Florida Senate - 2014                             CS for SB 1148
       
       
        
       By the Committees on Appropriations; and Education
       
       
       
       
       
       576-03323-14                                          20141148c1
    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; amending s. 1009.55, F.S.;
   73         increasing the annual maximum number of scholarships
   74         that may be awarded in the Rosewood Family Scholarship
   75         Program; increasing the annual maximum award amount
   76         per student; creating s. 1009.893, F.S.; creating the
   77         Florida National Merit Scholar Incentive Program;
   78         defining terms; providing the purpose of the incentive
   79         program; requiring the Department of Education to
   80         administer the incentive program, advertise the
   81         availability of the incentive program, and notify
   82         students, teachers, parents, and school administrators
   83         about the incentive program’s criteria and application
   84         procedures; providing eligibility requirements for the
   85         incentive program; requiring certain students who are
   86         National Merit Scholars or National Achievement
   87         Scholars to receive certain incentive awards;
   88         providing eligibility requirements to renew an award;
   89         authorizing a student to receive an incentive award
   90         for certain maximum percentage amounts of the number
   91         of credit hours required to complete an associate
   92         degree, a baccalaureate degree, or a career
   93         certificate; requiring the department to issue awards
   94         from the incentive program and to transmit payment for
   95         each award; authorizing the department to withhold
   96         payment under certain circumstances; requiring
   97         institutions to certify to the department the
   98         eligibility status of each student to receive a
   99         disbursement of an award during a specified time;
  100         requiring the institution to certify to the department
  101         the disbursement amounts to each student and remit to
  102         the department undisbursed funds; providing for
  103         proration of funds; prohibiting use of funds for
  104         remedial coursework or developmental education;
  105         authorizing a student to use funds during the summer
  106         term under certain circumstances; authorizing
  107         incentive program funds appropriated by the
  108         Legislature to be deposited in the State Student
  109         Financial Assistance Trust Fund; providing for use of
  110         any remaining balance of appropriated funds in the
  111         trust fund; requiring the department to allocate funds
  112         to appropriate institutions and collect and maintain
  113         certain data regarding the incentive program;
  114         requiring the State Board of Education to adopt rules;
  115         providing for retroactive application; providing an
  116         effective date.
  117          
  118  Be It Enacted by the Legislature of the State of Florida:
  119  
  120         Section 1. Subsection (15) of section 1001.03, Florida
  121  Statutes, is amended to read:
  122         1001.03 Specific powers of State Board of Education.—
  123         (15) FLORIDA COLLEGE SYSTEM INSTITUTION BACCALAUREATE
  124  DEGREE PROGRAMS.—The State Board of Education shall provide for
  125  the review and approval of proposals by Florida College System
  126  institution institutions to offer baccalaureate degree programs
  127  pursuant to s. 1007.33. A Florida College System institution, as
  128  defined in s. 1000.21 which, that is approved to offer
  129  baccalaureate degrees pursuant to s. 1007.33 remains under the
  130  authority of the State Board of Education and the Florida
  131  College System institution’s board of trustees.
  132         Section 2. Subsections (1) and (2) of section 1001.60,
  133  Florida Statutes, are amended to read:
  134         1001.60 Florida College System.—
  135         (1) PURPOSES.—In order to maximize open access for
  136  students, respond to community needs for postsecondary academic
  137  education and career degree education, and provide associate and
  138  baccalaureate degrees that will best meet the state’s employment
  139  needs, the Legislature establishes a system of governance for
  140  the Florida College System.
  141         (2) FLORIDA COLLEGE SYSTEM.—There shall be a single Florida
  142  College System comprised of the Florida College System
  143  institutions identified in s. 1000.21(3). A Florida College
  144  System institution may not offer graduate degree programs.
  145         (a) The programs and services offered by Florida College
  146  System institutions in providing associate and baccalaureate
  147  degrees authorized on or before March 31, 2014, and associate
  148  degrees shall be delivered in a cost-effective manner that
  149  demonstrates substantial savings to the student and to the state
  150  over the cost of providing the degree at a state university.
