the Florida College System.
   98         (2) FLORIDA COLLEGE SYSTEM.—There shall be a single Florida
   99  College System comprised of the Florida College System
  100  institutions identified in s. 1000.21(3). A Florida College
  101  System institution may not offer graduate degree programs.
  102         (a) The programs and services offered by Florida College
  103  System institutions in providing associate and baccalaureate
  104  degrees authorized on or before March 31, 2014, and associate
  105  degrees shall be delivered in a cost-effective manner that
  106  demonstrates substantial savings to the student and to the state
  107  over the cost of providing the degree at a state university.
  108         (b)1.A With the approval of its district board of
  109  trustees, a Florida College System institution may change the
  110  institution’s name set forth in s. 1000.21(3) and use the
  111  designation “college” or “state college” if it has been
  112  authorized to grant baccalaureate degrees pursuant to s. 1007.33
  113  and has been accredited as a baccalaureate-degree-granting
  114  institution by the Commission on Colleges of the Southern
  115  Association of Colleges and Schools.
  116         2. With the approval of its district board of trustees, a
  117  Florida College System institution that does not meet the
  118  criteria in subparagraph 1. may request approval from the State
  119  Board of Education to change the institution’s name set forth in
  120  s. 1000.21(3) and use the designation “college.” The State Board
  121  of Education may approve the request if the Florida College
  122  System institution authorized to offer a baccalaureate degree on
  123  or before March 31, 2014, must maintain enters into an agreement
  124  with the State Board of Education to do the following:
  125         1.a. Maintain as its primary mission responsibility for
  126  responding to community needs for postsecondary academic
  127  education and career degree education as prescribed in s.
  128  1004.65(5).
  129         2.b. Maintain an open-door admissions policy for associate
  130  level degree programs and workforce education programs.
  131         3.c. Continue to provide outreach to underserved
  132  populations.
  133         4.d. Continue to provide remedial education.
  134         5.e. Comply with all provisions of the statewide
  135  articulation agreement that relate to 2-year and 4-year public
  136  degree-granting institutions as adopted by the State Board of
  137  Education pursuant to s. 1007.23.
  138         (c) A district board of trustees that approves a change to
  139  the name of an institution under paragraph (b) must seek
  140  statutory codification of such name change in s. 1000.21(3)
  141  during the next regular legislative session.
  142         (c)(d) A Florida College System institution may not use the
  143  designation “university.”
  144         Section 3. Section 1004.32, Florida Statutes, is repealed.
  145         Section 4. Paragraph (f) of subsection (5), subsection (6),
  146  and paragraph (d) of subsection (8) of section 1004.65, Florida
  147  Statutes, are amended to read:
  148         1004.65 Florida College System institutions; governance,
  149  mission, and responsibilities.—
  150         (5) The primary mission and responsibility of Florida
  151  College System institutions is responding to community needs for
  152  postsecondary academic education and career degree education.
  153  This mission and responsibility includes being responsible for:
  154         (f) Providing upper level instruction and awarding
  155  baccalaureate degrees as specifically authorized by law.
  156         (6) A separate and secondary role for Florida College
  157  System institutions includes the providing of upper level
  158  instruction, the awarding of baccalaureate degrees specifically
  159  authorized by law, and the offering of programs in:
  160         (a) Community services that are not directly related to
  161  academic or occupational advancement.
  162         (b) Adult education services, including adult basic
  163  education, adult general education, adult secondary education,
  164  and General Educational Development test instruction.
  165         (c) Recreational and leisure services.
  166         (8) Florida College System institutions are authorized to:
  167         (d) Provide access to and award baccalaureate degrees for
  168  the completion of baccalaureate degree programs that are
  169  approved by the State Board of Education on or before March 31,
  170  2014 in accordance with law.
  171  
  172  Authority to offer one or more baccalaureate degree programs
  173  does not alter the governance relationship of the Florida
  174  College System institution with its district board of trustees
  175  or the State Board of Education.
