Florida Senate - 2020                                      SB 72
       
       
        
       By Senator Stargel
       
       
       
       
       
       22-01343B-20                                            202072__
    1                        A bill to be entitled                      
    2         An act relating to postsecondary education; amending
    3         s. 1001.03, F.S.; clarifying requirements for new
    4         construction, remodeling, or renovation projects;
    5         amending s. 1001.7065, F.S.; establishing state
    6         universities of distinction throughout the State
    7         University System; amending s. 1004.085, F.S.;
    8         requiring certain innovative pricing techniques and
    9         payment options to contain an opt-out provision;
   10         amending s. 1009.50, F.S.; requiring that grant awards
   11         administered through the Florida Public Student
   12         Assistance Grant Program not exceed a certain amount;
   13         providing that students who receive a grant award in
   14         the fall or spring term may also receive an award in
   15         the summer term, subject to availability of funds;
   16         prohibiting institutions from dispensing grants to
   17         students whose expected family contribution exceeds a
   18         certain amount; requiring the formula used to
   19         distribute funds for the program to account for
   20         changes in the number of eligible students across all
   21         student assistance grant programs; requiring
   22         institutions to certify the amount of funds disbursed
   23         within a certain timeframe; requiring institutions to
   24         remit any undisbursed advances within a specified
   25         timeframe; providing an exception; requiring
   26         institutions that receive moneys through the program
   27         to submit to the department by a specified date a
   28         biennial report that includes a financial audit
   29         conducted by the Auditor General; authorizing the
   30         department to conduct its own annual or biennial audit
   31         under certain circumstances; authorizing the
   32         department to suspend or revoke an institution’s
   33         eligibility or request a refund of moneys overpaid to
   34         such institution under certain circumstances;
   35         providing a timeframe for such refunds; amending s.
   36         1009.505, F.S.; requiring that grant awards
   37         administered through the Florida Public Postsecondary
   38         Career Education Student Assistance Grant Program not
   39         exceed a certain amount; providing that students who
   40         receive a grant award in the fall or spring term may
   41         also receive an award in the summer term, subject to
   42         the availability of funds; requiring the formula used
   43         to distribute funds for the program to account for
   44         changes in the number of eligible students across all
   45         student assistance grant programs; requiring
   46         institutions to certify within a certain timeframe the
   47         amount of funds disbursed; requiring institutions to
   48         remit within a specified timeframe any undisbursed
   49         advances; providing an exception; requiring
   50         institutions that receive moneys through the program
   51         to submit to the department by a specified date a
   52         biennial report that includes a financial audit
   53         conducted by the Auditor General; authorizing the
   54         department to conduct its own annual or biennial audit
   55         under certain circumstances; authorizing the
   56         department to suspend or revoke an institution’s
   57         eligibility or to request a refund of moneys overpaid
   58         to such institution under certain circumstances;
   59         authorizing funds appropriated for state student
   60         assistance grants to be deposited in a specified trust
   61         fund; requiring that any balance in the trust fund at
   62         the end of a fiscal year which has been allocated to
   63         the Florida Public Postsecondary Career Education
   64         Student Assistance Grant Program remain therein,
   65         subject to certain statutory exceptions; amending s.
   66         1009.51, F.S.; requiring that grant awards
   67         administered through the Florida Private Student
   68         Assistance Grant Program not exceed a certain amount;
   69         providing that students who receive an award in the
   70         fall or spring term may also receive an award in the
   71         summer term, subject to the availability of funds;
   72         prohibiting institutions from dispensing grants to
   73         students whose expected family contribution exceeds a
   74         certain amount; requiring the formula used to
   75         distribute funds for the program to account for
   76         changes in the number of eligible students across all
   77         student assistance grant programs; requiring
   78         institutions to certify within a certain timeframe the
   79         amount of funds disbursed; requiring institutions to
   80         remit within a specified timeframe any undisbursed
   81         advances; providing an exception; revising a
   82         requirement for a biennial report; amending s.
   83         1009.52, F.S.; requiring that grants administered
   84         through the Florida Postsecondary Student Assistance
   85         Grant Program not exceed a certain amount; providing
   86         that students who receive a grant award in the fall or
   87         spring term may also receive an award in the summer
   88         term, subject to the availability of funds;
   89         prohibiting institutions from dispensing grants to
   90         students whose expected family contribution exceeds a
   91         certain amount; requiring the formula used to
   92         distribute funds for the program to account for
   93         changes in the number of eligible students across all
   94         student assistance grant programs; requiring
   95         institutions to certify within a certain timeframe the
   96         amount of funds disbursed; requiring institutions to
   97         remit within a specified timeframe any undisbursed
   98         advances; providing an exception; revising a
   99         requirement for a biennial report; amending s.
  100         1009.893, F.S.; specifying eligibility for initial
  101         awards under the Benacquisto Scholarship Program;
  102         revising requirements for a student to receive a
  103         renewal award; providing a timeframe within which
  104         students can receive an award; providing an exception
  105         to renewal requirements; amending s. 1011.45, F.S.;
  106         revising the date by which a spending plan must be
  107         submitted to a university’s board of trustees for
  108         approval; revising the date by which the Board of
  109         Governors must review and approve such spending plan;
  110         authorizing certain expenditures in a carry forward
  111         spending plan to include a commitment of funds to a
  112         contingency reserve for certain purposes; amending s.