  151         (b)1.A With the approval of its district board of
  152  trustees, a Florida College System institution may change the
  153  institution’s name set forth in s. 1000.21(3) and use the
  154  designation “college” or “state college” if it has been
  155  authorized to grant baccalaureate degrees pursuant to s. 1007.33
  156  and has been accredited as a baccalaureate-degree-granting
  157  institution by the Commission on Colleges of the Southern
  158  Association of Colleges and Schools.
  159         2. With the approval of its district board of trustees, a
  160  Florida College System institution that does not meet the
  161  criteria in subparagraph 1. may request approval from the State
  162  Board of Education to change the institution’s name set forth in
  163  s. 1000.21(3) and use the designation “college.” The State Board
  164  of Education may approve the request if the Florida College
  165  System institution authorized to offer a baccalaureate degree on
  166  or before March 31, 2014, must maintain enters into an agreement
  167  with the State Board of Education to do the following:
  168         1.a. Maintain as its primary mission responsibility for
  169  responding to community needs for postsecondary academic
  170  education and career degree education as prescribed in s.
  171  1004.65(5).
  172         2.b. Maintain an open-door admissions policy for associate
  173  level degree programs and workforce education programs.
  174         3.c. Continue to provide outreach to underserved
  175  populations.
  176         4.d. Continue to provide remedial education.
  177         5.e. Comply with all provisions of the statewide
  178  articulation agreement that relate to 2-year and 4-year public
  179  degree-granting institutions as adopted by the State Board of
  180  Education pursuant to s. 1007.23.
  181         (c) A district board of trustees that approves a change to
  182  the name of an institution under paragraph (b) must seek
  183  statutory codification of such name change in s. 1000.21(3)
  184  during the next regular legislative session.
  185         (c)(d) A Florida College System institution may not use the
  186  designation “university.”
  187         Section 3. Section 1004.32, Florida Statutes, is repealed.
  188         Section 4. Paragraph (f) of subsection (5), subsection (6),
  189  and paragraph (d) of subsection (8) of section 1004.65, Florida
  190  Statutes, are amended to read:
  191         1004.65 Florida College System institutions; governance,
  192  mission, and responsibilities.—
  193         (5) The primary mission and responsibility of Florida
  194  College System institutions is responding to community needs for
  195  postsecondary academic education and career degree education.
  196  This mission and responsibility includes being responsible for:
  197         (f) Providing upper level instruction and awarding
  198  baccalaureate degrees as specifically authorized by law.
  199         (6) A separate and secondary role for Florida College
  200  System institutions includes the providing of upper level
  201  instruction, the awarding of baccalaureate degrees specifically
  202  authorized by law, and the offering of programs in:
  203         (a) Community services that are not directly related to
  204  academic or occupational advancement.
  205         (b) Adult education services, including adult basic
  206  education, adult general education, adult secondary education,
  207  and General Educational Development test instruction.
  208         (c) Recreational and leisure services.
  209         (8) Florida College System institutions are authorized to:
  210         (d) Provide access to and award baccalaureate degrees for
  211  the completion of baccalaureate degree programs that are
  212  approved by the State Board of Education on or before March 31,
  213  2014 in accordance with law.
  214  
  215  Authority to offer one or more baccalaureate degree programs
  216  does not alter the governance relationship of the Florida
  217  College System institution with its district board of trustees
  218  or the State Board of Education.
