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1
2 An act relating to education; requiring the
3 Department of Education to develop a student
4 financial assistance database; providing a
5 definition; requiring a report; amending s.
6 228.502, F.S.; deleting requirement that the
7 Education Success Incentive Council serve as
8 the board of directors for a direct-support
9 organization; amending s. 232.2465, F.S.,
10 relating to the Florida Academic Scholars'
11 Certificate Program; changing an eligibility
12 date; amending s. 239.117, F.S.; allowing
13 children adopted from the Department of
14 Children and Family Services to be exempt from
15 certain student fees; amending s. 239.217,
16 F.S., relating to the Florida Gold Seal
17 Vocational Endorsement Program; changing an
18 eligibility date; amending s. 240.107, F.S.;
19 conforming provisions; amending ss. 240.235 and
20 240.35, F.S.; allowing children adopted from
21 the Department of Children and Family Services
22 to be exempt from certain student fees;
23 amending s. 240.404, F.S., relating to general
24 requirements for eligibility for state
25 financial aid; deleting a requirement for
26 participation in a testing program; deleting a
27 requirement regarding Selective Service System
28 registration; creating s. 240.4041, F.S.;
29 providing eligibility requirements for state
30 financial aid for a student with a disability;
31 amending s. 240.4069, F.S.; transferring
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1 administration of the Virgil Hawkins Fellows
2 Assistance Program to the Board of Regents;
3 revising program requirements; amending s.
4 240.408, F.S.; conforming provisions; amending
5 s. 240.412, F.S., relating to the Jose Marti
6 Scholarship Challenge Grant Program; revising
7 matching fund requirements; deleting a testing
8 requirement; amending s. 240.437, F.S.,
9 relating to a state student financial aid
10 program; deleting a testing requirement;
11 amending s. 240.6045, F.S., relating to a
12 limited access competitive grant program;
13 revising eligibility requirements; amending s.
14 240.606, F.S., relating to the Florida Work
15 Experience Program; changing eligibility
16 requirements; deleting a requirement that a
17 certain portion of funds be used for contracts
18 with public schools; repealing ss. 240.4025,
19 240.4045, 240.407, 240.4085, and 240.4093,
20 F.S., relating to the Florida Graduate
21 Scholars' Fund, compliance with Selective
22 Service System registration requirements,
23 general scholarship loans, the Florida Student
24 Tuition Scholarship Grant Program, and the
25 Vocational Student Assistance Grant Program;
26 providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
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30 Section 1. (1) The Department of Education, in
31 conjunction with the Florida Council of Student Financial Aid
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1 Advisors, staff of the Executive Office of the Governor, the
2 Legislature, the Postsecondary Education Planning Commission,
3 the Board of Regents, the State Board of Community Colleges,
4 and the three largest student loan lenders by volume serving
5 Florida students as of the effective date of this act, shall
6 design a student financial assistance database that can be
7 used to support all aspects of the administration and delivery
8 of state-funded student financial aid. In addition, the
9 database must have the capability of providing policymakers
10 with comprehensive information regarding the various financial
11 assistance programs available to students attending Florida
12 postsecondary education institutions.
13 (2) For purposes of this section, financial assistance
14 includes:
15 (a) For all students, any scholarship, grant, loan,
16 fee waiver, tuition assistance payment, or other form of
17 compensation provided from state or federal funds.
18 (b) For students attending public institutions, any
19 scholarship, grant, loan, fee waiver, tuition assistance
20 payment, or other form of compensation supported by
21 institutional funds.
22 (3) The database must include records on any student
23 receiving any form of financial assistance as described in
24 subsection (2). Institutions participating in any state
25 financial assistance program shall annually submit such
26 information to the Department of Education in a format
27 prescribed by the department and consistent with the
28 provisions of s. 228.093, Florida Statutes.
29 (4) By December 1, 1997, the Department of Education
30 shall provide to the President of the Senate and the Speaker
31 of the House of Representatives a progress report on the
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1 development of the database. The progress report must identify
2 components of the database and provide a timeframe for
3 implementation.