  113         1013.841, F.S.; revising the dates by which a spending
  114         plan must be submitted to a Florida College System
  115         institution’s board of trustees for approval; revising
  116         the dates by which the Board of Education shall review
  117         and publish such plans; authorizing certain
  118         expenditures in a carry forward spending plan to
  119         include a commitment of funds to a contingency reserve
  120         for certain purposes; repealing s. 11, chapter 2019
  121         116, Laws of Florida, relating to the scheduled
  122         reversion of provisions placing a limitation on the
  123         maximum amount of funding that may be appropriated for
  124         performance funding relating to funds for the
  125         operation of workforce education programs and industry
  126         certifications for Florida College System
  127         institutions; providing an effective date.
  128          
  129  Be It Enacted by the Legislature of the State of Florida:
  130  
  131         Section 1. Paragraph (c) of subsection (18) of section
  132  1001.03, Florida Statutes, is amended to read:
  133         1001.03 Specific powers of State Board of Education.—
  134         (18) PUBLIC EDUCATION CAPITAL OUTLAY.—The State Board of
  135  Education shall develop and submit the prioritized list required
  136  by s. 1013.64(4). Projects considered for prioritization shall
  137  be chosen from a preliminary selection group which shall include
  138  the list of projects maintained pursuant to paragraph (d) and
  139  the top two priorities of each Florida College System
  140  institution.
  141         (c) A new construction, remodeling, or renovation project
  142  that has not received an appropriation in a previous year shall
  143  not be considered for inclusion on the prioritized list required
  144  by s. 1013.64(4), unless:
  145         1. A plan is provided to reserve funds in an escrow
  146  account, specific to the project, into which shall be deposited
  147  each year an amount of funds equal to 0.5 percent of the total
  148  value of the building for future maintenance;
  149         2. There exists are sufficient capacity within the cash and
  150  bonding estimate of funds by the Revenue Estimating Conference
  151  to accommodate the project excess funds from the allocation
  152  provided pursuant to s. 1013.60 within the 3-year Public
  153  Education Capital Outlay funding cycle planning period which are
  154  not needed to complete the projects listed pursuant to paragraph
  155  (d); and
  156         3. The project has been recommended pursuant to s. 1013.31.
  157         Section 2. Subsection (7) of section 1001.7065, Florida
  158  Statutes, is amended to read:
  159         1001.7065 Preeminent state research universities program.—
  160         (7) STATE UNIVERSITIES PROGRAMS OF DISTINCTION EXCELLENCE
  161  THROUGHOUT THE STATE UNIVERSITY SYSTEM.—The Board of Governors
  162  shall establish standards and measures whereby state
  163  universities that focus on one core competency unique to the
  164  State University System which achieve excellence at the national
  165  or state level, meet state workforce needs, and foster an
  166  innovation economy that focuses on areas such as health care,
  167  security, transportation, and science, technology, engineering,
  168  and mathematics (STEM), including supply chain management,
  169  individual undergraduate, graduate, and professional degree
  170  programs in state universities which objectively reflect
  171  national excellence can be identified. The Board of Governors
  172  may annually submit such programs and make recommendations to
  173  the Legislature by January September 1 for funding, 2018, as to
  174  how any such programs could be enhanced and promoted.
  175         Section 3. Subsection (4) of section 1004.085, Florida
  176  Statutes, is amended to read:
  177         1004.085 Textbook and instructional materials
  178  affordability.—
  179         (4) Each Florida College System institution and state
  180  university board of trustees is authorized to adopt policies in
  181  consultation with providers, including bookstores, which allow
  182  for the use of innovative pricing techniques and payment options
  183  for textbooks and instructional materials. Such policies may
  184  include bulk pricing arrangements that enable students to
  185  purchase course materials or texts that are delivered digitally;
  186  delivered through other technologies that are, or the licenses
  187  of which are, required for use within a course; or delivered in
  188  a print format. Innovative pricing techniques and payment
  189  options must include an opt-in or opt-out provision for students
  190  and may be approved only if there is documented evidence that
  191  the options reduce the cost of textbooks and instructional
  192  materials for students taking a course.
  193         Section 4. Section 1009.50, Florida Statutes, is amended to
  194  read:
  195         1009.50 Florida Public Student Assistance Grant Program;
  196  eligibility for grants.—
  197         (1) There is hereby created a Florida Public Student
  198  Assistance Grant Program. The program shall be administered by
  199  the participating institutions in accordance with rules of the
  200  state board.
  201         (2)(a) State student assistance grants through the program
  202  may be made only to degree-seeking students who enroll in at
  203  least 6 semester hours, or the equivalent per term, and who meet
  204  the general requirements for student eligibility as provided in
  205  s. 1009.40, except as otherwise provided in this section. The
  206  grants shall be awarded annually for the amount of demonstrated
  207  unmet need for the cost of education and may not exceed the
  208  maximum annual award an amount equal to the average prior
  209  academic year cost of tuition fees and other registration fees
  210  for 30 credit hours at state universities or such other amount
  211  as specified in the General Appropriations Act, to any
  212  recipient. A demonstrated unmet need of less than $200 shall
  213  render the applicant ineligible for a state student assistance
  214  grant. Recipients of the grants must have been accepted at a
  215  state university or Florida College System institution
  216  authorized by Florida law. If funds are available, a student who
  217  received an award in the fall or spring term may receive a
  218  summer award. A student is eligible for the award for 110
  219  percent of the number of credit hours required to complete the
  220  program in which enrolled, except as otherwise provided in s.
  221  1009.40(3).
  222         (b) A student applying for a Florida public student
  223  assistance grant shall be required to apply for the Pell Grant.
  224  The Pell Grant entitlement shall be considered when conducting
  225  an assessment of the financial resources available to each
  226  student.