  219         Section 5. Section 1007.33, Florida Statutes, is amended to
  220  read:
  221         1007.33 Site-determined baccalaureate degree access.—
  222         (1)(a) The State Board of Education may not approve of a
  223  Florida College System institution’s proposal to establish a new
  224  baccalaureate degree program after March 31, 2014 Legislature
  225  recognizes that public and private postsecondary educational
  226  institutions play an essential role in improving the quality of
  227  life and economic well-being of the state and its residents. The
  228  Legislature also recognizes that economic development needs and
  229  the educational needs of place-bound, nontraditional students
  230  have increased the demand for local access to baccalaureate
  231  degree programs. It is therefore the intent of the Legislature
  232  to further expand access to baccalaureate degree programs
  233  through the use of Florida College System institutions.
  234         (b) For purposes of this section, the term “district”
  235  refers to the county or counties served by a Florida College
  236  System institution pursuant to s. 1000.21(3).
  237         (2) A Any Florida College System institution that offers
  238  one or more baccalaureate degree programs that are approved by
  239  the State Board of Education on or before March 31, 2014, must:
  240         (a) Maintain as its primary mission:
  241         1. Responsibility for responding to community needs for
  242  postsecondary academic education and career degree education as
  243  prescribed in s. 1004.65(5).
  244         2. The provision of associate degrees that provide access
  245  to a university.
  246         (b) Maintain an open-door admission policy for associate
  247  level degree programs and workforce education programs.
  248         (c) Continue to provide outreach to underserved
  249  populations.
  250         (d) Continue to provide remedial education.
  251         (e) Comply with all provisions of the statewide
  252  articulation agreement which relate to 2-year and 4-year public
  253  degree-granting institutions as adopted by the State Board of
  254  Education pursuant to s. 1007.23.
  255         (f) Not award graduate credit.
  256         (g) Not participate in intercollegiate athletics beyond the
  257  2-year level.
  258         (3) A Florida College System institution may not terminate
  259  its associate in arts or associate in science degree programs as
  260  a result of being authorized to offer one or more baccalaureate
  261  degree programs. The Legislature intends that the primary
  262  responsibility of a Florida College System institution,
  263  including a Florida College System institution that offers
  264  baccalaureate degree programs, continues to be the provision of
  265  associate degrees that provide access to a university.
  266         (4) A Florida College System institution may:
  267         (a) Offer specified baccalaureate degree programs through
  268  formal agreements between the Florida College System institution
  269  and other regionally accredited postsecondary educational
  270  institutions pursuant to s. 1007.22.
  271         (b) Offer baccalaureate degree programs that were approved
  272  by the State Board of Education on or before March 31, 2014
  273  authorized by law prior to July 1, 2009.
  274         (c) Beginning July 1, 2009, establish a first or subsequent
  275  baccalaureate degree program for purposes of meeting district,
  276  regional, or statewide workforce needs if approved by the State
  277  Board of Education under this section.
  278  
  279  Beginning July 1, 2009, the Board of Trustees of the St.
  280  Petersburg College is authorized to establish one or more
  281  bachelor of applied science degree programs based on an analysis
  282  of workforce needs in Pinellas, Pasco, and Hernando Counties and
  283  other counties approved by the Department of Education. For each
  284  program selected, St. Petersburg College must offer a related
  285  associate in science or associate in applied science degree
  286  program, and the baccalaureate degree level program must be
  287  designed to articulate fully with at least one associate in
  288  science degree program. The college is encouraged to develop
  289  articulation agreements for enrollment of graduates of related
  290  associate in applied science degree programs. The Board of
  291  Trustees of the St. Petersburg College is authorized to
  292  establish additional baccalaureate degree programs if it
  293  determines a program is warranted and feasible based on each of
  294  the factors in paragraph (5)(d). Prior to developing or
  295  proposing a new baccalaureate degree program, St. Petersburg
  296  College shall engage in need, demand, and impact discussions
  297  with the state university in its service district and other
  298  local and regional, accredited postsecondary providers in its
  299  region. Documentation, data, and other information from inter
  300  institutional discussions regarding program need, demand, and
  301  impact shall be provided to the college’s board of trustees to
  302  inform the program approval process. Employment at St.
