Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 4
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  12/06/2017           .                                
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       The Committee on Appropriations (Galvano) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act shall be cited as the “Florida
    6  Excellence in Higher Education Act of 2018.”
    7         Section 2. Paragraph (b) of subsection (5) of section
    8  1001.706, Florida Statutes, is amended to read:
    9         1001.706 Powers and duties of the Board of Governors.—
   10         (5) POWERS AND DUTIES RELATING TO ACCOUNTABILITY.—
   11         (b) The Board of Governors shall develop a strategic plan
   12  specifying goals and objectives for the State University System
   13  and each constituent university, including each university’s
   14  contribution to overall system goals and objectives. The
   15  strategic plan must:
   16         1. Include performance metrics and standards common for all
   17  institutions and metrics and standards unique to institutions
   18  depending on institutional core missions, including, but not
   19  limited to, student admission requirements, retention,
   20  graduation, percentage of graduates who have attained
   21  employment, percentage of graduates enrolled in continued
   22  education, licensure passage, average wages of employed
   23  graduates, average cost per graduate, excess hours, student loan
   24  burden and default rates, faculty awards, total annual research
   25  expenditures, patents, licenses and royalties, intellectual
   26  property, startup companies, annual giving, endowments, and
   27  well-known, highly respected national rankings for institutional
   28  and program achievements.
   29         2. Consider reports and recommendations of the Higher
   30  Education Coordinating Council pursuant to s. 1004.015 and the
   31  Articulation Coordinating Committee pursuant to s. 1007.01.
   32         3. Include student enrollment and performance data
   33  delineated by method of instruction, including, but not limited
   34  to, traditional, online, and distance learning instruction.
   35         4. Include criteria for designating baccalaureate degree
   36  and master’s degree programs at specified universities as high
   37  demand programs of emphasis. Fifty percent of the criteria for
   38  designation as high-demand programs of emphasis must be based on
   39  achievement of performance outcome thresholds determined by the
   40  Board of Governors, and 50 percent of the criteria must be based
   41  on achievement of performance outcome thresholds specifically
   42  linked to:
   43         a. Job placement in employment of 36 hours or more per week
   44  and average full-time wages of graduates of the degree programs
   45  1 year and 5 years after graduation, based in part on data
   46  provided in the economic security report of employment and
   47  earning outcomes produced annually pursuant to s. 445.07.
   48         b. Data-driven gap analyses, conducted by the Board of
   49  Governors, of the state’s job market demands and the outlook for
   50  jobs that require a baccalaureate or higher degree. Each state
   51  university must use the gap analyses to identify internship
   52  opportunities for students to benefit from mentorship by
   53  industry experts, earn industry certifications, and become
   54  employed in high-demand fields.
   55         Section 3. Paragraph (d) of subsection (2), paragraph (c)
   56  of subsection (5), and subsections (6), (7), and (8) of section
   57  1001.7065, Florida Statutes, are amended to read:
   58         1001.7065 Preeminent state research universities program.—
   59         (2) ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—The
   60  following academic and research excellence standards are
   61  established for the preeminent state research universities
   62  program:
   63         (d) A 4-year graduation rate of 60 percent or higher for
   64  full-time, first-time-in-college students, as reported annually
   65  to the IPEDS. However, for the 2018 determination of a state
   66  university’s preeminence designation and the related
   67  distribution of the 2018-2019 fiscal year appropriation
   68  associated with preeminence and emerging preeminence, a
   69  university is considered to have satisfied this graduation rate
   70  measure by attaining a 6-year graduation rate of 70 percent or
   71  higher by October 1, 2017, for full-time, first-time-in-college
   72  students, as reported annually to the IPEDS and confirmed by the
   73  Board of Governors.
   74         (5) PREEMINENT STATE RESEARCH UNIVERSITIES PROGRAM
   75  SUPPORT.—
   76         (c) The award of funds under this subsection is contingent
   77  upon funding provided by the Legislature in the General
   78  Appropriations Act to support the preeminent state research
   79  universities program created under this section. Funding
   80  increases appropriated beyond the amounts funded in the previous
   81  fiscal year shall be distributed as follows:
   82         1. Each designated preeminent state research university
   83  that meets the criteria in paragraph (a) shall receive an equal
   84  amount of funding.
   85         2. Each designated emerging preeminent state research
   86  university that meets the criteria in paragraph (b) shall,
   87  beginning in the 2018-2019 fiscal year, receive an amount of
   88  funding that is equal to one-fourth one-half of the total
   89  increased amount awarded to each designated preeminent state
   90  research university.
   91         (6) PREEMINENT STATE RESEARCH UNIVERSITY SPECIAL COURSE
   92  REQUIREMENT AUTHORITY.—In order to provide a jointly shared
   93  educational experience, a university that is designated a
   94  preeminent state research university may require its incoming
   95  first-time-in-college students to take a six-credit set of
   96  unique courses specifically determined by the university and
   97  published on the university’s website. The university may
   98  stipulate that credit for such courses may not be earned through
   99  any acceleration mechanism pursuant to s. 1007.27 or s. 1007.271
  100  or any other transfer credit. All accelerated credits earned up
  101  to the limits specified in ss. 1007.27 and 1007.271 shall be
  102  applied toward graduation at the student’s request.
  103         (6)(7) PREEMINENT STATE RESEARCH UNIVERSITY FLEXIBILITY
  104  AUTHORITY.—The Board of Governors is encouraged to identify and
  105  grant all reasonable, feasible authority and flexibility to
  106  ensure that each designated preeminent state research university
  107  and each designated emerging preeminent state research
  108  university is free from unnecessary restrictions.
  109         (7)(8) PROGRAMS OF EXCELLENCE THROUGHOUT THE STATE
  110  UNIVERSITY SYSTEM.—The Board of Governors shall is encouraged to
  111  establish standards and measures whereby individual
  112  undergraduate, graduate, and professional degree programs in
  113  state universities which that objectively reflect national
  114  excellence can be identified and make recommendations to the
  115  Legislature by September 1, 2018, as to how any such programs
  116  could be enhanced and promoted.
