CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Sindler, Wise, Wasserman Schultz, and
12 Mackenzie offered the following:
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14 Amendment to Senate Amendment (640144) (with title
15 amendment)
16 On page 1, line 17 through page 66 line 8,
17 remove from the amendment all of said lines including the text
18 of all unengrossed senate amendments to senate amendment
19 (640144):
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21 and insert in lieu thereof:
22 Section 1. Section 232.2466, Florida Statutes, is
23 amended to read:
24 232.2466 College-ready diploma program.--
25 (1) Beginning with the 1998-1999 1997-1998 school
26 year, each school district shall award a differentiated
27 college-ready diploma to each student who:
28 (a) Successfully completes the requirements for a
29 standard high school diploma as prescribed by s. 232.246.
30 Among courses taken to fulfill the 24-academic-credit
31 requirement, a student must take high school courses that are
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 adopted by the Board of Regents and recommended by the State
2 Board of Community Colleges as college-preparatory academic
3 courses.:
4 1. Two credits in algebra and one credit in geometry,
5 or their equivalents, as determined by the state board.
6 2. One credit in biology, one credit in chemistry, and
7 one credit in physics, or their equivalents, as determined by
8 the state board.
9 3. Two credits in the same foreign language, taken for
10 elective credit. A student whose native language is not
11 English is exempt from this requirement if the student
12 demonstrates proficiency in the native language. American sign
13 language constitutes a foreign language.
14 (b) Takes the postsecondary education common placement
15 test prescribed in s. 240.117, or an equivalent test
16 identified by the State Board of Education, before graduation
17 and scores at or above the established statewide passing score
18 in each test area.
19 (2) A college-ready diploma entitles a student to
20 admission without additional placement testing to a public
21 postsecondary education program that terminates in a technical
22 certificate, an applied technology diploma, an associate in
23 applied science degree, an associate in science degree, or an
24 associate in arts degree, if the student enters postsecondary
25 education within 2 years after earning the college-ready
26 diploma.
27 (3) The Department of Education shall periodically
28 convene a task force of educators and employers to recommend
29 additional incentives for students to pursue a college-ready
30 diploma. The incentives may include awards and recognition,
31 preference for positions in firms, and early registration
2
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 privileges in postsecondary education institutions.
2 Section 2. Paragraphs (o) and (p) are added to
3 subsection (2) of section 233.061, Florida Statutes, to read:
4 233.061 Required instruction.--
5 (2) Members of the instructional staff of the public
6 schools, subject to the rules and regulations of the
7 commissioner, the state board, and the school board, shall
8 teach efficiently and faithfully, using the books and
9 materials required, following the prescribed courses of study,
10 and employing approved methods of instruction, the following:
11 (o) The study of Hispanic contributions to the United
12 States.
13 (p) The study of Women's Contributions to the United
14 States.
15 Section 3. Paragraph (f) is added to subsection (4) of
16 section 239.117, Florida Statutes, to read:
17 239.117 Postsecondary student fees.--
18 (4) The following students are exempt from the payment
19 of registration, matriculation, and laboratory fees:
20 (f) A student who is a proprietor, owner, or worker of
21 a company whose business has been at least 50 percent
22 negatively financially impacted by the buy-out of property
23 around Lake Apopka by the State of Florida. Such a student may
24 receive a fee exemption only if the student has not received
25 compensation because of the buy-out, the student is designated
26 a Florida resident for tuition purposes, pursuant to s.
27 240.1201, and the student has applied for and been denied
28 financial aid, pursuant to s. 240.404, which would have
29 provided, at a minimum, payment of all student fees. The
30 student is responsible for providing evidence to the
31 postsecondary education institution verifying that the
3
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 conditions of this paragraph have been met, including support
2 documentation provided by the Department of Revenue. The
3 student must be currently enrolled in, or begin coursework
4 within, a program area by fall semester 2000. The exemption
5 is valid for a period of 4 years from the date that the
6 postsecondary education institution confirms that the
7 conditions of this paragraph have been met.