  303  Petersburg College is governed by the same laws that govern
  304  Florida College System institutions, except that upper-division
  305  faculty are eligible for continuing contracts upon the
  306  completion of the fifth year of teaching. Employee records for
  307  all personnel shall be maintained as required by s. 1012.81.
  308         (5) The approval process for baccalaureate degree programs
  309  shall require:
  310         (a) Each Florida College System institution to submit a
  311  notice of its intent to propose a baccalaureate degree program
  312  to the Division of Florida Colleges at least 100 days before the
  313  submission of its proposal under paragraph (d). The notice must
  314  include a brief description of the program, the workforce demand
  315  and unmet need for graduates of the program to include evidence
  316  from entities independent of the institution, the geographic
  317  region to be served, and an estimated timeframe for
  318  implementation. Notices of intent may be submitted by a Florida
  319  College System institution at any time throughout the year. The
  320  notice must also include evidence that the Florida College
  321  System institution engaged in need, demand, and impact
  322  discussions with the state university and other regionally
  323  accredited postsecondary education providers in its service
  324  district.
  325         (b) The Division of Florida Colleges to forward the notice
  326  of intent within 10 business days after receiving such notice to
  327  the Chancellor of the State University System, the President of
  328  the Independent Colleges and Universities of Florida, and the
  329  Executive Director of the Commission for Independent Education.
  330  State universities shall have 60 days following receipt of the
  331  notice by the Chancellor of the State University System to
  332  submit objections to the proposed new program or submit an
  333  alternative proposal to offer the baccalaureate degree program.
  334  If a proposal from a state university is not received within the
  335  60-day period, the State Board of Education shall provide
  336  regionally accredited private colleges and universities 30 days
  337  to submit objections to the proposed new program or submit an
  338  alternative proposal. Objections or alternative proposals shall
  339  be submitted to the Division of Florida Colleges and must be
  340  considered by the State Board of Education in making its
  341  decision to approve or deny a Florida College System
  342  institution’s proposal.
  343         (c) An alternative proposal submitted by a state university
  344  or private college or university to adequately address:
  345         1. The extent to which the workforce demand and unmet need
  346  described in the notice of intent will be met.
  347         2. The extent to which students will be able to complete
  348  the degree in the geographic region proposed to be served by the
  349  Florida College System institution.
  350         3. The level of financial commitment of the college or
  351  university to the development, implementation, and maintenance
  352  of the specified degree program, including timelines.
  353         4. The extent to which faculty at both the Florida College
  354  System institution and the college or university will
  355  collaborate in the development and offering of the curriculum.
  356         5. The ability of the Florida College System institution
  357  and the college or university to develop and approve the
  358  curriculum for the specified degree program within 6 months
  359  after an agreement between the Florida College System
  360  institution and the college or university is signed.
  361         6. The extent to which the student may incur additional
  362  costs above what the student would expect to incur if the
  363  program were offered by the Florida College System institution.
  364         (d) Each proposal submitted by a Florida College System
  365  institution to, at a minimum, include:
  366         1. A description of the planning process and timeline for
  367  implementation.
  368         2. An analysis of workforce demand and unmet need for
  369  graduates of the program on a district, regional, or statewide
  370  basis, as appropriate, including evidence from entities
  371  independent of the institution.
  372         3. Identification of the facilities, equipment, and library
  373  and academic resources that will be used to deliver the program.
  374         4. The program cost analysis of creating a new
  375  baccalaureate degree when compared to alternative proposals and
  376  other program delivery options.
  377         5. The program’s admission requirements, academic content,
  378  curriculum, faculty credentials, student-to-teacher ratios, and
  379  accreditation plan.
  380         6. The program’s enrollment projections and funding
  381  requirements.
  382         7. A plan of action if the program is terminated.