4 Section 2. Subsection (12) of section 228.502, Florida
5 Statutes, 1996 Supplement, is amended to read:
6 228.502 The Education Success Incentive Program.--
7 (12) The Commissioner of Education may establish a
8 direct-support organization which is:
9 (a) A Florida corporation, not for profit,
10 incorporated under the provisions of chapter 617 and approved
11 by the Secretary of State.
12 (b) Organized and operated exclusively to receive,
13 hold, invest, and administer property and to make expenditures
14 to or for the benefit of the Education Success Incentive
15 Program. The board of directors of the direct-support
16 organization shall establish policies and procedures which
17 enable private contributors to designate the name of the
18 student, school, or geographic area for which contributions
19 are being provided.
20 (c) Subject to an annual postaudit by an independent
21 certified public accountant in accordance with rules
22 promulgated by the board. The annual audit shall be submitted
23 to the Department of Insurance and the Auditor General for
24 review. The Department of Insurance and Auditor General shall
25 have the authority to require and receive from the
26 organization or its independent auditor any detail or
27 supplemental data relative to the operation of the
28 organization. The identity of a donor or prospective donor
29 who desires to remain anonymous and all information
30 identifying such donor or prospective donor are confidential
31 and exempt from the provisions of s. 119.07(1) and s. 24(a),
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1 Art. I of the State Constitution. Such anonymity shall be
2 maintained in the auditor's report.
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4 The Education Success Incentive Council shall be the board of
5 directors of the direct-support organization.
6 Section 3. Paragraph (a) of subsection (1) of section
7 232.2465, Florida Statutes, is amended to read:
8 232.2465 Florida Academic Scholars' Certificate
9 Program.--For the purpose of recognizing and rewarding
10 outstanding performance and academic achievement on the part
11 of public school students and nonpublic school students, the
12 Commissioner of Education shall award to each high school
13 graduate who meets the requirements specified herein, and as
14 further specified by the State Board of Education, a special
15 certificate recognizing and designating the graduate as a
16 Florida Academic Scholar.
17 (1) In order to qualify as a Florida Academic Scholar,
18 a student must:
19 (a) At the time of application or by the second half
20 of the senior year, have been enrolled in and intend to
21 complete a program of at least 24 credits in advanced-level
22 studies as prescribed by the State Board of Education,
23 including as a minimum:
24 1. Four years of progressively advanced instruction in
25 language arts, including courses in English composition and
26 literature;
27 2. Four years of progressively advanced instruction in
28 science, including laboratory courses in biology, chemistry,
29 and physics where laboratory facilities are available;
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1 3. Four years of progressively advanced instruction in
2 mathematics, including courses in algebra and geometry and
3 calculus or trigonometry;
4 4. Two years of sequential foreign language;
5 5. One year of instruction in art and music or in
6 either art or music;
7 6. Three years of instruction in social studies,
8 including courses in American history and government, world
9 history, and comparative political and economic systems; and
10 7. One year of instruction in health and physical
11 education to include assessment, improvement, and maintenance
12 of personal fitness.
13 Section 4. Paragraph (e) of subsection (2) of section
14 239.117, Florida Statutes, 1996 Supplement, is amended to
15 read:
16 239.117 Postsecondary student fees.--
17 (2) The following students are exempt from any
18 requirement for the payment of registration, matriculation,
19 and laboratory fees for instruction:
20 (e) A student for whom the state is paying a foster
21 care board payment pursuant to s. 409.145(3) or pursuant to
22 parts III and V of chapter 39, for whom the permanency
23 planning goal pursuant to part V of chapter 39 is long-term
24 foster care or independent living, or who is adopted from the
25 Department of Children and Family Services after December 31,
26 1997. Such exemption includes fees associated with enrollment
27 in college-preparatory instruction and completion of the
28 college-level communication and computation skills testing
29 program. Such exemption shall be available to any student
30 adopted from the Department of Children and Family Services
31 after December 31, 1997; however, the exemption shall be valid
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1 for no more than 4 years after the date of graduation from
2 high school.