  227         (c) Priority in the distribution of grant moneys shall be
  228  given to students with the lowest total family resources, in
  229  accordance with a nationally recognized system of need analysis.
  230  Using the system of need analysis, the department shall
  231  establish a maximum expected family contribution. An institution
  232  may not make a grant from this program to a student whose
  233  expected family contribution exceeds one and one-half times the
  234  maximum Pell Grant-eligible family contribution level
  235  established by the department. An institution may not impose
  236  additional criteria to determine a student’s eligibility to
  237  receive a grant award.
  238         (d) Each participating institution shall report, to the
  239  department by the established date, the eligible students
  240  eligible for the program for to whom grant moneys are disbursed
  241  each academic term. Each institution shall also report to the
  242  department necessary demographic and eligibility data for such
  243  students.
  244         (3) Based on the unmet financial need of an eligible
  245  applicant, the amount of a Florida public student assistance
  246  grant must be between $200 and the weighted average of the cost
  247  of tuition and other registration fees for 30 credit hours at
  248  state universities per academic year or the amount specified in
  249  the General Appropriations Act.
  250         (4)(a) The funds appropriated for the Florida Public
  251  Student Assistance Grant shall be distributed to eligible
  252  institutions in accordance with a formula approved by the State
  253  Board of Education. The formula shall consider at least the
  254  prior year’s distribution of funds, the number of full-time
  255  eligible applicants who did not receive awards, the
  256  standardization of the expected family contribution, and
  257  provisions for unused funds. The formula shall account for
  258  changes in the number of eligible students across all student
  259  assistance grant programs established pursuant to this section
  260  and ss. 1009.505, 1009.51, and 1009.52.
  261         (b) Payment of Florida public student assistance grants
  262  shall be transmitted to the president of the state university or
  263  Florida College System institution, or to his or her
  264  representative, in advance of the registration period.
  265  Institutions shall notify students of the amount of their
  266  awards.
  267         (c) The eligibility status of each student to receive a
  268  disbursement shall be determined by each institution as of the
  269  end of its regular registration period, inclusive of a drop-add
  270  period. Institutions shall not be required to reevaluate a
  271  student’s eligibility status after this date for purposes of
  272  changing eligibility determinations previously made.
  273         (d) Institutions shall certify to the department within 30
  274  days after the end of regular registration each term the amount
  275  of funds disbursed to each student and shall remit to the
  276  department any undisbursed advances within 60 days after the end
  277  of regular registration each spring term any advances by June 1
  278  of each year. An exception to the remittance deadline may be
  279  granted if the institution documents to the department how it
  280  plans to disburse awards to students for the subsequent summer
  281  term. An institution that uses funds for the summer term shall
  282  certify to the department the amount of funds disbursed to each
  283  student and shall remit to the department any undisbursed
  284  advances within 30 days after the end of the summer term.
  285         (e) Each institution that receives moneys through the
  286  Florida Public Student Assistance Grant Program shall prepare a
  287  biennial report that includes a financial audit conducted by the
  288  Auditor General of the institution’s administration of the
  289  program and a complete accounting of moneys allocated to the
  290  institution for the program. Such report shall be submitted to
  291  the department by March 1 every other year. The department may
  292  conduct its own annual or biennial audit of an institution’s
  293  administration of the program and its allocated funds in lieu of
  294  the required biennial report and financial audit report. The
  295  department may suspend or revoke an institution’s eligibility to
  296  receive future moneys for the program or request a refund of any
  297  moneys overpaid to the institution for the program if the
  298  department finds that an institution has not complied with this
  299  section. Any refund requested pursuant to this paragraph shall
  300  be remitted within 60 days after notification by the department.
  301         (5) Funds appropriated by the Legislature for state student
  302  assistance grants may be deposited in the State Student
  303  Financial Assistance Trust Fund. Notwithstanding the provisions
  304  of s. 216.301 and pursuant to s. 216.351, any balance in the
  305  trust fund at the end of any fiscal year which has been
  306  allocated to the Florida Public Student Assistance Grant Program
  307  shall remain therein and shall be available for carrying out the
  308  purposes of this section.
  309         (6) The State Board of Education shall establish rules
  310  necessary to implement this section.
  311         Section 5.  Present subsections (5) and (6) of section
  312  1009.505, Florida Statutes, are redesignated as subsections (6)
  313  and (7), respectively, a new subsection (5) is added to that
  314  section, and subsections (3) and (4) of that section are
  315  amended, to read:
  316         1009.505 Florida Public Postsecondary Career Education
  317  Student Assistance Grant Program.—
  318         (3)(a) Student assistance grants through the program may be
  319  made only to certificate-seeking students enrolled at least
  320  half-time in a public postsecondary career certificate program
  321  who meet the general requirements for student eligibility as
  322  provided in s. 1009.40, except as otherwise provided in this
  323  section. The grants shall be awarded annually to any recipient
  324  for the amount of demonstrated unmet need for the cost of
  325  education and may not exceed the average annual cost of tuition
  326  and registration fees or such other amount as specified in the
  327  General Appropriations Act. A demonstrated unmet need of less
  328  than $200 shall render the applicant ineligible for a grant
  329  under this section. Recipients of the grants must have been
  330  accepted at a Florida College System institution authorized by
  331  Florida law or a career center operated by a district school
  332  board under s. 1001.44. If funds are available, a student who
  333  received an award in the fall or spring term may receive a
  334  summer award. A student is eligible for the award for 110
  335  percent of the number of clock hours required to complete the
  336  program in which enrolled.