  383         (e) The Division of Florida Colleges to review the
  384  proposal, notify the Florida College System institution of any
  385  deficiencies in writing within 30 days following receipt of the
  386  proposal, and provide the Florida College System institution
  387  with an opportunity to correct the deficiencies. Within 45 days
  388  following receipt of a completed proposal by the Division of
  389  Florida Colleges, the Commissioner of Education shall recommend
  390  approval or disapproval of the proposal to the State Board of
  391  Education. The State Board of Education shall consider such
  392  recommendation, the proposal, and any objections or alternative
  393  proposals at its next meeting. If the State Board of Education
  394  disapproves the Florida College System institution’s proposal,
  395  it shall provide the Florida College System institution with
  396  written reasons for that determination.
  397         (f) The Florida College System institution to obtain from
  398  the Commission on Colleges of the Southern Association of
  399  Colleges and Schools accreditation as a baccalaureate-degree
  400  granting institution if approved by the State Board of Education
  401  to offer its first baccalaureate degree program.
  402         (g) The Florida College System institution to notify the
  403  Commission on Colleges of the Southern Association of Colleges
  404  and Schools of subsequent degree programs that are approved by
  405  the State Board of Education and to comply with the
  406  association’s required substantive change protocols for
  407  accreditation purposes.
  408         (5)(h)A The Florida College System institution authorized
  409  to offer baccalaureate degrees must to annually, and upon
  410  request of the State Board of Education, the Commissioner of
  411  Education, the Chancellor of the Florida College System, or the
  412  Legislature, report its status using the following performance
  413  and compliance indicators:
  414         (a)1. Obtaining and maintaining appropriate Southern
  415  Association of Colleges and Schools accreditation;
  416         (b)2. Maintaining qualified faculty and institutional
  417  resources;
  418         (c)3. Maintaining enrollment in previously approved
  419  programs;
  420         (d)4. Managing fiscal resources appropriately;
  421         (e)5. Complying with the primary mission and responsibility
  422  requirements in subsections (1) and (2) and (3); and
  423         (f)6. Other indicators of success, including program
  424  completions, placements, and surveys of graduates and employers.
  425  
  426  The State Board of Education, upon review of the performance and
  427  compliance indicators specified in this subsection, may require
  428  a Florida College System institution’s board of trustees to
  429  modify or terminate a baccalaureate degree program authorized
  430  under this section.
  431         (6) The State Board of Education shall adopt rules to
  432  administer this section prescribe format and content
  433  requirements and submission procedures for notices of intent,
  434  proposals, alternative proposals, and compliance reviews under
  435  subsection (5).
  436         Section 6. Paragraph (d) of subsection (3) of section
  437  1009.22, Florida Statutes, is amended to read:
  438         1009.22 Workforce education postsecondary student fees.—
  439         (3)
  440         (d) Beginning with the 2008-2009 fiscal year and in the
  441  fall semester of each year thereafter, the rate for the tuition
  442  and the out-of-state fee per contact hour shall be increase at
  443  the beginning of each fall semester at a rate equal to
  444  inflation, unless otherwise provided in the General
  445  Appropriations Act. If the rate is not provided in the General
  446  Appropriations Act The Office of Economic and Demographic
  447  Research shall report the rate of inflation to the President of
  448  the Senate, the Speaker of the House of Representatives, the
  449  Governor, and the State Board of Education each year prior to
  450  March 1. For purposes of this paragraph, the rate of inflation
  451  shall be defined as the rate of the 12-month percentage change
  452  in the Consumer Price Index for All Urban Consumers, U.S. City
  453  Average, All Items, or successor reports as reported by the
  454  United States Department of Labor, Bureau of Labor Statistics,
  455  or its successor for December of the previous year. In the event
  456  the percentage change is negative, the tuition and out-of-state
  457  fee must shall remain at the same level as the prior fiscal
  458  year.