  176         Section 5. Section 1007.33, Florida Statutes, is amended to
  177  read:
  178         1007.33 Site-determined baccalaureate degree access.—
  179         (1)(a) The State Board of Education may not approve of a
  180  Florida College System institution’s proposal to establish a new
  181  baccalaureate degree program after March 31, 2014 Legislature
  182  recognizes that public and private postsecondary educational
  183  institutions play an essential role in improving the quality of
  184  life and economic well-being of the state and its residents. The
  185  Legislature also recognizes that economic development needs and
  186  the educational needs of place-bound, nontraditional students
  187  have increased the demand for local access to baccalaureate
  188  degree programs. It is therefore the intent of the Legislature
  189  to further expand access to baccalaureate degree programs
  190  through the use of Florida College System institutions.
  191         (b) For purposes of this section, the term “district”
  192  refers to the county or counties served by a Florida College
  193  System institution pursuant to s. 1000.21(3).
  194         (2) A Any Florida College System institution that offers
  195  one or more baccalaureate degree programs that are approved by
  196  the State Board of Education on or before March 31, 2014, must:
  197         (a) Maintain as its primary mission:
  198         1. Responsibility for responding to community needs for
  199  postsecondary academic education and career degree education as
  200  prescribed in s. 1004.65(5).
  201         2. The provision of associate degrees that provide access
  202  to a university.
  203         (b) Maintain an open-door admission policy for associate
  204  level degree programs and workforce education programs.
  205         (c) Continue to provide outreach to underserved
  206  populations.
  207         (d) Continue to provide remedial education.
  208         (e) Comply with all provisions of the statewide
  209  articulation agreement which relate to 2-year and 4-year public
  210  degree-granting institutions as adopted by the State Board of
  211  Education pursuant to s. 1007.23.
  212         (f) Not award graduate credit.
  213         (g) Not participate in intercollegiate athletics beyond the
  214  2-year level.
  215         (3) A Florida College System institution may not terminate
  216  its associate in arts or associate in science degree programs as
  217  a result of being authorized to offer one or more baccalaureate
  218  degree programs. The Legislature intends that the primary
  219  responsibility of a Florida College System institution,
  220  including a Florida College System institution that offers
  221  baccalaureate degree programs, continues to be the provision of
  222  associate degrees that provide access to a university.
  223         (4) A Florida College System institution may:
  224         (a) Offer specified baccalaureate degree programs through
  225  formal agreements between the Florida College System institution
  226  and other regionally accredited postsecondary educational
  227  institutions pursuant to s. 1007.22.
  228         (b) Offer baccalaureate degree programs that were approved
  229  by the State Board of Education on or before March 31, 2014
  230  authorized by law prior to July 1, 2009.
  231         (c) Beginning July 1, 2009, establish a first or subsequent
  232  baccalaureate degree program for purposes of meeting district,
  233  regional, or statewide workforce needs if approved by the State
  234  Board of Education under this section.
  235  
  236  Beginning July 1, 2009, the Board of Trustees of the St.
  237  Petersburg College is authorized to establish one or more
  238  bachelor of applied science degree programs based on an analysis
  239  of workforce needs in Pinellas, Pasco, and Hernando Counties and
  240  other counties approved by the Department of Education. For each
  241  program selected, St. Petersburg College must offer a related
  242  associate in science or associate in applied science degree
  243  program, and the baccalaureate degree level program must be
  244  designed to articulate fully with at least one associate in
  245  science degree program. The college is encouraged to develop
  246  articulation agreements for enrollment of graduates of related
  247  associate in applied science degree programs. The Board of
  248  Trustees of the St. Petersburg College is authorized to
  249  establish additional baccalaureate degree programs if it
  250  determines a program is warranted and feasible based on each of
  251  the factors in paragraph (5)(d). Prior to developing or
  252  proposing a new baccalaureate degree program, St. Petersburg
  253  College shall engage in need, demand, and impact discussions
  254  with the state university in its service district and other
  255  local and regional, accredited postsecondary providers in its
  256  region. Documentation, data, and other information from inter
  257  institutional discussions regarding program need, demand, and
  258  impact shall be provided to the college’s board of trustees to
  259  inform the program approval process. Employment at St.
  260  Petersburg College is governed by the same laws that govern
  261  Florida College System institutions, except that upper-division
  262  faculty are eligible for continuing contracts upon the
  263  completion of the fifth year of teaching. Employee records for
  264  all personnel shall be maintained as required by s. 1012.81.