  117         Section 4. Subsections (1), (2), and (4) of section
  118  1001.92, Florida Statutes, are amended to read:
  119         1001.92 State University System Performance-Based
  120  Incentive.—
  121         (1) A State University System Performance-Based Incentive
  122  shall be awarded to state universities using performance-based
  123  metrics adopted by the Board of Governors of the State
  124  University System. Beginning with the Board of Governors’
  125  determination of each university’s performance improvement and
  126  achievement ratings for 2018, and the related distribution of
  127  the 2018-2019 fiscal year appropriation, the performance-based
  128  metrics must include 4-year graduation rates; retention rates;
  129  postgraduation education rates; degree production;
  130  affordability; postgraduation employment and salaries, including
  131  wage thresholds that reflect the added value of a baccalaureate
  132  degree; access, with benchmarks that reward institutions with
  133  access rates at or above 50 percent; and other metrics approved
  134  by the board in a formally noticed meeting. The board shall
  135  adopt benchmarks to evaluate each state university’s performance
  136  on the metrics to measure the state university’s achievement of
  137  institutional excellence or need for improvement and minimum
  138  requirements for eligibility to receive performance funding.
  139         (2) Each fiscal year, the amount of funds available for
  140  allocation to the state universities based on the performance
  141  based funding model shall consist of the state’s investment in
  142  performance funding plus institutional investments consisting of
  143  funds deducted from the base funding of each state university in
  144  the State University System in an amount provided by the
  145  Legislature in the General Appropriations Act. The Board of
  146  Governors shall establish minimum performance funding
  147  eligibility thresholds for the state’s investment and the
  148  institutional investments. A state university that meets the
  149  minimum institutional investment eligibility threshold, but
  150  fails to meet the minimum state investment eligibility
  151  threshold, shall have its institutional investment restored but
  152  is ineligible for a share of the state’s investment in
  153  performance funding. The institutional investment shall be
  154  restored for each institution eligible for the state’s
  155  investment under the performance-based funding model.
  156         (4) Distributions of performance funding, as provided in
  157  this section, shall be made by the Legislature to each of the
  158  state universities listed in the Education and General
  159  Activities category in the General Appropriations Act.
  160         Section 5. Subsections (2), (3), and (4) and paragraph (b)
  161  of subsection (5) of section 1004.28, Florida Statutes, are
  162  amended to read:
  163         1004.28 Direct-support organizations; use of property;
  164  board of directors; activities; audit; facilities.—
  165         (2) USE OF PROPERTY.—
  166         (a) Each state university board of trustees is authorized
  167  to permit the use of property, facilities, and personal services
  168  at any state university by any university direct-support
  169  organization, and, subject to the provisions of this section,
  170  direct-support organizations may establish accounts with the
  171  State Board of Administration for investment of funds pursuant
  172  to part IV of chapter 218. Beginning July 1, 2023, a state
  173  university board of trustees may not permit any university
  174  direct-support organization to use personal services.
  175         (b) The board of trustees, in accordance with regulations
  176  rules and guidelines of the Board of Governors, shall prescribe
  177  by regulation rule conditions with which a university direct
  178  support organization must comply in order to use property,
  179  facilities, or personal services at any state university. Such
  180  regulations rules shall provide for budget and audit review and
  181  oversight by the board of trustees.
  182         (c) The board of trustees shall not permit the use of
  183  property, facilities, or personal services at any state
  184  university by any university direct-support organization that
  185  does not provide equal employment opportunities to all persons
  186  regardless of race, color, religion, gender, age, or national
  187  origin.
  188         (d) The board of trustees may not permit the use of state
  189  funds for travel expenses by any university direct-support
  190  organization.
  191         (3) BOARD OF DIRECTORS.—The chair of the university board
  192  of trustees shall may appoint at least one a representative to
  193  the board of directors and the executive committee of any
  194  direct-support organization established under this section. The
  195  president of the university for which the direct-support
  196  organization is established, or his or her designee, shall also
  197  serve on the board of directors and the executive committee of
  198  any direct-support organization established to benefit that
  199  university.
  200         (4) ACTIVITIES; RESTRICTION.—A university direct-support
  201  organization is prohibited from giving, either directly or
  202  indirectly, any gift to a political committee as defined in s.
  203  106.011 for any purpose other than those certified by a majority
  204  roll call vote of the governing board of the direct-support
  205  organization at a regularly scheduled meeting as being directly
  206  related to the educational mission of the university.
  207         (5) ANNUAL AUDIT; PUBLIC RECORDS EXEMPTION; PUBLIC MEETINGS
  208  EXEMPTION.—
  209         (b) All records of the organization other than the
  210  auditor’s report, management letter, any records related to the
  211  expenditure of state funds, any records related to the
  212  expenditure of private funds for travel, and any supplemental
  213  data requested by the Board of Governors, the university board
  214  of trustees, the Auditor General, and the Office of Program
  215  Policy Analysis and Government Accountability shall be
  216  confidential and exempt from s. 119.07(1).
  217         Section 6. Section 1004.6497, Florida Statutes, is created
  218  to read:
  219         1004.6497 World Class Faculty and Scholar Program.—
  220         (1) PURPOSE AND LEGISLATIVE INTENT.—The World Class Faculty
  221  and Scholar Program is established to fund, beginning in the
  222  2017-2018 fiscal year, and support the efforts of state
  223  universities to recruit and retain exemplary faculty and
  224  research scholars. It is the intent of the Legislature to
  225  elevate the national competitiveness of Florida’s state
  226  universities through faculty and scholar recruitment and
  227  retention.
  228         (2) INVESTMENTS.—Retention, recruitment, and recognition
  229  efforts, activities, and investments may include, but are not
  230  limited to, investments in research-centric cluster hires,
  231  faculty research and research commercialization efforts,
  232  instructional and research infrastructure, undergraduate student
  233  participation in research, professional development, awards for
  234  outstanding performance, and postdoctoral fellowships.