  459         Section 7. Paragraph (b) of subsection (2) and paragraph
  460  (c) of subsection (3) of section 1009.23, Florida Statutes, are
  461  amended to read:
  462         1009.23 Florida College System institution student fees.—
  463         (2)
  464         (b) Tuition and out-of-state fees for upper-division
  465  courses must reflect the fact that the Florida College System
  466  institution has a less expensive cost structure than that of a
  467  state university. Therefore, the board of trustees shall
  468  establish tuition and out-of-state fees for upper-division
  469  courses in baccalaureate degree programs approved pursuant to s.
  470  1007.33 at the same rate as lower-division courses unless
  471  otherwise established by law or consistent with law and proviso
  472  language in the General Appropriations Act. However, the board
  473  of trustees may vary tuition and out-of-state fees only as
  474  provided in subsection (6) and s. 1009.26(11).
  475         (3)
  476         (c) Beginning with the 2008-2009 fiscal year and in the
  477  fall semester of each year thereafter, the rate for the tuition
  478  and the out-of-state fee shall be increase at the beginning of
  479  each fall semester at a rate equal to inflation, unless
  480  otherwise provided in the General Appropriations Act. If the
  481  rate is not provided in the General Appropriations Act The
  482  Office of Economic and Demographic Research shall report the
  483  rate of inflation to the President of the Senate, the Speaker of
  484  the House of Representatives, the Governor, and the State Board
  485  of Education each year prior to March 1. For purposes of this
  486  paragraph, the rate of inflation shall be defined as the rate of
  487  the 12-month percentage change in the Consumer Price Index for
  488  All Urban Consumers, U.S. City Average, All Items, or successor
  489  reports as reported by the United States Department of Labor,
  490  Bureau of Labor Statistics, or its successor for December of the
  491  previous year. In the event the percentage change is negative,
  492  the tuition and the out-of-state fee per credit hour must shall
  493  remain at the same levels as the prior fiscal year.
  494         Section 8. Paragraph (b) of subsection (4) and paragraph
  495  (b) of subsection (16) of section 1009.24, Florida Statutes, are
  496  amended to read:
  497         1009.24 State university student fees.—
  498         (4)
  499         (b) Beginning with the 2008-2009 fiscal year and in the
  500  fall semester of each year thereafter, the rate for the resident
  501  undergraduate tuition per credit hour shall be increase at the
  502  beginning of each fall semester at a rate equal to inflation,
  503  unless otherwise provided in the General Appropriations Act. If
  504  the rate is not provided in the General Appropriations Act The
  505  Office of Economic and Demographic Research shall report the
  506  rate of inflation to the President of the Senate, the Speaker of
  507  the House of Representatives, the Governor, and the Board of
  508  Governors each year prior to March 1. For purposes of this
  509  paragraph, the rate of inflation shall be defined as the rate of
  510  the 12-month percentage change in the Consumer Price Index for
  511  All Urban Consumers, U.S. City Average, All Items, or successor
  512  reports as reported by the United States Department of Labor,
  513  Bureau of Labor Statistics, or its successor for December of the
  514  previous year. In the event the percentage change is negative,
  515  the resident undergraduate tuition must shall remain at the same
  516  level as the prior fiscal year.
  517         (16) Each university board of trustees may establish a
  518  tuition differential for undergraduate courses upon receipt of
  519  approval from the Board of Governors. The tuition differential
  520  must shall promote improvements in the quality of undergraduate
  521  education and shall provide financial aid to undergraduate
  522  students who exhibit financial need.
  523         (b) Each tuition differential is subject to the following
  524  conditions:
  525         1. The tuition differential may be assessed on one or more
  526  undergraduate courses or on all undergraduate courses at a state
  527  university.
  528         2. The tuition differential may vary by course or courses,
  529  campus or center location, and by institution. Each university
  530  board of trustees shall strive to maintain and increase
  531  enrollment in degree programs related to math, science, high
  532  technology, and other state or regional high-need fields when
  533  establishing tuition differentials by course.