  337         (b) A student applying for a Florida public postsecondary
  338  career education student assistance grant shall be required to
  339  apply for the Pell Grant. A Pell Grant entitlement shall be
  340  considered when conducting an assessment of the financial
  341  resources available to each student; however, a Pell Grant
  342  entitlement shall not be required as a condition of receiving a
  343  grant under this section.
  344         (c) Each participating institution shall report, to the
  345  department by the established date, the eligible students
  346  eligible for the program for to whom grant moneys are disbursed
  347  each academic term. Each institution shall also report to the
  348  department necessary demographic and eligibility data for such
  349  students.
  350         (4)(a) The funds appropriated for the Florida Public
  351  Postsecondary Career Education Student Assistance Grant Program
  352  shall be distributed to eligible Florida College System
  353  institutions and district school boards in accordance with a
  354  formula approved by the department. The formula shall account
  355  for changes in the number of eligible students across all
  356  student assistance grant programs established pursuant to this
  357  section and ss. 1009.50, 1009.51, and 1009.52.
  358         (b) Payment of Florida public postsecondary career
  359  education student assistance grants shall be transmitted to the
  360  president of the Florida College System institution or to the
  361  district school superintendent, or to the designee thereof, in
  362  advance of the registration period. Institutions shall notify
  363  students of the amount of their awards.
  364         (c) The eligibility status of each student to receive a
  365  disbursement shall be determined by each institution as of the
  366  end of its regular registration period, inclusive of a drop-add
  367  period. Institutions shall not be required to reevaluate a
  368  student’s eligibility status after this date for purposes of
  369  changing eligibility determinations previously made.
  370         (d) Participating institutions shall certify to the
  371  department within 30 days after the end of regular registration
  372  each term the amount of funds disbursed to each student and
  373  shall remit to the department any undisbursed advances within 60
  374  days after the end of regular registration each spring term by
  375  June 1 of each year. An exception to the remittance deadline may
  376  be granted if the institution documents to the department how it
  377  plans to disburse awards to students for the subsequent summer
  378  term. An institution that uses funds for the summer term shall
  379  certify to the department the amount of funds disbursed to each
  380  student and shall remit to the department any undisbursed
  381  advances within 30 days after the end of the summer term.
  382         (e) Each institution that receives moneys through the
  383  Florida Public Postsecondary Career Education Student Assistance
  384  Grant Program shall prepare a biennial report that includes a
  385  financial audit, conducted by the Auditor General, of the
  386  institution’s administration of the program and a complete
  387  accounting of moneys allocated to the institution for the
  388  program. Such report shall be submitted to the department by
  389  March 1 every other year. The department may conduct its own
  390  annual or biennial audit of an institution’s administration of
  391  the program and its allocated funds in lieu of the required
  392  biennial report and financial audit report. The department may
  393  suspend or revoke an institution’s eligibility to receive future
  394  moneys for the program or request a refund of any moneys
  395  overpaid to the institution if the department finds that an
  396  institution has not complied with this section. Any refund
  397  requested pursuant to this paragraph shall be remitted within 60
  398  days after notification by the department.
  399         (5) Funds appropriated by the Legislature for state student
  400  assistance grants may be deposited in the State Student
  401  Financial Assistance Trust Fund. Notwithstanding s. 216.301, and
  402  pursuant to s. 216.351, any balance in the trust fund at the end
  403  of any fiscal year which has been allocated to the Florida
  404  Public Postsecondary Career Education Student Assistance Grant
  405  Program shall remain therein and shall be available for carrying
  406  out the purposes of this section.
  407         Section 6. Section 1009.51, Florida Statutes, is amended to
  408  read:
  409         1009.51 Florida Private Student Assistance Grant Program;
  410  eligibility for grants.—
  411         (1) There is created a Florida Private Student Assistance
  412  Grant Program. The program shall be administered by the
  413  participating institutions in accordance with rules of the State
  414  Board of Education.
  415         (2)(a) Florida private student assistance grants from the
  416  State Student Financial Assistance Trust Fund may be made only
  417  to full-time degree-seeking students who meet the general
  418  requirements for student eligibility as provided in s. 1009.40,
  419  except as otherwise provided in this section. Such grants shall
  420  be awarded for the amount of demonstrated unmet need for tuition
  421  and fees and may not exceed the maximum annual award an amount
  422  equal to the average tuition and other registration fees for 30
  423  credit hours at state universities plus $1,000 per academic
  424  year, or as specified in the General Appropriations Act, to any
  425  applicant. A demonstrated unmet need of less than $200 shall
  426  render the applicant ineligible for a Florida private student
  427  assistance grant. Recipients of such grants must have been
  428  accepted at a baccalaureate-degree-granting independent
  429  nonprofit college or university, which is accredited by the
  430  Commission on Colleges of the Southern Association of Colleges
  431  and Schools and which is located in and chartered as a domestic
  432  corporation by the state. If funds are available, a student who
  433  received an award in the fall or spring term may receive a
  434  summer award. No student may receive an award for more than the
  435  equivalent of 9 semesters or 14 quarters of full-time
  436  enrollment, except as otherwise provided in s. 1009.40(3).
  437         (b) A student applying for a Florida private student
  438  assistance grant shall be required to apply for the Pell Grant.
  439  The Pell Grant entitlement shall be considered when conducting
  440  an assessment of the financial resources available to each
  441  student.
  442         (c) Priority in the distribution of grant moneys shall be
  443  given to students with the lowest total family resources, in
  444  accordance with a nationally recognized system of need analysis.