  265         (5) The approval process for baccalaureate degree programs
  266  shall require:
  267         (a) Each Florida College System institution to submit a
  268  notice of its intent to propose a baccalaureate degree program
  269  to the Division of Florida Colleges at least 100 days before the
  270  submission of its proposal under paragraph (d). The notice must
  271  include a brief description of the program, the workforce demand
  272  and unmet need for graduates of the program to include evidence
  273  from entities independent of the institution, the geographic
  274  region to be served, and an estimated timeframe for
  275  implementation. Notices of intent may be submitted by a Florida
  276  College System institution at any time throughout the year. The
  277  notice must also include evidence that the Florida College
  278  System institution engaged in need, demand, and impact
  279  discussions with the state university and other regionally
  280  accredited postsecondary education providers in its service
  281  district.
  282         (b) The Division of Florida Colleges to forward the notice
  283  of intent within 10 business days after receiving such notice to
  284  the Chancellor of the State University System, the President of
  285  the Independent Colleges and Universities of Florida, and the
  286  Executive Director of the Commission for Independent Education.
  287  State universities shall have 60 days following receipt of the
  288  notice by the Chancellor of the State University System to
  289  submit objections to the proposed new program or submit an
  290  alternative proposal to offer the baccalaureate degree program.
  291  If a proposal from a state university is not received within the
  292  60-day period, the State Board of Education shall provide
  293  regionally accredited private colleges and universities 30 days
  294  to submit objections to the proposed new program or submit an
  295  alternative proposal. Objections or alternative proposals shall
  296  be submitted to the Division of Florida Colleges and must be
  297  considered by the State Board of Education in making its
  298  decision to approve or deny a Florida College System
  299  institution’s proposal.
  300         (c) An alternative proposal submitted by a state university
  301  or private college or university to adequately address:
  302         1. The extent to which the workforce demand and unmet need
  303  described in the notice of intent will be met.
  304         2. The extent to which students will be able to complete
  305  the degree in the geographic region proposed to be served by the
  306  Florida College System institution.
  307         3. The level of financial commitment of the college or
  308  university to the development, implementation, and maintenance
  309  of the specified degree program, including timelines.
  310         4. The extent to which faculty at both the Florida College
  311  System institution and the college or university will
  312  collaborate in the development and offering of the curriculum.
  313         5. The ability of the Florida College System institution
  314  and the college or university to develop and approve the
  315  curriculum for the specified degree program within 6 months
  316  after an agreement between the Florida College System
  317  institution and the college or university is signed.
  318         6. The extent to which the student may incur additional
  319  costs above what the student would expect to incur if the
  320  program were offered by the Florida College System institution.
  321         (d) Each proposal submitted by a Florida College System
  322  institution to, at a minimum, include:
  323         1. A description of the planning process and timeline for
  324  implementation.
  325         2. An analysis of workforce demand and unmet need for
  326  graduates of the program on a district, regional, or statewide
  327  basis, as appropriate, including evidence from entities
  328  independent of the institution.
  329         3. Identification of the facilities, equipment, and library
  330  and academic resources that will be used to deliver the program.
  331         4. The program cost analysis of creating a new
  332  baccalaureate degree when compared to alternative proposals and
  333  other program delivery options.
  334         5. The program’s admission requirements, academic content,
  335  curriculum, faculty credentials, student-to-teacher ratios, and
  336  accreditation plan.
  337         6. The program’s enrollment projections and funding
  338  requirements.
  339         7. A plan of action if the program is terminated.
  340         (e) The Division of Florida Colleges to review the
  341  proposal, notify the Florida College System institution of any
  342  deficiencies in writing within 30 days following receipt of the
  343  proposal, and provide the Florida College System institution
  344  with an opportunity to correct the deficiencies. Within 45 days
  345  following receipt of a completed proposal by the Division of
  346  Florida Colleges, the Commissioner of Education shall recommend
  347  approval or disapproval of the proposal to the State Board of
  348  Education. The State Board of Education shall consider such
  349  recommendation, the proposal, and any objections or alternative
  350  proposals at its next meeting. If the State Board of Education
  351  disapproves the Florida College System institution’s proposal,
  352  it shall provide the Florida College System institution with
  353  written reasons for that determination.
  354         (f) The Florida College System institution to obtain from
  355  the Commission on Colleges of the Southern Association of
  356  Colleges and Schools accreditation as a baccalaureate-degree
  357  granting institution if approved by the State Board of Education
  358  to offer its first baccalaureate degree program.