  534         3. For each state university that has total research and
  535  development expenditures for all fields of at least $100 million
  536  per year as reported annually to the National Science
  537  Foundation, the aggregate sum of tuition and the tuition
  538  differential may not be increased by more than 6 15 percent of
  539  the total charged for the aggregate sum of these fees in the
  540  preceding fiscal year. For each state university that has total
  541  research and development expenditures for all fields of less
  542  than $100 million per year as reported annually to the National
  543  Science Foundation, the aggregate sum of tuition and the tuition
  544  differential may not be increased by more than 6 15 percent of
  545  the total charged for the aggregate sum of these fees in the
  546  preceding fiscal year.
  547         4. The aggregate sum of undergraduate tuition and fees per
  548  credit hour, including the tuition differential, may not exceed
  549  the national average of undergraduate tuition and fees at 4-year
  550  degree-granting public postsecondary educational institutions.
  551         5. The tuition differential may shall not be included in
  552  any award under the Florida Bright Futures Scholarship Program
  553  established pursuant to ss. 1009.53-1009.538.
  554         6. Beneficiaries having prepaid tuition contracts pursuant
  555  to s. 1009.98(2)(b) which were in effect on July 1, 2007, and
  556  which remain in effect, are exempt from the payment of the
  557  tuition differential.
  558         7. The tuition differential may not be charged to any
  559  student who was in attendance at the university before July 1,
  560  2007, and who maintains continuous enrollment.
  561         8. The tuition differential may be waived by the university
  562  for students who meet the eligibility requirements for the
  563  Florida public student assistance grant established in s.
  564  1009.50.
  565         9. Subject to approval by the Board of Governors, the
  566  tuition differential authorized pursuant to this subsection may
  567  take effect with the 2009 fall term.
  568         Section 9. Subsection (1) and paragraph (a) of subsection
  569  (2) of section 1009.55, Florida Statutes, are amended to read:
  570         1009.55 Rosewood Family Scholarship Program.—
  571         (1) There is created a Rosewood Family Scholarship Program
  572  for the direct descendants of the Rosewood families, not to
  573  exceed 50 25 scholarships per year.
  574         (2) The Rosewood Family Scholarship Program shall be
  575  administered by the Department of Education. The State Board of
  576  Education shall adopt rules for administering this program which
  577  shall at a minimum provide for the following:
  578         (a) The annual award to a student shall be up to $6,100
  579  $4,000 but should not exceed an amount in excess of tuition and
  580  registration fees.
  581         Section 10. Section 1009.893, Florida Statutes, is created
  582  to read:
  583         1009.893 Florida National Merit Scholar Incentive Program.—
  584         (1) As used in this section, the term:
  585         (a) “Department” means the Department of Education.
  586         (b) “Incentive program” means the Florida National Merit
  587  Scholar Incentive Program.
  588         (2) The Florida National Merit Scholar Incentive Program is
  589  created to reward any Florida high school graduate who receives
  590  recognition as a National Merit Scholar or National Achievement
  591  Scholar and who initially enrolls in the 2014-2015 academic
  592  year, or later, in a degree program, certificate program, or
  593  applied technology program at an eligible Florida public or
  594  independent postsecondary educational institution.
  595         (3) The department shall administer the incentive program
  596  according to rules and procedures established by the State Board
  597  of Education. The department shall advertise the availability of
  598  the incentive program and notify students, teachers, parents,
  599  certified school counselors, and principals or other relevant
  600  school administrators of the criteria and application
  601  procedures.
  602         (4) In order to be eligible for an award under the
  603  incentive program, a student must:
  604         (a) Be a state resident as defined in s. 1009.40 and rules
  605  of the State Board of Education.
  606         (b)Earn a standard Florida high school diploma or its
  607  equivalent pursuant to s. 1003.428, s. 1003.4281, s. 1003.4282,
  608  or s. 1003.435 unless:
  609         1.The student completes a home education program according
  610  to s. 1002.41; or
  611         2.The student earns a high school diploma from a non
  612  Florida school while living with a parent or guardian who is on
  613  military or public service assignment away from this state.