  445  Using the system of need analysis, the department shall
  446  establish a maximum expected family contribution. An institution
  447  may not make a grant from this program to a student whose
  448  expected family contribution exceeds one and one-half times the
  449  maximum Pell Grant-eligible family contribution level
  450  established by the department. An institution may not impose
  451  additional criteria to determine a student’s eligibility to
  452  receive a grant award.
  453         (d) Each participating institution shall report, to the
  454  department by the established date, the eligible students
  455  eligible for the program for to whom grant moneys are disbursed
  456  each academic term. Each institution shall also report to the
  457  department necessary demographic and eligibility data for such
  458  students.
  459         (3) Based on the unmet financial need of an eligible
  460  applicant, the amount of a Florida private student assistance
  461  grant must be between $200 and the average cost of tuition and
  462  other registration fees for 30 credit hours at state
  463  universities plus $1,000 per academic year or the amount
  464  specified in the General Appropriations Act.
  465         (4)(a) The funds appropriated for the Florida Private
  466  Student Assistance Grant shall be distributed to eligible
  467  institutions in accordance with a formula approved by the State
  468  Board of Education. The formula shall consider at least the
  469  prior year’s distribution of funds, the number of full-time
  470  eligible applicants who did not receive awards, the
  471  standardization of the expected family contribution, and
  472  provisions for unused funds. The formula shall account for
  473  changes in the number of eligible students across all student
  474  assistance grant programs established pursuant to this section
  475  and ss. 1009.50, 1009.505, and 1009.52.
  476         (b) Payment of Florida private student assistance grants
  477  shall be transmitted to the president of the college or
  478  university, or to his or her representative, in advance of the
  479  registration period. Institutions shall notify students of the
  480  amount of their awards.
  481         (c) The eligibility status of each student to receive a
  482  disbursement shall be determined by each institution as of the
  483  end of its regular registration period, inclusive of a drop-add
  484  period. Institutions shall not be required to reevaluate a
  485  student’s eligibility status after this date for purposes of
  486  changing eligibility determinations previously made.
  487         (d) Institutions shall certify to the department within 30
  488  days after the end of regular registration each term the amount
  489  of funds disbursed to each student and shall remit to the
  490  department any undisbursed advances within 60 days after the end
  491  of regular registration each spring term by June 1 of each year.
  492  An exception to the remittance deadline may be granted if the
  493  institution documents to the department how it plans to disburse
  494  awards to students for the subsequent summer term. An
  495  institution that uses funds for the summer term shall certify to
  496  the department the amount of funds disbursed to each student and
  497  shall remit to the department any undisbursed advances within 30
  498  days after the end of the summer term.
  499         (e) Each institution that receives moneys through the
  500  Florida Private Student Assistance Grant Program shall prepare a
  501  biennial report that includes a financial audit, conducted by an
  502  independent certified public accountant, of the institution’s
  503  administration of the program and a complete accounting of
  504  moneys in the State Student Financial Assistance Trust Fund
  505  allocated to the institution for the program. Such report shall
  506  be submitted to the department by March 1 every other year. The
  507  department may conduct its own annual or biennial audit of an
  508  institution’s administration of the program and its allocated
  509  funds in lieu of the required biennial report and financial
  510  audit report. The department may suspend or revoke an
  511  institution’s eligibility to receive future moneys from the
  512  trust fund for the program or request a refund of any moneys
  513  overpaid to the institution through the trust fund for the
  514  program if the department finds that an institution has not
  515  complied with the provisions of this section. Any refund
  516  requested pursuant to this paragraph shall be remitted within 60
  517  days after notification by the department.
  518         (5) Funds appropriated by the Legislature for Florida
  519  private student assistance grants may be deposited in the State
  520  Student Financial Assistance Trust Fund. Notwithstanding the
  521  provisions of s. 216.301 and pursuant to s. 216.351, any balance
  522  in the trust fund at the end of any fiscal year which has been
  523  allocated to the Florida Private Student Assistance Grant
  524  Program shall remain therein and shall be available for carrying
  525  out the purposes of this section and as otherwise provided by
  526  law.
  527         (6) The State Board of Education shall adopt rules
  528  necessary to implement this section.
  529         Section 7. Section 1009.52, Florida Statutes, is amended to
  530  read:
  531         1009.52 Florida Postsecondary Student Assistance Grant
  532  Program; eligibility for grants.—
  533         (1) There is created a Florida Postsecondary Student
  534  Assistance Grant Program. The program shall be administered by
  535  the participating institutions in accordance with rules of the
  536  State Board of Education.
  537         (2)(a) Florida postsecondary student assistance grants
  538  through the State Student Financial Assistance Trust Fund may be
  539  made only to full-time degree-seeking students who meet the
  540  general requirements for student eligibility as provided in s.
  541  1009.40, except as otherwise provided in this section. Such
  542  grants shall be awarded for the amount of demonstrated unmet
  543  need for tuition and fees and may not exceed the maximum annual
  544  award an amount equal to the average prior academic year cost of
  545  tuition and other registration fees for 30 credit hours at state
  546  universities plus $1,000 per academic year, or as specified in
  547  the General Appropriations Act, to any applicant. A demonstrated
  548  unmet need of less than $200 shall render the applicant
  549  ineligible for a Florida postsecondary student assistance grant.
  550  Recipients of such grants must have been accepted at a
  551  postsecondary institution that is located in this the state and
  552  that is:
  553         1. A private nursing diploma school approved by the Florida
  554  Board of Nursing; or
  555         2. A college or university licensed by the Commission for
  556  Independent Education, excluding those institutions the students
  557  of which are eligible to receive a Florida private student
  558  assistance grant pursuant to s. 1009.51.