3 Section 5. Paragraph (a) of subsection (2) of section
4 239.217, Florida Statutes, is amended to read:
5 239.217 Florida Gold Seal Vocational Endorsement
6 Program.--
7 (2) Each school district may award the Florida gold
8 seal vocational endorsement to a high school student who meets
9 the requirements of this section. To be eligible for award of
10 the Florida gold seal vocational endorsement, a student must:
11 (a) At the time of application or by the second half
12 of the senior year, have been enrolled in and intend to
13 complete Meet all requirements for graduation as specified in
14 s. 232.246, including number of credits, courses, grade point
15 average, and mastery of minimum performance standards and
16 basic skills.
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18 If a student does not meet the requirements of this subsection
19 as a result of inaccurate or incomplete information provided
20 by a high school guidance counselor, teacher, or school
21 district personnel, the student may, nevertheless, be eligible
22 for the Florida gold seal vocational endorsement if the
23 principal of the school or the district superintendent
24 verifies that such inaccuracies or misinformation caused the
25 deficiencies. The school district must provide a means for
26 the student to correct deficiencies resulting from such
27 misinformation. The student must correct the deficiencies no
28 later than December 31 immediately following high school
29 graduation, either by completing comparable work at the
30 postsecondary institution or by completing a directed
31 individualized study program that is developed and
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1 administered by the school district. If the student does not
2 complete the requirements necessary to correct the
3 deficiencies by December 31 immediately following high school
4 graduation, the student is ineligible to participate in the
5 Florida Gold Seal Vocational Endorsement Program.
6 Section 6. Subsection (7) of section 240.107, Florida
7 Statutes, is amended to read:
8 240.107 College-level communication and computation
9 skills examination.--
10 (7) The State Board of Education, by rule, shall
11 establish fees for the administration of the examination to
12 private postsecondary students. The examination may be
13 administered to students other than those receiving financial
14 aid as required in s. 240.404(1)(a)2., provided that the
15 appropriate fees are paid.
16 Section 7. Paragraph (a) of subsection (5) of section
17 240.235, Florida Statutes, is amended to read:
18 240.235 Fees.--
19 (5)(a) Any student for whom the state is paying a
20 foster care board payment pursuant to s. 409.145(3) or parts
21 III and V of chapter 39, for whom the permanency planning goal
22 pursuant to part V of chapter 39 is long-term foster care or
23 independent living, or who is adopted from the Department of
24 Children and Family Services after December 31, 1997, shall be
25 exempt from the payment of all undergraduate fees, including
26 fees associated with enrollment in college-preparatory
27 instruction or completion of college-level communication and
28 computation skills testing programs. Before a fee exemption
29 can be given, the student shall have applied for and been
30 denied financial aid, pursuant to s. 240.404, which would have
31 provided, at a minimum, payment of all undergraduate fees.
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1 Such exemption shall be available to any student adopted from
2 the Department of Children and Family Services after December
3 31, 1997; however, the exemption shall be valid for no more
4 than 4 years after the date of graduation from high school.
5 Section 8. Paragraph (a) of subsection (2) of section
6 240.35, Florida Statutes, 1996 Supplement, is amended to read:
7 240.35 Student fees.--Unless otherwise provided, the
8 provisions of this section apply only to fees charged for
9 college credit instruction.
10 (2)(a) Any student for whom the state is paying a
11 foster care board payment pursuant to s. 409.145(3) or parts
12 III and V of chapter 39, for whom the permanency planning goal
13 pursuant to part V of chapter 39 is long-term foster care or
14 independent living, or who is adopted from the Department of
15 Children and Family Services after December 31, 1997, is
16 exempt from the payment of all undergraduate fees, including
17 fees associated with enrollment in college-preparatory
18 instruction or completion of the college-level communication
19 and computation skills testing program. Before a fee
20 exemption can be given, the student shall have applied for and
21 been denied financial aid, pursuant to s. 240.404, which would
22 have provided, at a minimum, payment of all student fees. Such
23 exemption shall be available to any student adopted from the
24 Department of Children and Family Services after December 31,
25 1997; however, the exemption shall be valid for no more than 4
26 years after graduation from high school.