  235         (3) FUNDING AND USE.—Funding for the program shall be as
  236  provided by the Legislature. Each state university shall use the
  237  funds only for the purpose and investments authorized under this
  238  section. These funds may not be used to construct buildings.
  239         (4)ACCOUNTABILITY.—By March 15 of each year, the Board of
  240  Governors shall provide to the Governor, the President of the
  241  Senate, and the Speaker of the House of Representatives a report
  242  summarizing information from the universities in the State
  243  University System, including, but not limited to:
  244         (a)Specific expenditure information as it relates to the
  245  investments identified in subsection (2).
  246         (b)The impact of those investments in elevating the
  247  national competitiveness of the universities, specifically
  248  relating to:
  249         1. The success in recruiting research faculty and the
  250  resulting research funding;
  251         2. The 4-year graduation rate for undergraduate students;
  252         3. The number of undergraduate courses offered with fewer
  253  than 50 students; and
  254         4. The increase in national academic standing of targeted
  255  programs, specifically advancement in ranking of the targeted
  256  programs among top 50 universities in well-known and highly
  257  respected national public university rankings, including, but
  258  not limited to, the U.S. News and World Report rankings, which
  259  reflect national preeminence, using the most recent rankings.
  260         Section 7. Section 1004.6498, Florida Statutes, is created
  261  to read:
  262         1004.6498 State University Professional and Graduate Degree
  263  Excellence Program.—
  264         (1) PURPOSE.—The State University Professional and Graduate
  265  Degree Excellence Program is established to fund, beginning in
  266  the 2017-2018 fiscal year, and support the efforts of state
  267  universities to enhance the quality and excellence of
  268  professional and graduate schools and degree programs in
  269  medicine, law, and business and expand the economic impact of
  270  state universities.
  271         (2) INVESTMENTS.—Quality improvement efforts may include,
  272  but are not limited to, targeted investments in faculty,
  273  students, research, infrastructure, and other strategic
  274  endeavors to elevate the national and global prominence of state
  275  university medicine, law, and graduate-level business programs.
  276         (3) FUNDING AND USE.—Funding for the program shall be as
  277  provided by the Legislature. Each state university shall use the
  278  funds only for the purpose and investments authorized under this
  279  section. These funds may not be used to construct buildings.
  280         (4)ACCOUNTABILITY.—By March 15 of each year, the Board of
  281  Governors shall provide to the Governor, the President of the
  282  Senate, and the Speaker of the House of Representatives a report
  283  summarizing information from the universities in the State
  284  University System, including, but not limited to:
  285         (a)Specific expenditure information as it relates to the
  286  investments identified in subsection (2).
  287         (b)The impact of those investments in elevating the
  288  national and global prominence of the state university medicine,
  289  law, and graduate-level business programs, specifically relating
  290  to:
  291         1. The first-time pass rate on the United States Medical
  292  Licensing Examination;
  293         2. The first-time pass rate on The Florida Bar Examination;
  294         3. The percentage of graduates enrolled or employed at a
  295  wage threshold that reflects the added value of a graduate-level
  296  business degree;
  297         4. The advancement in the rankings of the state university
  298  medicine, law, and graduate-level programs in well-known and
  299  highly respected national graduate-level university rankings,
  300  including, but not limited to, the U.S. News and World Report
  301  rankings, which reflect national preeminence, using the most
  302  recent rankings; and
  303         5. The added economic benefit of the universities to the
  304  state.
  305         Section 8. Paragraph (c) of subsection (5) of section
  306  1008.30, Florida Statutes, is amended to read:
  307         1008.30 Common placement testing for public postsecondary
  308  education.—
  309         (5)
  310         (c) A university board of trustees may contract with a
  311  Florida College System institution board of trustees for the
  312  Florida College System institution to provide developmental
  313  education on the state university campus. Any state university
  314  in which the percentage of incoming students requiring
  315  developmental education equals or exceeds the average percentage
  316  of such students for the Florida College System may offer
  317  developmental education without contracting with a Florida
  318  College System institution; however, any state university
  319  offering college-preparatory instruction as of January 1, 1996,
  320  may continue to provide developmental education instruction as
  321  defined in s. 1008.02(1) such services.
  322         Section 9. Subsection (7) of section 1009.22, Florida
  323  Statutes, is amended to read:
  324         1009.22 Workforce education postsecondary student fees.—
  325         (7) Each district school board and Florida College System
  326  institution board of trustees is authorized to establish a
  327  separate fee for technology, not to exceed 5 percent of tuition
  328  per credit hour or credit-hour equivalent for resident students
  329  and not to exceed 5 percent of tuition and the out-of-state fee
  330  per credit hour or credit-hour equivalent for nonresident
  331  students. Revenues generated from the technology fee shall be
  332  used to enhance instructional technology resources for students
  333  and faculty and shall not be included in any award under the
  334  Florida Bright Futures Scholarship Program. Fifty percent of
  335  technology fee revenues may be pledged by a Florida College
  336  System institution board of trustees as a dedicated revenue
  337  source for the repayment of debt, including lease-purchase
  338  agreements, not to exceed the useful life of the asset being
  339  financed. Revenues generated from the technology fee may not be
  340  bonded.
  341         Section 10. Subsection (10) of section 1009.23, Florida
  342  Statutes, is amended to read:
  343         1009.23 Florida College System institution student fees.—
  344         (10) Each Florida College System institution board of
  345  trustees is authorized to establish a separate fee for
  346  technology, which may not exceed 5 percent of tuition per credit
  347  hour or credit-hour equivalent for resident students and may not
  348  exceed 5 percent of tuition and the out-of-state fee per credit
  349  hour or credit-hour equivalent for nonresident students.
  350  Revenues generated from the technology fee shall be used to
  351  enhance instructional technology resources for students and
  352  faculty. The technology fee may apply to both college credit and
  353  developmental education and shall not be included in any award
  354  under the Florida Bright Futures Scholarship Program. Fifty
  355  percent of technology fee revenues may be pledged by a Florida
  356  College System institution board of trustees as a dedicated
  357  revenue source for the repayment of debt, including lease
  358  purchase agreements, not to exceed the useful life of the asset
  359  being financed. Revenues generated from the technology fee may
  360  not be bonded.