8 Section 4. Subsection (1) and paragraph (c) of
9 subsection (3) of section 239.225, Florida Statutes, are
10 amended, and subsection (5) is added to said section, to read:
11 239.225 Vocational Improvement Program.--
12 (1) There is established the Vocational Improvement
13 Program to be administered by the Department of Education
14 pursuant to this section and rules of the State Board for
15 Career Education. Such rules must provide for the submission
16 of applications and distribution of funds pursuant to this
17 section. The priorities for allocation of funds for the
18 program are the development of vocational programs for
19 disadvantaged persons; recruitment, preservice and inservice
20 activities for vocational counselors and teachers; the
21 development of information systems that are compatible between
22 school districts and community colleges; job placement
23 services for vocational completers; the development of
24 exploratory vocational courses; activities that provide
25 faculty articulation for the purpose of integrating vocational
26 and academic instruction; and activities that ensure greater
27 community involvement in career education.
28 (3)
29 (c) The State Board for Career Education may adopt
30 rules necessary to implement the provisions of this
31 subsection.
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 (5) The State Board for Career Education may adopt
2 rules to implement this program.
3 Section 5. Subsections (4) and (5) are added to
4 section 240.1163, Florida Statutes, to read:
5 240.1163 Joint dual enrollment and advanced placement
6 instruction.--
7 (4) School districts and community colleges must weigh
8 college-level dual enrollment courses the same as honors
9 courses and advanced placement courses when grade point
10 averages are calculated. Alternative grade calculation or
11 weighting systems that discriminate against dual enrollment
12 courses are prohibited.
13 (5) The Commissioner of Education may approve dual
14 enrollment agreements for limited course offerings that have
15 statewide appeal. Such programs shall be limited to a single
16 site with multiple county participation.
17 Section 6. Subsections (6), (7), (8), and (9) of
18 section 240.235, Florida Statutes, are renumbered as
19 subsections (7), (8), (9), and (10), respectively, and a new
20 subsection (6) is added to said section to read:
21 240.235 Fees.--
22 (6) Any proprietor, owner, or worker of a company
23 whose business has been at least 50 percent negatively
24 financially impacted by the buy-out of property around Lake
25 Apopka by the State of Florida is exempt from the payment of
26 registration, matriculation, and laboratory fees. A student
27 receiving a fee exemption in accordance with this subsection
28 must not have received compensation because of the buy-out,
29 must be designated a Florida resident for tuition purposes,
30 pursuant to s. 240.1201, and must first have applied for and
31 been denied financial aid, pursuant to s. 240.404, which would
5
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 have provided, at a minimum, payment of all student fees. The
2 student is responsible for providing evidence to the
3 postsecondary education institution verifying that the
4 conditions of this subsection have been met, including support
5 documentation provided by the Department of Revenue. The
6 student must be currently enrolled in, or begin coursework
7 within, a program area by fall semester 2000. The exemption is
8 valid for a period of 4 years from the date that the
9 postsecondary education institution confirms that the
10 conditions of this subsection have been met.
11 Section 7. Subsection (3) of section 240.311, Florida
12 Statutes, is amended to read:
13 240.311 State Board of Community Colleges; powers and
14 duties.--
15 (3) The State Board of Community Colleges shall:
16 (a) Provide for each community college to offer
17 educational training and service programs designed to meet the
18 needs of both students and the communities served.
19 (b) Provide, through rule, for the coordination of the
20 state community college system.
21 (c) Review new associate degree or certificate
22 programs for relationship to student demand; conduct periodic
23 reviews of existing programs; and provide rules for
24 termination of associate degree or certificate programs when
25 excessive duplication exists.
26 (d) Ensure that the rules and procedures of community
27 college district boards relating to admission to, enrollment
28 in, employment in, and programs, services, functions, and
29 activities of each college provide equal access and equal
30 opportunity for all persons.
31 (e) Advise presidents of community colleges of the
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 fiscal policies adopted by the Legislature and of their
2 responsibilities to follow such policies.
3 (f) Specify, by rule, procedures to be used by the
4 boards of trustees in the periodic evaluations of presidents
5 and formally review the evaluations of presidents by the
6 boards of trustees.
7 (g) Recommend to the State Board of Education minimum
8 standards for the operation of each community college as
9 required in s. 240.325, which standards may include, but are
10 not limited to, general qualifications of personnel,
11 budgeting, accounting and financial procedures, educational
12 programs, student admissions and services, and community
13 services.