27 Section 9. Paragraph (a) of subsection (1) of section
28 240.404, Florida Statutes, is amended to read:
29 240.404 General requirements for student eligibility
30 for state financial aid.--
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1 (1)(a) The general requirements for eligibility of
2 students for state financial aid awards consist of the
3 following:
4 1. Acceptance at a state university or community
5 college; a nursing diploma school approved by the Florida
6 Board of Nursing; a Florida college, university, or community
7 college which is accredited by a member of the Commission on
8 Recognition of Postsecondary Accreditation; any Florida
9 institution the credits of which are acceptable for transfer
10 to state universities; any area technical center; or any
11 private vocational-technical institution accredited by a
12 member of the Commission on Recognition of Postsecondary
13 Accreditation.
14 2. Participation in the college-level communication
15 and computation skills testing program. This requirement is
16 limited to students seeking associate's or bachelor's degrees.
17 2.3. Residency in this state for no less than 1 year
18 preceding the award of aid for a program established pursuant
19 to s. 240.402, s. 240.4021, s. 240.4085, s. 240.409, s.
20 240.4093, s. 240.4095, s. 240.4097, s. 240.412, s. 240.4125,
21 s. 240.413, s. 240.4987, s. 240.605, or s. 240.606. Residency
22 in this state must be for purposes other than to obtain an
23 education. Resident status for purposes of receiving state
24 financial aid awards shall be determined in the same manner as
25 resident status for tuition purposes pursuant to s. 240.1201
26 and rules of the State Board of Education.
27 4. Compliance with Selective Service System
28 registration requirements pursuant to s. 240.4045.
29 3.5. Submission of certification attesting to the
30 accuracy, completeness, and correctness of information
31 provided to demonstrate a student's eligibility to receive
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1 state financial aid awards. Falsification of such information
2 shall result in the denial of any pending application and
3 revocation of any award currently held to the extent that no
4 further payments shall be made. Additionally, students who
5 knowingly make false statements in order to receive state
6 financial aid awards shall be guilty of a misdemeanor of the
7 second degree subject to the provisions of s. 837.06 and shall
8 be required to return all state financial aid awards
9 wrongfully obtained.
10 Section 10. Section 240.4041, Florida Statutes, is
11 created to read:
12 240.4041 State financial aid; students with a
13 disability.--Notwithstanding the provisions of s.
14 240.404(1)(b)1.b. regarding the number of credits earned per
15 term, or other financial aid eligibility requirements related
16 to the number of required credits earned per term, a student
17 with a documented disability, as defined by the Americans with
18 Disabilities Act, shall be eligible to be considered for state
19 financial aid while attending an eligible postsecondary
20 institution on a part-time basis. The State Board of Education
21 shall establish the necessary criteria for documentation of
22 the student's disability and the postsecondary institution
23 shall make the determination as to whether or not the
24 disability is such that part-time status is a necessary
25 accommodation. For the purposes of this section, financial aid
26 funds may be prorated based on the number of credit hours
27 taken.
28 Section 11. Section 240.4069, Florida Statutes, is
29 amended to read:
30 240.4069 Virgil Hawkins Fellows Assistance Program
31 Scholarships.--
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1 (1) The Virgil Hawkins Fellows Assistance Program
2 Scholarships, established by the General Appropriations Act,
3 shall provide financial assistance be provided for study in
4 law to each of 10 minority first-year students in law at the
5 Florida State University College of Law and to each of 10
6 minority first-year students in law at the University of
7 Florida College of Law. For the purposes of this section a
8 minority student qualified to receive assistance from the a
9 Virgil Hawkins Fellows Assistance Program shall be identified
10 pursuant to policies adopted by the Board of Regents
11 Scholarship is a person who is a member of an ethnic group
12 that was by law and custom previously denied access to a law
13 school at a predominantly white institution in Florida.
14 (2) The balance of any funds remaining after the 10
15 scholarships for each law school have been allocated shall be
16 used to provide state matching of grants from private sources
17 that raise money for additional fellowships to be awarded to
18 minority students. Matching funds shall be generated through
19 contributions made after July 1, 1993, and pledged for the
20 purposes of this section. Pledged contributions shall be for
21 a minimum of 2 years and shall not be eligible for matching
22 prior to the actual collection of the total funds.