  361         Section 11. Subsection (13), paragraph (r) of subsection
  362  (14), paragraphs (a) and (b) of subsection (15), paragraphs (a),
  363  (b), and (e) of subsection (16), and subsection (20) of section
  364  1009.24, Florida Statutes, are amended to read:
  365         1009.24 State university student fees.—
  366         (13) Each university board of trustees may establish a
  367  technology fee of up to 5 percent of the tuition per credit
  368  hour. The revenue from this fee shall be used to enhance
  369  instructional technology resources for students and faculty. The
  370  technology fee may not be included in any award under the
  371  Florida Bright Futures Scholarship Program established pursuant
  372  to ss. 1009.53-1009.538.
  373         (14) Except as otherwise provided in subsection (15), each
  374  university board of trustees is authorized to establish the
  375  following fees:
  376         (r) Traffic and parking fines, charges for parking decals,
  377  and transportation access fees. Only universitywide
  378  transportation access fees may be included in any state
  379  financial assistance award authorized under part III of this
  380  chapter, as specifically authorized by law or the General
  381  Appropriations Act.
  382  
  383  With the exception of housing rental rates and except as
  384  otherwise provided, fees assessed pursuant to paragraphs (h)-(s)
  385  shall be based on reasonable costs of services. The Board of
  386  Governors shall adopt regulations and timetables necessary to
  387  implement the fees and fines authorized under this subsection.
  388  The fees assessed under this subsection may be used for debt
  389  only as authorized under s. 1010.62.
  390         (15)(a) Unless otherwise required, a university board of
  391  trustees may adopt, and the Board of Governors may approve:
  392         1. A proposal from a university board of trustees to
  393  establish a new student fee that is not specifically authorized
  394  by this section.
  395         2. A proposal from a university board of trustees to
  396  increase the current cap for an existing fee authorized pursuant
  397  to paragraphs (14)(a)-(g).
  398         3.a. A proposal from a university board of trustees to
  399  implement flexible tuition policies, such as undergraduate or
  400  graduate block tuition, block tuition differential, or market
  401  tuition rates for graduate-level online courses or graduate
  402  level courses offered through a university’s continuing
  403  education program. A block tuition policy for resident
  404  undergraduate students or undergraduate-level courses must shall
  405  be based on the per-credit-hour undergraduate tuition
  406  established under subsection (4). A block tuition policy for
  407  nonresident undergraduate students must shall be based on the
  408  per-credit-hour undergraduate tuition and out-of-state fee
  409  established under subsection (4). Flexible tuition policies,
  410  including block tuition, may not increase the state’s fiscal
  411  liability or obligation.
  412         b. A block tuition policy, which must be adopted by each
  413  university board of trustees for implementation beginning in the
  414  fall 2018 academic semester. The policy must apply to the
  415  entering freshman class of full-time, first-time-in-college
  416  students and may be extended to include other enrolled students.
  417  The policy must, at a minimum:
  418         (I) Include block tuition and any required fees, including,
  419  but not limited to, tuition differential fees, activity and
  420  service fees, financial aid fees, capital improvement fees,
  421  athletic fees, health fees, and technology fees.
  422         (II) Require the university to maximize the application of
  423  appropriate accelerated credits to minimize unnecessary credits
  424  and excess hours.
  425         (III) Enable students to have the flexibility to earn at
  426  least 30 credits per academic year in any combination of fall,
  427  spring, and summer academic terms or semesters.
  428         (b) A proposal developed pursuant to paragraph (a) shall be
  429  submitted in accordance with the public notification
  430  requirements of subsection (20) and guidelines established by
  431  the Board of Governors. Approval by the Board of Governors of
  432  such proposals proposal must be made in accordance with the
  433  provisions of this subsection. Each state university board of
  434  trustees must, by April 1, 2018, submit to the Board of
  435  Governors its board-approved block tuition policy, adopted
  436  pursuant to subparagraph (a)3., along with information on the
  437  potential impact of the policy on students. By August 1, 2018,
  438  the Chancellor of the State University System must submit to the
  439  Governor, the President of the Senate, and the Speaker of the
  440  House of Representatives a summary report of such policies, the
  441  status of the board’s review and approval of such policies, and
  442  the board’s recommendations for improving block tuition and fee
  443  benefits for students.
  444         (16) Each university board of trustees may establish a
  445  tuition differential for undergraduate courses upon receipt of
  446  approval from the Board of Governors. However, beginning July 1,
  447  2014, the Board of Governors may only approve the establishment
  448  of or an increase in tuition differential for a state research
  449  university designated as a preeminent state research university
  450  pursuant to s. 1001.7065(3). The tuition differential shall
  451  promote improvements in the quality of undergraduate education
  452  and shall provide financial aid to undergraduate students who
  453  exhibit financial need.
  454         (a) Seventy percent of the revenues from the tuition
  455  differential shall be expended for purposes of undergraduate
  456  education. Such expenditures may include, but are not limited
  457  to, increasing course offerings, improving graduation rates,
  458  increasing the percentage of undergraduate students who are
  459  taught by faculty, decreasing student-faculty ratios, providing
  460  salary increases for faculty who have a history of excellent
  461  teaching in undergraduate courses, improving the efficiency of
  462  the delivery of undergraduate education through academic
  463  advisement and counseling, and reducing the percentage of
  464  students who graduate with excess hours. This expenditure for
  465  undergraduate education may not be used to pay the salaries of
  466  graduate teaching assistants. Except as otherwise provided in
  467  this subsection, the remaining 30 percent of the revenues from
  468  the tuition differential, or the equivalent amount of revenue
  469  from private sources, shall be expended to provide financial aid
  470  to undergraduate students who exhibit financial need, including
  471  students who are scholarship recipients under s. 1009.984, to
  472  meet the cost of university attendance. This expenditure for
  473  need-based financial aid shall not supplant the amount of need
  474  based aid provided to undergraduate students in the preceding
  475  fiscal year from financial aid fee revenues, the direct
  476  appropriation for financial assistance provided to state
  477  universities in the General Appropriations Act, or from private
  478  sources. The total amount of tuition differential waived under
  479  subparagraph (b)7. (b)8. may be included in calculating the
  480  expenditures for need-based financial aid to undergraduate
  481  students required by this subsection. If the entire tuition and
  482  fee costs of resident students who have applied for and received
  483  Pell Grant funds have been met and the university has excess
  484  funds remaining from the 30 percent of the revenues from the
  485  tuition differential required to be used to assist students who
  486  exhibit financial need, the university may expend the excess
  487  portion in the same manner as required for the other 70 percent
  488  of the tuition differential revenues.