  559  
  560  If funds are available, a student who received an award in the
  561  fall or spring term may receive a summer award. No student may
  562  receive an award for more than the equivalent of 9 semesters or
  563  14 quarters of full-time enrollment, except as otherwise
  564  provided in s. 1009.40(3).
  565         (b) A student applying for a Florida postsecondary student
  566  assistance grant shall be required to apply for the Pell Grant.
  567  The Pell Grant entitlement shall be considered when conducting
  568  an assessment of the financial resources available to each
  569  student.
  570         (c) Priority in the distribution of grant moneys shall be
  571  given to students with the lowest total family resources, in
  572  accordance with a nationally recognized system of need analysis.
  573  Using the system of need analysis, the department shall
  574  establish a maximum expected family contribution. An institution
  575  may not make a grant from this program to a student whose
  576  expected family contribution exceeds one and one-half times the
  577  maximum Pell Grant-eligible family contribution level
  578  established by the department. An institution may not impose
  579  additional criteria to determine a student’s eligibility to
  580  receive a grant award.
  581         (d) Each participating institution shall report, to the
  582  department by the established date, the eligible students
  583  eligible for the program for to whom grant moneys are disbursed
  584  each academic term. Each institution shall also report to the
  585  department necessary demographic and eligibility data for such
  586  students.
  587         (3) Based on the unmet financial need of an eligible
  588  applicant, the amount of a Florida postsecondary student
  589  assistance grant must be between $200 and the average cost of
  590  tuition and other registration fees for 30 credit hours at state
  591  universities plus $1,000 per academic year or the amount
  592  specified in the General Appropriations Act.
  593         (4)(a) The funds appropriated for the Florida Postsecondary
  594  Student Assistance Grant shall be distributed to eligible
  595  institutions in accordance with a formula approved by the State
  596  Board of Education. The formula shall consider at least the
  597  prior year’s distribution of funds, the number of full-time
  598  eligible applicants who did not receive awards, the
  599  standardization of the expected family contribution, and
  600  provisions for unused funds. The formula shall account for
  601  changes in the number of eligible students across all student
  602  assistance grant programs established pursuant to this section
  603  and ss. 1009.50, 1009.505, and 1009.51.
  604         (b) Payment of Florida postsecondary student assistance
  605  grants shall be transmitted to the president of the eligible
  606  institution, or to his or her representative, in advance of the
  607  registration period. Institutions shall notify students of the
  608  amount of their awards.
  609         (c) The eligibility status of each student to receive a
  610  disbursement shall be determined by each institution as of the
  611  end of its regular registration period, inclusive of a drop-add
  612  period. Institutions shall not be required to reevaluate a
  613  student’s eligibility status after this date for purposes of
  614  changing eligibility determinations previously made.
  615         (d) Institutions shall certify to the department within 30
  616  days after the end of regular registration each term the amount
  617  of funds disbursed to each student and shall remit to the
  618  department any undisbursed advances within 60 days after the end
  619  of regular registration each spring term by June 1 of each year.
  620  An exception to the remittance deadline may be granted if the
  621  institution documents to the department how it plans to disburse
  622  awards to students for the subsequent summer term. An
  623  institution that uses funds for the summer term shall certify to
  624  the department the amount of funds disbursed to each student and
  625  shall remit to the department any undisbursed advances within 30
  626  days after the end of the summer term.
  627         (e) Each institution that receives moneys through the
  628  Florida Postsecondary Student Assistance Grant Program shall
  629  prepare a biennial report that includes a financial audit,
  630  conducted by an independent certified public accountant, of the
  631  institution’s administration of the program and a complete
  632  accounting of moneys in the State Student Financial Assistance
  633  Trust Fund allocated to the institution for the program. Such
  634  report shall be submitted to the department by March 1 every
  635  other year. The department may conduct its own annual or
  636  biennial audit of an institution’s administration of the program
  637  and its allocated funds in lieu of the required biennial report
  638  and financial audit report. The department may suspend or revoke
  639  an institution’s eligibility to receive future moneys from the
  640  trust fund for the program or request a refund of any moneys
  641  overpaid to the institution through the trust fund for the
  642  program if the department finds that an institution has not
  643  complied with the provisions of this section. Any refund
  644  requested pursuant to this paragraph shall be remitted within 60
  645  days after notification by the department.
  646         (5) Any institution that was eligible to receive state
  647  student assistance grants on January 1, 1989, and that is not
  648  eligible to receive grants pursuant to s. 1009.51 is eligible to
  649  receive grants pursuant to this section.
  650         (6) Funds appropriated by the Legislature for Florida
  651  postsecondary student assistance grants may be deposited in the
  652  State Student Financial Assistance Trust Fund. Notwithstanding
  653  the provisions of s. 216.301 and pursuant to s. 216.351, any
  654  balance in the trust fund at the end of any fiscal year which
  655  has been allocated to the Florida Postsecondary Student
  656  Assistance Grant Program shall remain therein and shall be
  657  available for carrying out the purposes of this section and as
  658  otherwise provided by law.
  659         (7) The State Board of Education shall adopt rules
  660  necessary to implement this section.
  661         Section 8. Subsections (2), (4), (5), and (6) of section
  662  1009.893, Florida Statutes, are amended to read:
  663         1009.893 Benacquisto Scholarship Program.—
  664         (2) The Benacquisto Scholarship Program is created to
  665  reward a high school graduate who receives recognition as a
  666  National Merit Scholar or National Achievement Scholar and who
  667  initially enrolls in the 2014-2015 academic year or, later, in a
  668  baccalaureate degree program at an eligible Florida public or
  669  independent postsecondary educational institution.