23 (2)(3) Each student who is awarded a fellowship Virgil
24 Hawkins Fellows Scholarship shall be entitled to receive an
25 award a scholarship under this act for each academic term year
26 that the student is in good standing as approved by the Board
27 of Regents' Office for Equal Opportunity Programs and the dean
28 and continues studies toward completion of the Juris Doctor
29 degree at the Florida State University College of Law or at
30 the University of Florida College of Law.
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1 (3)(4) If a fellowship scholarship vacancy occurs, and
2 has not been assigned or utilized by second-year or third-year
3 law students, permission will be granted for the Dean of the
4 College of Law to identify and assign that scholarship slot
5 shall be reassigned and funded fund it as a continuing
6 fellowship scholarship for the remainder of the period for
7 which the award scholarship was originally designated.
8 (4)(5) The Board of Regents shall adopt policies and
9 shall administer the Virgil Hawkins Fellows Assistance Program
10 Scholarships shall be administered by the Department of
11 Education. The State Board of Education shall adopt rules to
12 implement the Virgil Hawkins Fellows Scholarships.
13 Section 12. Subsection (1) of section 240.408, Florida
14 Statutes, is amended to read:
15 240.408 Challenger Astronauts Memorial Undergraduate
16 Scholarship Trust Fund.--
17 (1) There is created the Challenger Astronauts
18 Memorial Undergraduate Scholarship Trust Fund which shall
19 receive distributions as provided by s. 320.08058. The
20 Comptroller shall authorize expenditures from this fund for
21 Challenger Astronauts Memorial awards pursuant to s. 240.402,
22 and any remaining balances may be expended for graduate
23 fellowships in space science, space commerce, or space policy
24 research pursuant to s. 240.4025, and for education/business
25 partnership programs which involve teacher development
26 strategies pursuant to s. 229.602, upon receipt of vouchers
27 approved by the Department of Education. The Comptroller
28 shall also authorize expenditures from this fund for
29 Challenger Astronauts Memorial Undergraduate Scholarships for
30 students who participated in this program prior to July 1,
31 1993, provided that such students continue to meet the renewal
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1 eligibility requirements that were in effect at the time that
2 their original awards were made. Any balance therein at the
3 end of any fiscal year shall remain therein and shall be
4 available for carrying out the purposes of these programs.
5 Section 13. Subsection (4) and paragraph (b) of
6 subsection (5) of section 240.412, Florida Statutes, are
7 amended to read:
8 240.412 Jose Marti Scholarship Challenge Grant
9 Program.--
10 (4) The amount appropriated to the trust fund for the
11 program shall be allocated by the department on the basis of
12 one $5,000 challenge grant for each $2,500 $5,000 raised from
13 private sources. Matching funds shall be generated through
14 contributions made after July 1, 1986, and pledged for the
15 purposes of this section. Pledged contributions shall not be
16 eligible for matching prior to the actual collection of the
17 total funds.
18 (5)
19 (b) In order to renew a scholarship awarded pursuant
20 to this section, a student must shall:
21 1. Earn a grade point average of at least 3.0 on a 4.0
22 scale for the previous term, maintain at least a 3.0 average
23 for college work, or have an average below 3.0 only for the
24 previous term and be eligible for continued enrollment at the
25 institution.
26 2. Maintain full-time enrollment.
27 3. Participate in the college-level communication and
28 computation skills testing program. Graduate recipients shall
29 be exempt from this requirement.
30 Section 14. Subsection (2) of section 240.437, Florida
31 Statutes, is amended to read:
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1 240.437 Student financial aid planning and
2 development.--
3 (2) The objective of a state program is the
4 maintenance of a state student financial aid program to
5 supplement a basic national program which will provide equal
6 access to postsecondary education to citizens of this state
7 who have the ability and motivation to benefit from a
8 postsecondary education. In the development of a state program
9 to achieve this objective, it shall be the policy that:
10 (a) State student financial aid be provided primarily
11 on the basis of financial need;
12 (b) Students receiving need-based financial aid be
13 expected to contribute toward their cost of education through
14 self-help resources such as savings, work, and loans;
15 (c) Student financial aid be available to state
16 residents for attendance at accredited public or private
17 institutions of higher education in this state;
18 (d) Student financial aid be provided for all levels
19 of postsecondary education; and
20 (e) State student financial aid be administered by a
21 central state agency.