  489         (b) Each tuition differential is subject to the following
  490  conditions:
  491         1. The tuition differential may be assessed on one or more
  492  undergraduate courses or on all undergraduate courses at a state
  493  university.
  494         2. The tuition differential may vary by course or courses,
  495  by campus or center location, and by institution. Each
  496  university board of trustees shall strive to maintain and
  497  increase enrollment in degree programs related to math, science,
  498  high technology, and other state or regional high-need fields
  499  when establishing tuition differentials by course.
  500         3. For each state university that is designated as a
  501  preeminent state research university by the Board of Governors,
  502  pursuant to s. 1001.7065, the aggregate sum of tuition and the
  503  tuition differential may be increased by no more than 6 percent
  504  of the total charged for the aggregate sum of these fees in the
  505  preceding fiscal year. The tuition differential may be increased
  506  if the university meets or exceeds performance standard targets
  507  for that university established annually by the Board of
  508  Governors for the following performance standards, amounting to
  509  no more than a 2-percent increase in the tuition differential
  510  for each performance standard:
  511         a. An increase in the 4-year 6-year graduation rate for
  512  full-time, first-time-in-college students, as reported annually
  513  to the Integrated Postsecondary Education Data System.
  514         b. An increase in the total annual research expenditures.
  515         c. An increase in the total patents awarded by the United
  516  States Patent and Trademark Office for the most recent years.
  517         4. The aggregate sum of undergraduate tuition and fees per
  518  credit hour, including the tuition differential, may not exceed
  519  the national average of undergraduate tuition and fees at 4-year
  520  degree-granting public postsecondary educational institutions.
  521         5. The tuition differential shall not be included in any
  522  award under the Florida Bright Futures Scholarship Program
  523  established pursuant to ss. 1009.53-1009.538.
  524         5.6. Beneficiaries having prepaid tuition contracts
  525  pursuant to s. 1009.98(2)(b) which were in effect on July 1,
  526  2007, and which remain in effect, are exempt from the payment of
  527  the tuition differential.
  528         6.7. The tuition differential may not be charged to any
  529  student who was in attendance at the university before July 1,
  530  2007, and who maintains continuous enrollment.
  531         7.8. The tuition differential may be waived by the
  532  university for students who meet the eligibility requirements
  533  for the Florida public student assistance grant established in
  534  s. 1009.50.
  535         8.9. Subject to approval by the Board of Governors, the
  536  tuition differential authorized pursuant to this subsection may
  537  take effect with the 2009 fall term.
  538         (e) The Board of Governors shall submit a report to the
  539  President of the Senate, the Speaker of the House of
  540  Representatives, and the Governor describing the implementation
  541  of the provisions of this subsection no later than February 1 of
  542  each year. The report shall summarize proposals received by the
  543  board during the preceding fiscal year and actions taken by the
  544  board in response to such proposals. In addition, the report
  545  shall provide the following information for each university that
  546  has been approved by the board to assess a tuition differential:
  547         1. The course or courses for which the tuition differential
  548  was assessed and the amount assessed.
  549         2. The total revenues generated by the tuition
  550  differential.
  551         3. With respect to waivers authorized under subparagraph
  552  (b)7. (b)8., the number of students eligible for a waiver, the
  553  number of students receiving a waiver, and the value of waivers
  554  provided.
  555         4. Detailed expenditures of the revenues generated by the
  556  tuition differential.
  557         5. Changes in retention rates, graduation rates, the
  558  percentage of students graduating with more than 110 percent of
  559  the hours required for graduation, pass rates on licensure
  560  examinations, the number of undergraduate course offerings, the
  561  percentage of undergraduate students who are taught by faculty,
  562  student-faculty ratios, and the average salaries of faculty who
  563  teach undergraduate courses.
  564         (20) Each state university shall publicly notice and notify
  565  all enrolled students of any proposal to change increase tuition
  566  or fees at least 28 days before its consideration at a board of
  567  trustees meeting. The notice must:
  568         (a) Include the date and time of the meeting at which the
  569  proposal will be considered.
  570         (b) Specifically outline the details of existing tuition
  571  and fees, the rationale for the proposed change increase, and
  572  how the funds from the proposed change increase will be used.
  573         (c) Be posted on the university’s website and issued in a
  574  press release.
  575         Section 12. Subsection (9) of section 1009.53, Florida
  576  Statutes, is amended to read:
  577         1009.53 Florida Bright Futures Scholarship Program.—
  578         (9) A student may use a Florida Academic Scholars an award
  579  for summer term enrollment beginning in the 2018 summer term, as
  580  funded by the Legislature. A student may use a Florida Medallion
  581  Scholars award for summer term enrollment beginning in the 2019
  582  summer term, as funded by the Legislature. A student may use
  583  other Florida Bright Futures Scholarship Program awards for
  584  summer term enrollment, if funded by the Legislature if funds
  585  are available.