14 (h) Establish an effective information system which
15 will provide composite data about the community colleges and
16 assure that special analyses and studies about the colleges
17 are conducted, as necessary, for provision of accurate and
18 cost-effective information about the colleges and about the
19 community college system as a whole.
20 (i) Encourage the colleges and the system as a whole
21 to cooperate with other educational institutions and agencies
22 and with all levels and agencies of government in the interest
23 of effective utilization of all resources, programs, and
24 services.
25 (j) Establish criteria for making recommendations
26 relative to modifying district boundary lines and for making
27 recommendations upon all proposals for the establishment of
28 additional centers or campuses for community colleges.
29 (k) Develop a plan in cooperation with the local
30 school district and the Department of Education to include any
31 and all counties in a community college service district.
7
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 (l) Assess the need to consolidate any community
2 colleges.
3 (m) Develop and adopt guidelines relating to salary
4 and fringe benefit policies for community college
5 administrators, including community college presidents.
6 (n) Develop and adopt guidelines relating to official
7 travel by community college employees.
8 (o) Receive an annual administrative review of each
9 community college.
10 1. Such review shall include, but is not limited to,
11 the administrator-to-faculty ratio, the percent of funds for
12 administrative costs in the total budget, and the percent of
13 funds in support programs compared to the percent of funds in
14 instructional programs and may include such other indicators
15 of quality as are necessary.
16 2. The review shall also include all courses offered
17 by a community college outside its district. Courses offered
18 outside the home district which are not approved by the State
19 Board of Community Colleges shall not be counted for funding
20 purposes or to meet enrollment assignments. For purposes of
21 this subparagraph, electronically originated instruction, to
22 include satellite, broadcast, and internet delivered
23 instruction, shall be exempt. Exemption is only permitted when
24 the community college's intent is to offer the instruction for
25 students residing within the community college's home district
26 and only markets the instruction to students residing within
27 the community college's home district. If a community
28 college's intent is to market the electronically originated
29 instruction outside its home district and thus recruit
30 students outside its home district, the community college must
31 receive the approval of the State Board of Community Colleges.
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 The State Board of Community Colleges shall have authority to
2 review any electronically originated instruction for
3 compliance with this section.
4 (p) Encourage and support activities which promote and
5 advance college and statewide direct-support organizations.
6 (q) Specify, by rule, the degree program courses that
7 may be taken by students concurrently enrolled in
8 college-preparatory instruction.
9 Section 8. Section 240.321, Florida Statutes, is
10 amended to read:
11 240.321 Community college district board of trustees;
12 rules for admissions of students.--The board of trustees shall
13 make rules governing admissions of students. These rules
14 shall include the following:
15 (1) Admissions counseling shall be provided to all
16 students entering college credit programs, which counseling
17 shall utilize tests to measure achievement of college-level
18 communication and computation competencies by all students
19 entering college credit programs.
20 (2) Admission to associate degree programs is subject
21 to minimum standards adopted by the State Board of Education
22 and shall require:
23 (a) A standard high school diploma, a high school
24 equivalency diploma as prescribed in s. 229.814, previously
25 demonstrated competency in college credit postsecondary
26 coursework, or, in the case of a student who is home educated,
27 a signed affidavit submitted by the student's parent or legal
28 guardian attesting that the student has completed a home
29 education program pursuant to the requirements of s.
30 232.02(4). Students who are enrolled in a dual enrollment or
31 early admission program pursuant to s. 240.116 and secondary
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 students enrolled in college-level instruction creditable
2 toward the associate degree, but not toward the high school
3 diploma, shall be exempt from this requirement.
4 (b) A demonstrated level of achievement of
5 college-level communication and computation skills. Students
6 entering a postsecondary education program within 2 years of
7 graduation from high school with an earned college-ready
8 diploma issued pursuant to s. 232.2466 shall be exempt from
9 this testing requirement.
10 (c) Any other requirements established by the board of
11 trustees.
12 (3) Admission to other programs within the community
13 college shall include education requirements as established by
14 the board of trustees.