  670         (4) In order to be eligible for an initial award under the
  671  scholarship program, a student must meet the requirements of
  672  paragraph (a) or paragraph (b).
  673         (a) A student who is a resident of this state, as
  674  determined in s. 1009.40 and rules of the State Board of
  675  Education, must:
  676         1. Earn a standard Florida high school diploma or its
  677  equivalent pursuant to s. 1002.3105, s. 1003.4281, s. 1003.4282,
  678  or s. 1003.435 unless:
  679         a. The student completes a home education program according
  680  to s. 1002.41; or
  681         b. The student earns a high school diploma from a non
  682  Florida school while living with a parent who is on military or
  683  public service assignment out of this state;
  684         2. Be accepted by and enroll in a Florida public or
  685  independent postsecondary educational institution that is
  686  regionally accredited; and
  687         3. Be enrolled full-time in a baccalaureate degree program
  688  at an eligible regionally accredited Florida public or
  689  independent postsecondary educational institution during the
  690  fall academic term following high school graduation.
  691         (b) A student who initially enrolls in a baccalaureate
  692  degree program in the 2018-2019 academic year or later and who
  693  is not a resident of this state, as determined in s. 1009.40 and
  694  rules of the State Board of Education, must:
  695         1. Physically reside in this state on or near the campus of
  696  the postsecondary educational institution in which the student
  697  is enrolled;
  698         2. Earn a high school diploma from a school outside Florida
  699  which is comparable to a standard Florida high school diploma or
  700  its equivalent pursuant to s. 1002.3105, s. 1003.4281, s.
  701  1003.4282, or s. 1003.435 or must complete a home education
  702  program in another state; and
  703         3. Be accepted by and enrolled full-time in a baccalaureate
  704  degree program at an eligible regionally accredited Florida
  705  public or independent postsecondary educational institution
  706  during the fall academic term following high school graduation.
  707         (5)(a)1. An eligible student who meets the requirements of
  708  paragraph (4)(a), who is a National Merit Scholar or National
  709  Achievement Scholar, and who attends a Florida public
  710  postsecondary educational institution shall receive a
  711  scholarship award equal to the institutional cost of attendance
  712  minus the sum of the student’s Florida Bright Futures
  713  Scholarship and National Merit Scholarship or National
  714  Achievement Scholarship.
  715         2. An eligible student who meets the requirements of
  716  paragraph (4)(b), who is a National Merit Scholar, and who
  717  attends a Florida public postsecondary educational institution
  718  shall receive a scholarship award equal to the institutional
  719  cost of attendance for a resident of this state minus the
  720  student’s National Merit Scholarship. Such student is exempt
  721  from the payment of out-of-state fees.
  722         (b) An eligible student who is a National Merit Scholar or
  723  National Achievement Scholar and who attends a Florida
  724  independent postsecondary educational institution shall receive
  725  a scholarship award equal to the highest cost of attendance for
  726  a resident of this state enrolled at a Florida public
  727  university, as reported by the Board of Governors of the State
  728  University System, minus the sum of the student’s Florida Bright
  729  Futures Scholarship and National Merit Scholarship or National
  730  Achievement Scholarship.
  731         (6)(a) To be eligible for a renewal award, a student must
  732  be enrolled full-time, earn all credits for which he or she was
  733  enrolled, and maintain a 3.0 or higher grade point average. An
  734  eligible Benacquisto Scholar who has fewer than 12 credits to
  735  complete their first baccalaureate degree may receive funding
  736  for one term in order to complete their degree.
  737         (b) A student’s renewal status is not affected by
  738  subsequent changes in the residency status of the student or
  739  residency status of the student’s family.
  740         (c)(b) A student may receive the scholarship award for a
  741  maximum of 100 percent of the number of credit hours required to
  742  complete a baccalaureate degree program, or until completion of
  743  a baccalaureate degree program, whichever comes first.
  744         (d) A student may receive an award for up to 5 years
  745  following high school graduation and may not receive the award
  746  for more than 10 semesters.
  747         (e) A student who receives an award under this program and
  748  fails to meet the renewal requirements due to a verifiable
  749  illness or other documented emergency may be granted an
  750  exception pursuant to s. 1009.40(1)(b)4.
  751         Section 9. Section 1011.45, Florida Statutes, is amended to
  752  read:
  753         1011.45 End of year balance of funds.—Unexpended amounts in
  754  any fund in a university current year operating budget shall be
  755  carried forward and included as the balance forward for that
  756  fund in the approved operating budget for the following year.
  757         (1) Each university shall maintain a minimum carry forward
  758  balance of at least 7 percent of its state operating budget. If
  759  a university fails to maintain a 7 percent balance in state
  760  operating funds, the university shall submit a plan to the Board
  761  of Governors to attain the 7 percent balance of state operating
  762  funds within the next fiscal year.
  763         (2) Each university that retains a state operating fund
  764  carry forward balance in excess of the 7 percent minimum shall
  765  submit a spending plan for its excess carry forward balance. The
  766  spending plan shall be submitted to the university’s board of
  767  trustees for review, approval, or, if necessary, amendment by
  768  September 30 1, 2020, and each September 30 1 thereafter. The
  769  Board of Governors shall review, approve, and amend, if
  770  necessary, each university’s carry forward spending plan by
  771  November 15 October 1, 2020, and each November 15 October 1
  772  thereafter.