  586         Section 13. Subsection (2) of section 1009.534, Florida
  587  Statutes, is amended to read:
  588         1009.534 Florida Academic Scholars award.—
  589         (2) A Florida Academic Scholar who is enrolled in a
  590  certificate, diploma, associate, or baccalaureate degree program
  591  at a public or nonpublic postsecondary education institution is
  592  eligible, beginning in the 2017-2018 academic year, for an award
  593  equal to the amount necessary to pay 100 percent of tuition and
  594  fees established under ss. 1009.22(3), (5), (6), and (7);
  595  1009.23(3), (4), (7), (8), (10), and (11); and 1009.24(4), (7)
  596  (13), (14)(r), and (16), as applicable, and is eligible for an
  597  additional $300 each fall and spring academic semester or the
  598  equivalent for textbooks, specified in the General
  599  Appropriations Act to assist with the payment of educational
  600  expenses.
  601         Section 14. Subsection (2) of section 1009.535, Florida
  602  Statutes, is amended to read:
  603         1009.535 Florida Medallion Scholars award.—
  604         (2) A Florida Medallion Scholar who is enrolled in a
  605  certificate, diploma, associate, or baccalaureate degree program
  606  at a public or nonpublic postsecondary education institution is
  607  eligible, beginning in the fall 2018 semester, for an award
  608  equal to the amount necessary to pay 75 percent of tuition and
  609  fees established under ss. 1009.22(3), (5), (6), and (7);
  610  1009.23(3), (4), (7), (8), (10), and (11); and 1009.24(4), (7)
  611  (13), (14)(r), and (16), as applicable specified in the General
  612  Appropriations Act to assist with the payment of educational
  613  expenses.
  614         Section 15. Subsections (1), (2), and (4) and paragraph (c)
  615  of subsection (5) of section 1009.701, Florida Statutes, are
  616  amended to read:
  617         1009.701 First Generation Matching Grant Program.—
  618         (1) The First Generation Matching Grant Program is created
  619  to enable each state university and Florida College System
  620  institution to provide donors with a matching grant incentive
  621  for contributions that will create grant-based student financial
  622  aid for undergraduate students who demonstrate financial need
  623  and whose parents, as defined in s. 1009.21(1), have not earned
  624  a baccalaureate degree. In the case of any individual who
  625  regularly resided with and received support from only one
  626  parent, an individual whose only such parent did not complete a
  627  baccalaureate degree would also be eligible.
  628         (2) Funds appropriated by the Legislature for the program
  629  shall be allocated by the Office of Student Financial Assistance
  630  to match private contributions on a dollar-for-dollar basis;
  631  however, beginning in the 2018-2019 fiscal year, such funds
  632  shall be allocated at a ratio of $2 of state funds to $1 of
  633  private contributions. Contributions made to a state university
  634  or a Florida College System institution and pledged for the
  635  purposes of this section are eligible for state matching funds
  636  appropriated for this program and are not eligible for any other
  637  state matching grant program. Pledged contributions are not
  638  eligible for matching prior to the actual collection of the
  639  total funds. The Office of Student Financial Assistance shall
  640  reserve a proportionate allocation of the total appropriated
  641  funds for each state university and Florida College System
  642  institution on the basis of full-time equivalent enrollment.
  643  Funds that remain unmatched as of December 1 shall be
  644  reallocated to state universities and colleges that have
  645  remaining unmatched private contributions for the program on the
  646  basis of full-time equivalent enrollment.
  647         (4) Each participating state university and Florida College
  648  System institution shall establish an application process,
  649  determine student eligibility for initial and renewal awards in
  650  conformance with subsection (5), identify the amount awarded to
  651  each recipient, and notify recipients of the amount of their
  652  awards.
  653         (5) In order to be eligible to receive a grant pursuant to
  654  this section, an applicant must:
  655         (c) Be accepted at a state university or Florida College
  656  System institution.
  657         Section 16. Subsections (2), (4), and (5) of section
  658  1009.893, Florida Statutes, are amended to read:
  659         1009.893 Benacquisto Scholarship Program.—
  660         (2) The Benacquisto Scholarship Program is created to
  661  reward a any Florida high school graduate who receives
  662  recognition as a National Merit Scholar or National Achievement
  663  Scholar and who initially enrolls in the 2014-2015 academic year
  664  or, later, in a baccalaureate degree program at an eligible
  665  Florida public or independent postsecondary educational
  666  institution.
  667         (4) In order to be eligible for an award under the
  668  scholarship program, a student must meet the requirements of
  669  paragraph (a) or paragraph (b).:
  670         (a) A student who is a resident of the state, Be a state
  671  resident as determined in s. 1009.40 and rules of the State
  672  Board of Education, must:;
  673         1.(b) Earn a standard Florida high school diploma or its
  674  equivalent pursuant to s. 1002.3105, s. 1003.4281, s. 1003.4282,
  675  or s. 1003.435 unless:
  676         a.1. The student completes a home education program
  677  according to s. 1002.41; or
  678         b.2. The student earns a high school diploma from a non
  679  Florida school while living with a parent who is on military or
  680  public service assignment out of this state;
  681         2.(c) Be accepted by and enroll in a Florida public or
  682  independent postsecondary educational institution that is
  683  regionally accredited; and
  684         3.(d) Be enrolled full-time in a baccalaureate degree
  685  program at an eligible regionally accredited Florida public or
  686  independent postsecondary educational institution during the
  687  fall academic term following high school graduation.
  688         (b)A student who initially enrolls in a baccalaureate
  689  degree program in the 2018-2019 academic year or later and who
  690  is not a resident of this state, as determined in s. 1009.40 and
  691  rules of the State Board of Education, must:
  692         1.Physically reside in this state on or near the campus of
  693  the postsecondary educational institution in which the student
  694  is enrolled;
  695         2. Earn a high school diploma from a school outside Florida
  696  which is comparable to a standard Florida high school diploma or
  697  its equivalent pursuant to s. 1002.3105, s. 1003.4281, s.
  698  1003.4282, or s. 1003.435 or must complete a home education
  699  program in another state; and
  700         3. Be accepted by and enrolled full-time in a baccalaureate
  701  degree program at an eligible regionally accredited Florida
  702  public or independent postsecondary educational institution
  703  during the fall academic term following high school graduation.