15
16 Each board of trustees shall establish policies that notify
17 students about, and place students into, adult basic
18 education, adult secondary education, or other instructional
19 programs that provide students with alternatives to
20 traditional college-preparatory instruction, including private
21 provider instruction. Such notification shall include a
22 written listing or a prominent display of information on
23 alternative remedial options that must be available to each
24 student who scores below college level in any area on the
25 common placement test. The list or display shall include, but
26 is not limited to, options provided by the community college,
27 adult education programs, and programs provided by
28 private-sector providers. The college shall not endorse,
29 recommend, evaluate, or rank any of the providers. The list of
30 providers or the display materials shall include all those
31 providers that request to be included. The written list must
10
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 provide students with specific contact information and
2 disclose the full costs of the course tuition, laboratory
3 fees, and instructional materials of each option listed. A
4 student who elects a private provider for remedial instruction
5 is entitled to enroll in up to 12 credits of college-level
6 courses in skill areas other than those for which the student
7 is being remediated. A student is prohibited from enrolling in
8 additional college-level courses until the student scores
9 above the cut-score on all sections of the common placement
10 test.
11 Section 9. Section 240.324, Florida Statutes, is
12 amended to read:
13 240.324 Community college accountability process.--
14 (1) It is the intent of the Legislature that a
15 management and accountability process be implemented which
16 provides for the systematic, ongoing improvement and
17 assessment of the improvement of the quality and efficiency of
18 the State Community College System. Accordingly, the State
19 Board of Community Colleges and the community college boards
20 of trustees shall develop and implement an accountability a
21 plan to improve and evaluate the instructional and
22 administrative efficiency and effectiveness of the State
23 Community College System. This plan shall be designed in
24 consultation with staff of the Governor and the Legislature
25 and must address the following issues:
26 (a) Graduation rates of A.A. and A.S. degree-seeking
27 students compared to first-time-enrolled students seeking the
28 associate degree.
29 (b) Minority student enrollment and retention rates.
30 (c) Student performance, including student performance
31 in college-level academic skills, mean grade point averages
11
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 for community college A.A. transfer students, and community
2 college student performance on state licensure examinations.
3 (d) Job placement rates of community college
4 vocational students.
5 (e) Student progression by admission status and
6 program.
7 (f) Vocational accountability standards identified in
8 s. 239.229.
9 (g) Other measures as identified by the Postsecondary
10 Education Planning Commission and approved by the State Board
11 of Community Colleges.
12 (2) By January 1, 1992, the State Board of Community
13 Colleges shall submit to the Governor, the President of the
14 Senate, and the Speaker of the House of Representatives a plan
15 for addressing these issues. The plan must provide a specific
16 timetable that identifies specific issues to be addressed each
17 year and must provide for full implementation by December 31,
18 1994. Beginning September 1, 1998 December 31, 1992, the State
19 Board of Community Colleges shall submit an annual interim
20 report, to coincide with the submission of the agency
21 strategic plan required by law, providing the results of
22 initiatives taken during the prior year and the initiatives
23 and related objective performance measures proposed for the
24 next year. The initial plan and each interim plan shall be
25 designed in consultation with staff of the Governor and the
26 Legislature.
27 (3) Beginning January 1, 1993, The State Board of
28 Community Colleges shall address within the annual evaluation
29 of the performance of the executive director, and the boards
30 of trustees shall address within the annual evaluation of the
31 presidents, the achievement of the performance goals
12
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 established by the accountability process in the community
2 college accountability plan.
3 Section 10. Subsections (4) through (14) of section
4 240.35, Florida Statutes, as amended by chapter 97-383, Laws
5 of Florida, are renumbered as subsections (5) through (15),
6 respectively, paragraph (c) of present subsection (10) is
7 amended, and a new subsection (4) is added to said section, to
8 read:
9 240.35 Student fees.--Unless otherwise provided, the
10 provisions of this section apply only to fees charged for
11 college credit instruction leading to an associate degree,
12 including college-preparatory courses defined in s. 239.105.
13 (4) Any proprietor, owner, or worker of a company
14 whose business has been at least 50 percent negatively
15 financially impacted by the buy-out of property around Lake
16 Apopka by the State of Florida is exempt from the payment of
17 registration, matriculation, and laboratory fees. A student
18 receiving a fee exemption in accordance with this subsection
19 must not have received compensation because of the buy-out,
20 must be designated a Florida resident for tuition purposes
21 pursuant to s. 240.1201, and must first have applied for and
22 been denied financial aid, pursuant to s. 240.404, which would
23 have provided, at a minimum, payment of all student fees. The
24 student is responsible for providing evidence to the
25 postsecondary education institution verifying that the
26 conditions of this subsection have been met, including support
27 documentation provided by the Department of Revenue. The
28 student must be currently enrolled in, or begin coursework
29 within, a program area by fall semester 2000. The exemption
30 is valid for a period of 4 years from the date that the
31 postsecondary education institution confirms that the
13
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 conditions of this subsection have been met.