  773         (3) A university’s carry forward spending plan shall
  774  include the estimated cost per planned expenditure and a
  775  timeline for completion of the expenditure. Authorized
  776  expenditures in a carry forward spending plan may include:
  777         (a) Commitment of funds to a public education capital
  778  outlay project for which an appropriation has previously been
  779  provided that requires additional funds for completion and which
  780  is included in the list required by s. 1001.706(12)(d);
  781         (b) Completion of a renovation, repair, or maintenance
  782  project that is consistent with the provisions of s. 1013.64(1),
  783  up to $5 million per project, and replacement of a minor
  784  facility that does not exceed 10,000 gross square feet in size
  785  up to $2 million;
  786         (c) Completion of a remodeling or infrastructure project,
  787  including a project for a development research school, up to $10
  788  million per project, if such project is survey recommended
  789  pursuant to s. 1013.31;
  790         (d) Completion of a repair or replacement project necessary
  791  due to damage caused by a natural disaster for buildings
  792  included in the inventory required pursuant to s. 1013.31;
  793         (e) Operating expenditures that support the university
  794  mission and that are nonrecurring; and
  795         (f) Any purpose specified by the board or in the General
  796  Appropriations Act; and
  797         (g)A commitment of funds to a contingency reserve to
  798  assist in addressing unforeseen circumstances that may arise,
  799  including natural disasters and other emergencies.
  800         (4) Annually, by September 30, the chief financial officer
  801  of each university shall certify the unexpended amount of funds
  802  appropriated to the university from the General Revenue Fund,
  803  the Educational Enhancement Trust Fund, and the
  804  Education/General Student and Other Fees Trust Fund as of June
  805  30 of the previous fiscal year.
  806         (5) A university may spend the minimum carry forward
  807  carryforward balance of 7 percent if a demonstrated emergency
  808  exists and the plan is approved by the university’s board of
  809  trustees and the Board of Governors.
  810         Section 10. Section 1013.841, Florida Statutes, is amended
  811  to read:
  812         1013.841 End of year balance of Florida College System
  813  institution funds.—
  814         (1) Unexpended amounts in any fund in any Florida College
  815  System institution current year state operating budget shall be
  816  carried forward and included as the balance forward for that
  817  fund in the approved operating budget for the following year.
  818         (2)(a) Each Florida College System institution with a final
  819  FTE less than 15,000 for the prior year shall maintain a minimum
  820  carry forward balance of at least 5 percent of its state
  821  operating budget. If a Florida College System institution fails
  822  to maintain a 5 percent balance in state operating funds, the
  823  president shall provide written notification to the State Board
  824  of Education.
  825         (b) Each Florida College System institution with a final
  826  FTE less than 15,000 for the prior year that retains a state
  827  operating fund carry forward balance in excess of the 5 percent
  828  minimum shall submit a spending plan for its excess carry
  829  forward balance. The spending plan shall include all excess
  830  carry forward funds from state operating funds. The spending
  831  plan shall be submitted to the Florida College System
  832  institution’s board of trustees for approval by September 30 1,
  833  2020, and each September 30 1 thereafter. The State Board of
  834  Education shall review and publish each Florida College System
  835  institution’s carry forward spending plan by November 15 October
  836  1, 2020, and each November 15 October 1 thereafter.
  837         (3)(a) Each Florida College System institution with a final
  838  FTE of 15,000 or greater for the prior year shall maintain a
  839  minimum carry forward balance of at least 7 percent of its state
  840  operating budget. If a Florida College System institution fails
  841  to maintain a 7 percent balance in state operating funds, the
  842  institution shall submit a plan to the State Board of Education
  843  to attain the minimum balance.
  844         (b) Each Florida College System institution with a final
  845  FTE of 15,000 or greater for the prior year that retains a state
  846  operating fund carry forward balance in excess of the 7 percent
  847  minimum shall submit a spending plan for its excess carry
  848  forward balance. The spending plan shall include all excess
  849  carry forward funds from state operating funds. The spending
  850  plan shall be submitted to the Florida College System
  851  institution’s board of trustees for approval by September 30 1,
  852  2020, and each September 30 1 thereafter. The State Board of
  853  Education shall review and publish each Florida College System
  854  institution’s carry forward spending plan by November 15 October
  855  1, 2020, and each November 15 October 1 thereafter.
  856         (4) A Florida College System institution identified in
  857  paragraph (3)(a) must include in its carry forward spending plan
  858  the estimated cost per planned expenditure and a timeline for
  859  completion of the expenditure. Authorized expenditures in a
  860  carry forward spending plan may include:
  861         (a) Commitment of funds to a public education capital
  862  outlay project for which an appropriation was previously
  863  provided, which requires additional funds for completion, and
  864  which is included in the list required by s. 1001.03(18)(d);
  865         (b) Completion of a renovation, repair, or maintenance
  866  project that is consistent with the provisions of s. 1013.64(1),
  867  up to $5 million per project;
  868         (c) Completion of a remodeling or infrastructure project,
  869  up to $10 million per project, if such project is survey
  870  recommended pursuant to s. 1013.31;
  871         (d) Completion of a repair or replacement project necessary
  872  due to damage caused by a natural disaster for buildings
  873  included in the inventory required pursuant to s. 1013.31;
  874         (e) Operating expenditures that support the Florida College
  875  System institution’s mission which are nonrecurring; and
  876         (f) Any purpose approved by the state board or specified in
  877  the General Appropriations Act; and
  878         (g)A commitment of funds to a contingency reserve to
  879  assist in addressing unforeseen circumstances that may arise,
  880  including natural disasters and other emergencies.
  881         Section 11. Section 11 of chapter 2019-116, Laws of
  882  Florida, is repealed.
  883         Section 12. This act shall take effect July 1, 2020.