  704         (5)(a)1. An eligible student who meets the requirements of
  705  paragraph (4)(a), who is a National Merit Scholar or National
  706  Achievement Scholar, and who attends a Florida public
  707  postsecondary educational institution shall receive a
  708  scholarship award equal to the institutional cost of attendance
  709  minus the sum of the student’s Florida Bright Futures
  710  Scholarship and National Merit Scholarship or National
  711  Achievement Scholarship.
  712         2. An eligible student who meets the requirements under
  713  paragraph (4)(b), who is a National Merit Scholar, and who
  714  attends a Florida public postsecondary educational institution
  715  shall receive a scholarship award equal to the institutional
  716  cost of attendance for a resident of this state minus the
  717  student’s National Merit Scholarship. Such student is exempt
  718  from the payment of out-of-state fees.
  719         (b) An eligible student who is a National Merit Scholar or
  720  National Achievement Scholar and who attends a Florida
  721  independent postsecondary educational institution shall receive
  722  a scholarship award equal to the highest cost of attendance for
  723  a resident of this state enrolled at a Florida public
  724  university, as reported by the Board of Governors of the State
  725  University System, minus the sum of the student’s Florida Bright
  726  Futures Scholarship and National Merit Scholarship or National
  727  Achievement Scholarship.
  728         Section 17. Section 1009.894, Florida Statutes, is created
  729  to read:
  730         1009.894 Florida Farmworker Student Scholarship Program.
  731  The Legislature recognizes the vital contribution of farmworkers
  732  to the economy of this state. The Florida Farmworker Student
  733  Scholarship Program is created to provide scholarships for
  734  farmworkers, as defined in s. 420.503, and the children of such
  735  farmworkers.
  736         (1) The Department of Education shall administer the
  737  Florida Farmworker Student Scholarship Program according to
  738  rules and procedures established by the State Board of
  739  Education. Beginning in the 2017-2018 academic year, up to 50
  740  scholarships shall be awarded annually according to the criteria
  741  established in subsection (2) and contingent upon an
  742  appropriation by the Legislature.
  743         (2)(a) To be eligible for an initial scholarship, a student
  744  must, at a minimum:
  745         1. Have a resident status as required by s. 1009.40 and
  746  rules of the State Board of Education;
  747         2.Earn a minimum cumulative weighted grade point average
  748  of 3.5 for all high school courses creditable toward a diploma;
  749         3.Complete a minimum of 30 hours of community service; and
  750         4.Have at least a 90 percent attendance rate and not have
  751  had any disciplinary action brought against him or her, as
  752  documented on the student’s high school transcript.
  753  
  754  For purposes of this section, students who are undocumented for
  755  federal immigration purposes are not eligible for an award.
  756         (b) The department shall rank eligible initial applicants
  757  for the purposes of awarding scholarships based on need, as
  758  determined by the department.
  759         (c) To renew a scholarship awarded pursuant to this
  760  section, a student must maintain at least a cumulative grade
  761  point average of 2.5 or higher on a 4.0 scale for college
  762  coursework.
  763         (3) A scholarship recipient must enroll in a minimum of 12
  764  credit hours per term, or the equivalent, at a public
  765  postsecondary educational institution in this state to receive
  766  funding.
  767         (4) A scholarship recipient may receive an award for a
  768  maximum of 100 percent of the number of credit hours required to
  769  complete an associate or baccalaureate degree program or receive
  770  an award for a maximum of 100 percent of the credit hours or
  771  clock hours required to complete up to 90 credit hours of a
  772  program that terminates in a career certificate. The scholarship
  773  recipient is eligible for an award equal to the amount required
  774  to pay the tuition and fees established under ss. 1009.22(3),
  775  (5), (6), and (7); 1009.23(3), (4), (7), (8), (10), and (11);
  776  and 1009.24(4), (7)-(13), (14)(r), and (16), as applicable, at a
  777  public postsecondary educational institution in this state.
  778  Renewal scholarship awards must take precedence over new
  779  scholarship awards in a year in which funds are not sufficient
  780  to accommodate both initial and renewal awards. The scholarship
  781  must be prorated for any such year.
  782         (5)Subject to appropriation by the Legislature, the
  783  department shall annually issue awards from the scholarship
  784  program. Before the registration period each semester, the
  785  department shall transmit payment for each award to the
  786  president or director of the postsecondary educational
  787  institution, or his or her representative. However, the
  788  department may withhold payment if the receiving institution
  789  fails to submit the following reports or make the following
  790  refunds to the department:
  791         (a) Each institution shall certify to the department the
  792  eligibility status of each student to receive a disbursement
  793  within 30 days before the end of its regular registration
  794  period, inclusive of a drop and add period. An institution is
  795  not required to reevaluate the student eligibility after the end
  796  of the drop and add period.
  797         (b) An institution that receives funds from the scholarship
  798  program must certify to the department the amount of funds
  799  disbursed to each student and remit to the department any
  800  undisbursed advance within 60 days after the end of the regular
  801  registration period.
  802         (6) The department shall allocate funds to the appropriate
  803  institutions and collect and maintain data regarding the
  804  scholarship program within the student financial assistance
  805  database as specified in s. 1009.94.
  806         Section 18. Present paragraphs (e) and (f) of subsection
  807  (10) of section 1009.98, Florida Statutes, are redesignated as
  808  paragraphs (f) and (g), respectively, and a new paragraph (e) is
  809  added to that subsection, to read:
  810         1009.98 Stanley G. Tate Florida Prepaid College Program.—
  811         (10) PAYMENTS ON BEHALF OF QUALIFIED BENEFICIARIES.—
  812         (e) Notwithstanding the number of credit hours used by a
  813  state university to assess the amount for registration fees,
  814  tuition, tuition differential, or local fees, the amount paid by
  815  the board to any state university on behalf of a qualified
  816  beneficiary of an advance payment contract purchased before July
  817  1, 2024, may not exceed the number of credit hours taken by that
  818  qualified beneficiary at the state university.