  614         (c)Be accepted by and enroll in a Florida public or
  615  independent postsecondary educational institution that meets the
  616  eligibility requirements specified in s. 1009.533.
  617         (d)Be enrolled for at least 6 semester credit hours or the
  618  equivalent in quarter hours or clock hours.
  619         (5)(a) An eligible student who is a National Merit Scholar
  620  or National Achievement Scholar and who attends a public
  621  postsecondary educational institution must receive an incentive
  622  award equal to the institutional cost of attendance minus the
  623  sum of the student’s Florida Bright Futures Scholarship and
  624  National Merit Scholarship or National Achievement Scholarship.
  625         (b) An eligible student who is a National Merit Scholar or
  626  National Achievement Scholar and who attends an independent
  627  postsecondary educational institution must receive an incentive
  628  award equal to the highest cost of attendance at a Florida
  629  public university, as reported by the Board of Governors of the
  630  State University System, minus the sum of the student’s Florida
  631  Bright Futures Scholarship and National Merit Scholarship or
  632  National Achievement Scholarship.
  633         (6)(a) To be eligible for a renewal award, a student must
  634  meet the renewal requirements for the Florida Bright Futures
  635  Scholarship Program set forth in s. 1009.532(1)(a) and for the
  636  Florida Academic Scholars award set forth in s. 1009.534(3).
  637         (b) A student may receive the incentive award for a maximum
  638  of 100 percent of the number of credit hours required to
  639  complete an associate degree program or a baccalaureate degree
  640  program or receive an award for a maximum of 100 percent of the
  641  credit hours or clock hours required to complete up to 90 credit
  642  hours of a program that terminates in a career certificate.
  643         (7) The department shall annually issue awards from the
  644  incentive program. Before the registration period each semester,
  645  the department shall transmit payment for each award to the
  646  president or director of the postsecondary educational
  647  institution, or his or her representative, except that the
  648  department may withhold payment if the receiving institution
  649  fails to report or to make refunds to the department as required
  650  in this section.
  651         (a) Each institution shall certify to the department the
  652  eligibility status of each student to receive a disbursement
  653  within 30 days before the end of its regular registration
  654  period, inclusive of a drop and add period. An institution is
  655  not required to reevaluate the student eligibility after the end
  656  of the drop and add period.
  657         (b) An institution that receives funds from the incentive
  658  program must certify to the department the amount of funds
  659  disbursed to each student and remit to the department any
  660  undisbursed advances within 60 days after the end of regular
  661  registration.
  662         (c) If funds appropriated are not adequate to provide the
  663  maximum allowable award to each eligible student, awards must be
  664  prorated using the same percentage reduction.
  665         (8) Funds from any award within the incentive program may
  666  not be used to pay for remedial coursework or developmental
  667  education.
  668         (9) A student may use an award for a summer term if funds
  669  are available and appropriated by the Legislature.
  670         (10) Funds appropriated by the Legislature for the
  671  incentive program awards may be deposited into the State Student
  672  Financial Assistance Trust Fund. Notwithstanding s. 216.301 and
  673  pursuant to s. 216.351, any balance in the trust fund at the end
  674  of any fiscal year which has been allocated to the incentive
  675  program must remain in the incentive program and shall be
  676  available for carrying out the purposes of this section. The
  677  department shall allocate funds to the appropriate institutions
  678  and collect and maintain data regarding the incentive program
  679  within the student financial assistance database as specified in
  680  s. 1009.94.
  681         (11) The State Board of Education shall adopt rules
  682  necessary to administer this section.
  683         (12) Subsection (4) of s. 1009.40 does not apply to awards
  684  issued under this section.
  685         Section 11. This act shall take effect upon becoming a law
  686  and shall apply retroactively to March 31, 2014.