  359         (g) The Florida College System institution to notify the
  360  Commission on Colleges of the Southern Association of Colleges
  361  and Schools of subsequent degree programs that are approved by
  362  the State Board of Education and to comply with the
  363  association’s required substantive change protocols for
  364  accreditation purposes.
  365         (5)(h)A The Florida College System institution authorized
  366  to offer baccalaureate degrees must to annually, and upon
  367  request of the State Board of Education, the Commissioner of
  368  Education, the Chancellor of the Florida College System, or the
  369  Legislature, report its status using the following performance
  370  and compliance indicators:
  371         (a)1. Obtaining and maintaining appropriate Southern
  372  Association of Colleges and Schools accreditation;
  373         (b)2. Maintaining qualified faculty and institutional
  374  resources;
  375         (c)3. Maintaining enrollment in previously approved
  376  programs;
  377         (d)4. Managing fiscal resources appropriately;
  378         (e)5. Complying with the primary mission and responsibility
  379  requirements in subsections (1) and (2) and (3); and
  380         (f)6. Other indicators of success, including program
  381  completions, placements, and surveys of graduates and employers.
  382  
  383  The State Board of Education, upon review of the performance and
  384  compliance indicators specified in this subsection, may require
  385  a Florida College System institution’s board of trustees to
  386  modify or terminate a baccalaureate degree program authorized
  387  under this section.
  388         (6) The State Board of Education shall adopt rules to
  389  administer this section prescribe format and content
  390  requirements and submission procedures for notices of intent,
  391  proposals, alternative proposals, and compliance reviews under
  392  subsection (5).
  393         Section 6. Paragraph (d) of subsection (3) of section
  394  1009.22, Florida Statutes, is amended to read:
  395         1009.22 Workforce education postsecondary student fees.—
  396         (3)
  397         (d) Beginning with the 2008-2009 fiscal year and in the
  398  fall semester of each year thereafter, the rate for the tuition
  399  and the out-of-state fee per contact hour shall be increase at
  400  the beginning of each fall semester at a rate equal to
  401  inflation, unless otherwise provided in the General
  402  Appropriations Act. If the rate is not provided in the General
  403  Appropriations Act The Office of Economic and Demographic
  404  Research shall report the rate of inflation to the President of
  405  the Senate, the Speaker of the House of Representatives, the
  406  Governor, and the State Board of Education each year prior to
  407  March 1. For purposes of this paragraph, the rate of inflation
  408  shall be defined as the rate of the 12-month percentage change
  409  in the Consumer Price Index for All Urban Consumers, U.S. City
  410  Average, All Items, or successor reports as reported by the
  411  United States Department of Labor, Bureau of Labor Statistics,
  412  or its successor for December of the previous year. In the event
  413  the percentage change is negative, the tuition and out-of-state
  414  fee must shall remain at the same level as the prior fiscal
  415  year.
  416         Section 7. Paragraph (b) of subsection (2) and paragraph
  417  (c) of subsection (3) of section 1009.23, Florida Statutes, are
  418  amended to read:
  419         1009.23 Florida College System institution student fees.—
  420         (2)
  421         (b) Tuition and out-of-state fees for upper-division
  422  courses must reflect the fact that the Florida College System
  423  institution has a less expensive cost structure than that of a
  424  state university. Therefore, the board of trustees shall
  425  establish tuition and out-of-state fees for upper-division
  426  courses in baccalaureate degree programs approved pursuant to s.
  427  1007.33 at the same rate as lower-division courses unless
  428  otherwise established by law or consistent with law and proviso
  429  language in the General Appropriations Act. However, the board
  430  of trustees may vary tuition and out-of-state fees only as
  431  provided in subsection (6) and s. 1009.26(11).
  432         (3)
  433         (c) Beginning with the 2008-2009 fiscal year and in the
  434  fall semester of each year thereafter, the rate for the tuition
  435  and the out-of-state fee shall be increase at the beginning of
  436  each fall semester at a rate equal to inflation, unless
  437  otherwise provided in the General Appropriations Act. If the
  438  rate is not provided in the General Appropriations Act The
  439  Office of Economic and Demographic Research shall report the
  440  rate of inflation to the President of the Senate, the Speaker of
  441  the House of Representatives, the Governor, and the State Board
  442  of Education each year prior to March 1. For purposes of this
  443  paragraph, the rate of inflation shall be defined as the rate of
  444  the 12-month percentage change in the Consumer Price Index for
  445  All Urban Consumers, U.S. City Average, All Items, or successor
  446  reports as reported by the United States Department of Labor,
  447  Bureau of Labor Statistics, or its successor for December of the
  448  previous year. In the event the percentage change is negative,
  449  the tuition and the out-of-state fee per credit hour must shall
  450  remain at the same levels as the prior fiscal year.
