Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 1728
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LEGISLATIVE ACTION
Senate . House
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The Committee on Education (Gruters) recommended the following:
1 Senate Substitute for Amendment (640458) (with title
2 amendment)
3
4 Between lines 58 and 59
5 insert:
6 Section 2. Section 1009.261, Florida Statutes, is created
7 to read:
8 1009.261 Grandchild Out-of-State Fees Waiver Compact.—The
9 Grandchild Out-of-State Fees Waiver Compact is enacted into law
10 and entered into by this state with all other jurisdictions
11 legally joining therein in the form substantially as follows:
12
13 GRANDCHILDREN OUT-OF-STATE
14 FEES WAIVER COMPACT
15
16 ARTICLE I
17 DECLARATION OF PURPOSE
18
19 The general purposes of this compact are to:
20 (1) Increase access to postsecondary education to students
21 whose families are split between two or more states by reducing
22 costs associated with out-of-state fees.
23 (2) Encourage students to exercise their rights to travel
24 and to choose the postsecondary education that best suits their
25 needs.
26 (3) Increase postsecondary educational choices.
27 (4) Decrease the economic burden posed by postsecondary
28 out-of-state fees.
29
30 ARTICLE II
31 DEFINITIONS
32
33 As used in this compact, the term:
34 (1) “Grandparent” means a person who has a legal
35 relationship to a student’s parent as the natural or adopted
36 parent or legal guardian of the student’s parent.
37 (2) “Member state” means a state that has enacted this
38 compact.
39 (3) “Out-of-state fees” means any additional fee for
40 instruction, which is charged to a student who does not qualify
41 for the in-state tuition rate pursuant to the laws of a member
42 state, imposed by a public postsecondary educational institution
43 located within the member state. A charge for any other purpose
44 may not be included within this fee.
45 (4) “Postsecondary educational institution” means a public
46 university or college located within a member state.
47 (5) “State” includes the District of Columbia and any
48 state, territory, or possession of the United States which
49 oversees one or more public postsecondary educational
50 institutions.
51 (6) “Student’s parent” means a person who has a legal
52 relationship to a student as the natural or adopted parent or
53 legal guardian of the student.
54
55 ARTICLE III
56 OUT-OF-STATE FEES WAIVER
57
58 (1) Postsecondary educational institutions located within
59 each member state shall waive out-of-state fees for a
60 nonresident student who:
61 (a) Is a United States citizen.
62 (b) Has a grandparent who is a legal resident under the
63 applicable laws of the member state.
64 (c)1. Achieves an SAT combined score no lower than the 89th
65 national percentile on the SAT;
66 2. Achieves an ACT score concordant to the SAT score
67 required in subparagraph 1., as designated in the latest
68 published national concordance table developed jointly by the
69 College Board and ACT, Inc.; or
70 3. Achieves a Classic Learning Test (CLT) score concordant
71 to the required SAT score in subparagraph 1., as designated in
72 the latest published scoring comparison developed by Classic
73 Learning Initiatives, but only if the member state postsecondary
74 institution accepts the CLT for admission purposes.
75 (d) Enrolls as a full-time undergraduate student at a
76 member state postsecondary institution in the fall academic term
77 immediately following high school graduation.
78 (2) The waiver under this compact is applicable for up to
79 110 percent of the number of required credit hours of the degree
80 program in which the student is enrolled.
81 (3) Prior to waiving any out-of-state fees, a member state
82 postsecondary educational institution shall require the student,
83 or the student’s parent if the student is a dependent child, to
84 provide a written declaration verifying the student’s familial
85 relationship to a grandparent who is a legal resident of the
86 member state.
87
88 ARTICLE IV
89 OVERSIGHT
90
91 The executive, legislative, and judicial branches of state
92 government in each member state shall enforce this compact and
93 take all actions necessary and appropriate to effectuate the
94 compact’s purposes and intent. The provisions of this compact
95 have standing as statutory law.
96
97 ARTICLE V
98 DATE OF IMPLEMENTATION, WITHDRAWAL, AND AMENDMENT
99
100 (1) The compact shall take effect on the date on which it
101 is enacted into law by two states. Thereafter it is effective as
102 to any state upon its enactment by that state.
103 (2) A member state may withdraw from this compact by
104 repealing the statute in which it is enacted. A member state’s
105 withdrawal may not take effect until 6 months after enactment of
106 the repeal.
107 (3) This compact may not be construed to invalidate or
108 prohibit any law of a member state that does not conflict with
109 the provisions of this compact.
110 (4) This compact may be amended by the member states. An
111 amendment to this compact is effective and binding after it is
112 enacted into the laws of all member states.
113
114 ARTICLE VI
115 CONSTRUCTION AND SEVERABILITY
116
117 This compact shall be liberally construed so as to
118 effectuate its purposes. The provisions of this compact are
119 severable, and if any phrase, clause, sentence, or provision
120 thereof is declared to be contrary to the constitution of any
121 state or to the Constitution of the United States, or the
122 application thereof to any government, agency, person, or
123 circumstance is held invalid, the validity of the remainder of
124 this compact and the applicability thereof to any government,
125 agency, person, or circumstance is not affected thereby. If this
126 compact is held to be contrary to the constitution of any state
127 participating therein, it remains in full force and effect as to
128 the state affected as to all severable provisions.
129
130 ================= T I T L E A M E N D M E N T ================
131 And the title is amended as follows:
132 Delete line 13
133 and insert:
134 to adopt regulations; creating s. 1009.261, F.S.;
135 enacting the Grandchild Out-of-State Fees Waiver
136 Compact; providing the purposes of the compact;
137 defining terms; requiring postsecondary educational
138 institutions located within member states to waive
139 out-of-state fees for students who meet specified
140 criteria; providing that the waiver is applicable for
141 up to a specified amount of credits; requiring member
142 state postsecondary educational institutions to
143 require a student, or the student’s parent if the
144 student is a dependent child, to provide a written
145 declaration verifying eligibility; requiring the
146 executive, legislative, and judicial branches of
147 member state governments to enforce the compact;
148 providing that the provisions of the compact have
149 standing as statutory law; providing for the
150 implementation, withdrawal, and amendment of the
151 compact; providing construction; providing an
152 effective date.