2 (11)(10)
3 (c) Up to 25 percent or $250,000, whichever is
4 greater, of the fees collected may be used to assist students
5 who demonstrate academic merit, who participate in athletics,
6 public service, cultural arts, and other extracurricular
7 programs as determined by the institution, or who are
8 identified as members of a targeted gender or ethnic minority
9 population. The financial aid fee revenues allocated for
10 athletic scholarships and fee exemptions provided pursuant to
11 subsection (15) (14) for athletes shall be distributed
12 equitably as required by s. 228.2001(3)(d). A minimum of 50
13 percent of the balance of these funds shall be used to provide
14 financial aid based on absolute need, and the remainder of the
15 funds shall be used for academic merit purposes and other
16 purposes approved by the district boards of trustees. Such
17 other purposes shall include the payment of child care fees
18 for students with financial need. The State Board of
19 Community Colleges shall develop criteria for making financial
20 aid awards. Each college shall report annually to the
21 Department of Education on the criteria used to make awards,
22 the amount and number of awards for each criterion, and a
23 delineation of the distribution of such awards. Awards which
24 are based on financial need shall be distributed in accordance
25 with a nationally recognized system of need analysis approved
26 by the State Board of Community Colleges. An award for
27 academic merit shall require a minimum overall grade point
28 average of 3.0 on a 4.0 scale or the equivalent for both
29 initial receipt of the award and renewal of the award.
30 Section 11. Subsections (4) and (7) of section 240.36,
31 Florida Statutes, are amended to read:
14
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 240.36 Dr. Philip Benjamin Academic Improvement Trust
2 Fund for Community Colleges.--
3 (4) Challenge grants shall be proportionately
4 allocated from the trust fund on the basis of matching each $4
5 of state funds with $6 of local or private funds. The matching
6 funds shall come from contributions made after July 1, 1983,
7 for the purposes of matching this grant. To be eligible, a
8 minimum of $4,500 must be raised from private sources, and
9 such contributions must be in excess of the total average
10 annual cash contributions made to the foundation at each
11 community college in the 3 fiscal years before July 1, 1983.
12 (7)(a) The board of trustees of the community college
13 and the State Board of Community Colleges are responsible for
14 determining the uses for the proceeds of their respective
15 trust funds. Such uses of the proceeds shall be limited to
16 expenditure of the funds for:
17 1. Scientific and technical equipment.
18 2. Other activities that will benefit future students
19 as well as students currently enrolled at the community
20 college and that will improve the quality of education at the
21 community college or in the community college system.
22 3. Scholarships, loans, or need-based grants, which
23 are the lowest priority for use of these funds.
24 (b) If a community college includes scholarships,
25 loans, or need-based grants in its proposal, it shall create
26 an endowment in its academic improvement trust fund and use
27 the earnings of the endowment to provide scholarships, loans,
28 or need-based grants. in its proposal, it shall create an
29 endowment in its academic improvement trust fund and use the
30 earnings of the endowment to provide scholarships. Such
31 scholarships must be program specific and require high
15
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 academic achievement for students to qualify for or retain the
2 scholarship. A scholarship program may be used for minority
3 recruitment but may not be used for athletic participants. The
4 board of trustees may award scholarships to students in
5 associate in arts programs and vocational programs. However,
6 for vocational programs, the board of trustees must have
7 designated the program as a program of emphasis for quality
8 improvement, a designation that should be restricted to a
9 limited number of programs at the community college. In
10 addition, the board of trustees must have adopted a specific
11 plan that details how the community college will improve the
12 quality of the program designated for emphasis and that
13 includes quality measures and outcome measures. Over a period
14 of time, the community college operating budget should show
15 additional financial commitment to the program of emphasis
16 above and beyond the average increases to other programs
17 offered by the community college. Fundraising activities must
18 be specifically identified as being for the program of
19 emphasis or scholarship money. The community college must
20 fully levy the amount for financial aid purposes provided by
21 s. 240.35(10) in addition to the tuition and matriculation fee
22 before any scholarship funds are awarded to the community
23 college as part of its approved request.