22 (f) Effective August 1, 1985, students enrolled in
23 associate in arts degree programs and bachelor's degree
24 programs in independent institutions in this state who receive
25 state aid pursuant to s. 240.402, s. 240.4063, s. 240.4085, s.
26 240.4095, s. 240.4097, s. 240.412, s. 240.605, or s. 240.606
27 participate in the college-level communication and computation
28 skills testing program provided in s. 229.551. The department
29 and the eligible institutions shall negotiate an agreement
30 that will assure that the test is available to students either
31 directly through the independent institutions or on a
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1 contractual basis with a state community college or
2 university. Before August 1, 1985, all independent
3 institutions subject to this provision shall have an
4 opportunity to participate in preliminary testing activities
5 similar to those afforded the public institutions before the
6 initiation of formal testing; and the independent sector shall
7 be afforded appropriate representation on all committees and
8 commissions charged with responsibilities for developing,
9 administering, and evaluating the tests.
10
11 Planning and development must shall be in accordance with the
12 foregoing objective and policies.
13 Section 15. Subsections (1), (2), (3),and (4) of
14 section 240.6045, Florida Statutes, is amended to read:
15 240.6045 Limited access competitive grant program.--
16 (1) There is established a limited access competitive
17 grant program which shall be administered by the Department of
18 Education. The purpose of the program shall be to provide
19 enrollment opportunities for qualified applicants in unable to
20 obtain admission to selected state university limited access
21 programs or equivalent academic tracks.
22 (2) The Postsecondary Education Planning Commission
23 shall annually identify for the State Board of Education
24 selected high priority employment fields that are designated,
25 commonly referred to as limited access programs, which require
26 a baccalaureate degree and for which one or more state
27 universities have insufficient capacity to serve all qualified
28 applicants.
29 (3) Program applicants shall be Florida residents,
30 either community college graduates or state university
31 students, who are qualified for admission to a selected
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1 independent college or university because of lack of space are
2 denied admission to a state university program directly
3 related to a high priority employment field identified by the
4 State Board of Education.
5 (4) A limited access competitive grant may be awarded
6 in a competitive grant which equals 50 percent of the cost to
7 the state per academic year of funding an undergraduate
8 student in public postsecondary education if the recipient
9 chooses to enroll in a comparable program provided by an
10 eligible independent college or university in Florida.
11 Eligible independent institutions shall be designated by the
12 Department of Education and shall be selected from among
13 institutions accredited by the Commission on Colleges of the
14 Southern Association of Colleges and Schools. Priority shall
15 be given to state residents who graduate from a Florida high
16 school or community college.
17 Section 16. Paragraph (b) of subsection (1) and
18 subsection (3) of section 240.606, Florida Statutes, are
19 amended to read:
20 240.606 Florida Work Experience Program.--
21 (1) There is established the Florida Work Experience
22 Program to be administered by the Department of Education. The
23 purpose of the program is to introduce eligible students to
24 work experience that will complement and reinforce their
25 educational program and career goals and provide a self-help
26 student aid program. Such program shall be available to:
27 (b) Any student attending a nonprofit Florida
28 postsecondary education institution that is eligible to
29 participate in either of the student assistance grant programs
30 established in ss. 240.4095 and 240.4097. college or
31 university which: is accredited by a member of the Commission
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1 on Recognition of Postsecondary Accreditation, the credits of
2 which are acceptable, without qualification, for transfer to a
3 state university; grants baccalaureate or associate degrees;
4 is not a pervasively sectarian institution; and is located in
5 and chartered by the state.
6 (3) Each participating institution is authorized to
7 enter into contractual agreements with private or public
8 employers for the purpose of establishing a Florida work
9 experience program. A minimum of 25 percent of the funds for
10 the Florida Work Experience Program shall be used to contract
11 with public schools for student work experience opportunities.
12 Section 17. Sections 240.4025, 240.4045, 240.407,
13 240.4085, and 240.4093, Florida Statutes, are repealed.
14 Section 18. This act shall take effect upon becoming a
15 law.
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