  819         Section 19. The provisions of this act creating ss.
  820  1004.6497, 1004.6498, and 1009.894, Florida Statutes, and the
  821  provisions amending ss. 1009.22, 1009.23, 1009.24, 1009.53, and
  822  1009.534(2), Florida Statutes, apply retroactively to July 1,
  823  2017.
  824         Section 20. The Division of Law Revision and Information is
  825  directed to substitute the term “Effective Access to Student
  826  Education Grant Program” for “Florida Resident Access Grant
  827  Program” and the term “Effective Access to Student Education
  828  grant” for “Florida resident access grant” wherever those terms
  829  appear in the Florida Statutes.
  830         Section 21. For the 2018-2019 fiscal year, $129,292,554 in
  831  recurring funds from the Educational Enhancement Trust Fund and
  832  $1,736,404 in recurring funds from the General Revenue Fund are
  833  appropriated to the Department of Education to implement this
  834  act. Of these funds, $2,959,916 from the Educational Enhancement
  835  Trust Fund shall be used for 2019 summer term awards for Florida
  836  Bright Futures Academic Scholars, $27,582,720 from the
  837  Educational Enhancement Trust Fund shall be used for 2019 summer
  838  term awards for Florida Bright Futures Medallion Scholars,
  839  $98,749,918 from the Educational Enhancement Trust Fund shall be
  840  used for Florida Bright Futures Scholarship Program awards,
  841  $1,236,404 from the General Revenue Fund shall be used for the
  842  Benacquisto Scholarship Program, and $500,000 from the General
  843  Revenue Fund shall be used for the Florida Farmworker Student
  844  Scholarship Program.
  845         Section 22. This act shall take effect upon becoming a law.
  846  
  847  ================= T I T L E  A M E N D M E N T ================
  848  And the title is amended as follows:
  849         Delete everything before the enacting clause
  850  and insert:
  851                        A bill to be entitled                      
  852         An act relating to higher education; providing a short
  853         title; amending s. 1001.706, F.S.; requiring state
  854         universities to identify internship opportunities in
  855         high-demand fields; amending s. 1001.7065, F.S.;
  856         revising the preeminent state research universities
  857         program graduation rate requirements and funding
  858         distributions; specifying funding as provided by the
  859         Legislature; deleting the authority for such
  860         universities to stipulate a special course requirement
  861         for incoming students; requiring the Board of
  862         Governors to establish certain standards by a
  863         specified date; amending s. 1001.92, F.S.; requiring
  864         certain performance-based metrics to include specified
  865         graduation rates and access benchmarks; specifying
  866         funding as provided by the Legislature; amending s.
  867         1004.28, F.S.; directing a state university board of
  868         trustees to limit the services, activities, and
  869         expenses of its direct-support organizations;
  870         requiring the chair of the board of trustees to
  871         appoint at least one representative to the board of
  872         directors and executive committee of a university
  873         direct-support organization; requiring the disclosure
  874         of certain financial documents; creating s. 1004.6497,
  875         F.S.; establishing the World Class Faculty and Scholar
  876         Program; providing the purpose and intent; authorizing
  877         state university investments in certain faculty
  878         retention, recruitment, and recognition activities;
  879         specifying funding as provided by the Legislature;
  880         requiring an annual report to the Governor and the
  881         Legislature by a specified date; creating s.
  882         1004.6498, F.S.; establishing the State University
  883         Professional and Graduate Degree Excellence Program;
  884         providing the purpose; listing the quality improvement
  885         efforts that may be used to elevate the prominence of
  886         state university medicine, law, and graduate-level
  887         business programs; specifying funding as provided by
  888         the Legislature; requiring an annual report to the
  889         Governor and the Legislature by a specified date;
  890         amending s. 1008.30, F.S.; authorizing certain state
  891         universities to continue to provide developmental
  892         education instruction; amending s. 1009.22, F.S.;
  893         removing the prohibition on the inclusion of a
  894         technology fee in the funds for the Florida Bright
  895         Futures Scholarship Program award; amending s.
  896         1009.23, F.S.; removing the prohibition on the
  897         inclusion of a technology fee in the funds for the
  898         Florida Bright Futures Scholarship Program award;
  899         amending s. 1009.24, F.S.; removing the prohibition on
  900         the inclusion of a technology fee and a tuition
  901         differential fee in the funds for the Florida Bright
  902         Futures Scholarship Program award; requiring each
  903         state university board of trustees to implement a
  904         block tuition policy for specified undergraduate
  905         students beginning in a specified academic semester;
  906         requiring the Chancellor of the State University
  907         System to submit a report to the Governor and the
  908         Legislature by a specified date; amending s. 1009.53,
  909         F.S.; authorizing students to use certain Florida
  910         Bright Futures Scholarship Program awards for summer
  911         term enrollment beginning in specified years;
  912         specifying funding as provided by the Legislature;
  913         amending s. 1009.534, F.S.; specifying Florida
  914         Academic Scholars award amounts to cover tuition,
  915         fees, textbooks, and other educational expenses;
  916         amending s. 1009.535, F.S.; specifying Florida
  917         Medallion Scholars award amounts to cover specified
  918         tuition and fees; amending s. 1009.701, F.S.; revising
  919         the state-to-private match requirement for
  920         contributions to the First Generation Matching Grant
  921         Program beginning in a specified fiscal year;
  922         extending the program to include Florida College
  923         System institution students; amending s. 1009.893,
  924         F.S.; extending coverage of the Benacquisto
  925         Scholarship Program to include tuition and fees for
  926         qualified nonresident students; creating s. 1009.894,
  927         F.S.; creating the Florida Farmworker Student
  928         Scholarship Program; providing a purpose; requiring
  929         the Department of Education to administer the
  930         scholarship program; providing student eligibility
  931         criteria; specifying award amounts and distributions;
  932         amending s. 1009.98, F.S.; providing that certain
  933         payments from the Florida Prepaid College Board to a
  934         state university on behalf of a qualified beneficiary
  935         may not exceed a specified amount; providing for
  936         retroactive application; providing a directive to the
  937         Division of Law Revision and Information; providing
  938         appropriations; providing an effective date.