  451         Section 8. Paragraph (b) of subsection (4) and paragraph
  452  (b) of subsection (16) of section 1009.24, Florida Statutes, are
  453  amended to read:
  454         1009.24 State university student fees.—
  455         (4)
  456         (b) Beginning with the 2008-2009 fiscal year and in the
  457  fall semester of each year thereafter, the rate for the resident
  458  undergraduate tuition per credit hour shall be increase at the
  459  beginning of each fall semester at a rate equal to inflation,
  460  unless otherwise provided in the General Appropriations Act. If
  461  the rate is not provided in the General Appropriations Act The
  462  Office of Economic and Demographic Research shall report the
  463  rate of inflation to the President of the Senate, the Speaker of
  464  the House of Representatives, the Governor, and the Board of
  465  Governors each year prior to March 1. For purposes of this
  466  paragraph, the rate of inflation shall be defined as the rate of
  467  the 12-month percentage change in the Consumer Price Index for
  468  All Urban Consumers, U.S. City Average, All Items, or successor
  469  reports as reported by the United States Department of Labor,
  470  Bureau of Labor Statistics, or its successor for December of the
  471  previous year. In the event the percentage change is negative,
  472  the resident undergraduate tuition must shall remain at the same
  473  level as the prior fiscal year.
  474         (16) Each university board of trustees may establish a
  475  tuition differential for undergraduate courses upon receipt of
  476  approval from the Board of Governors. The tuition differential
  477  must shall promote improvements in the quality of undergraduate
  478  education and shall provide financial aid to undergraduate
  479  students who exhibit financial need.
  480         (b) Each tuition differential is subject to the following
  481  conditions:
  482         1. The tuition differential may be assessed on one or more
  483  undergraduate courses or on all undergraduate courses at a state
  484  university.
  485         2. The tuition differential may vary by course or courses,
  486  campus or center location, and by institution. Each university
  487  board of trustees shall strive to maintain and increase
  488  enrollment in degree programs related to math, science, high
  489  technology, and other state or regional high-need fields when
  490  establishing tuition differentials by course.
  491         3. For each state university that has total research and
  492  development expenditures for all fields of at least $100 million
  493  per year as reported annually to the National Science
  494  Foundation, the aggregate sum of tuition and the tuition
  495  differential may not be increased by more than 6 15 percent of
  496  the total charged for the aggregate sum of these fees in the
  497  preceding fiscal year. For each state university that has total
  498  research and development expenditures for all fields of less
  499  than $100 million per year as reported annually to the National
  500  Science Foundation, the aggregate sum of tuition and the tuition
  501  differential may not be increased by more than 6 15 percent of
  502  the total charged for the aggregate sum of these fees in the
  503  preceding fiscal year.
  504         4. The aggregate sum of undergraduate tuition and fees per
  505  credit hour, including the tuition differential, may not exceed
  506  the national average of undergraduate tuition and fees at 4-year
  507  degree-granting public postsecondary educational institutions.
  508         5. The tuition differential may shall not be included in
  509  any award under the Florida Bright Futures Scholarship Program
  510  established pursuant to ss. 1009.53-1009.538.
  511         6. Beneficiaries having prepaid tuition contracts pursuant
  512  to s. 1009.98(2)(b) which were in effect on July 1, 2007, and
  513  which remain in effect, are exempt from the payment of the
  514  tuition differential.
  515         7. The tuition differential may not be charged to any
  516  student who was in attendance at the university before July 1,
  517  2007, and who maintains continuous enrollment.
  518         8. The tuition differential may be waived by the university
  519  for students who meet the eligibility requirements for the
  520  Florida public student assistance grant established in s.
  521  1009.50.
  522         9. Subject to approval by the Board of Governors, the
  523  tuition differential authorized pursuant to this subsection may
  524  take effect with the 2009 fall term.
  525         Section 9. This act shall take effect upon becoming a law
  526  and shall apply retroactively to March 31, 2014.