24 (b)(c) Proposals for use of the trust fund shall be
25 submitted to the State Board of Community Colleges for
26 approval. Any proposal not acted upon in 60 days shall be
27 considered not approved.
28 Section 12. Subsection (5) of section 240.382, Florida
29 Statutes, is amended to read:
30 240.382 Establishment of child development training
31 centers at community colleges.--
16
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 (5) In addition to revenues derived from child care
2 fees charged to parents and other external resources, each
3 child development training center may be funded by a portion
4 of funds from the student activity and service fee authorized
5 by s. 240.35(10)(9) and the capital improvement fee authorized
6 by s. 240.35(14)(13). Community colleges are authorized to
7 transfer funds as necessary from the college's general fund to
8 support the operation of the child development training
9 center.
10 Section 13. Subsection (2) of section 240.4097,
11 Florida Statutes, is amended to read:
12 240.4097 Florida Postsecondary Student Assistance
13 Grant Program; eligibility for grants.--
14 (2)(a) Florida postsecondary student assistance grants
15 through the State Student Financial Assistance Trust Fund may
16 be made only to full-time degree-seeking students who meet the
17 general requirements for student eligibility as provided in s.
18 240.404, except as otherwise provided in this section. Such
19 grants shall be awarded for the amount of demonstrated unmet
20 need for tuition and fees and may not exceed a total of $1,500
21 per academic year, or as specified in the General
22 Appropriations Act, to any applicant. A demonstrated unmet
23 need of less than $200 shall render the applicant ineligible
24 for a Florida postsecondary student assistance grant.
25 Recipients of such grants must have been accepted at a
26 postsecondary institution that is located in and chartered as
27 a domestic corporation by the state and that is:
28 1. A private nursing diploma school approved by the
29 Florida Board of Nursing; or
30 2. An institution either licensed by the State Board
31 of Independent Colleges and Universities or exempt from
17
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 licensure pursuant to s. 246.085(1)(a), excluding those
2 institutions the students of which are eligible to receive a
3 Florida private student assistance grant pursuant to s.
4 240.4095.
5
6 No student may receive an award for more than the equivalent
7 of 9 semesters or 14 quarters in a period of not more than 6
8 consecutive years, except as otherwise provided in s.
9 240.404(3).
10 (b) A student applying for a Florida postsecondary
11 student assistance grant shall be required to apply for the
12 Pell Grant. The Pell Grant entitlement shall be considered by
13 the department when conducting an assessment of the financial
14 resources available to each student.
15 (c) The criteria and procedure for establishing
16 standards of eligibility shall be determined by the
17 department. The department is directed to establish a rating
18 system upon which to base the approval of grants, including
19 the use of a nationally recognized system of need analysis.
20 The system shall include a certification of acceptability by
21 the school of the applicant's choice. Priority in the
22 distribution of grant moneys shall be given to students with
23 the lowest total family resources, as determined pursuant to
24 this subsection, taking into consideration the receipt of Pell
25 Grants and student contributions to educational costs.
26 Section 14. Section 246.201, Florida Statutes, is
27 amended to read:
28 246.201 Legislative intent.--
29 (1) Sections 246.201-246.231 shall provide for the
30 protection of the health, education, and welfare of the
31 citizens of Florida and shall facilitate and promote the
18
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 acquisition of a minimum satisfactory career, technical,
2 trade, and business education by all the citizens of this
3 state. There are presently many fine nonpublic schools
4 existing in this state, but there are some nonpublic schools
5 which do not generally offer those educational opportunities
6 which the citizens of Florida deem essential. The latter type
7 of school also fails to contribute to the ultimate health,
8 education, and welfare of the citizens of Florida. It shall
9 be in the interest of, and essential to, the public health and
10 welfare that the state create the means whereby all nonpublic
11 postsecondary career independent degree career education,
12 technical, trade, and business schools as defined in s.
13 246.203(1) shall satisfactorily meet minimum educational
14 standards and fair consumer practices.
15 (2) A common practice in our society is to use
16 diplomas and degrees for many purposes. Some of these
17 purposes are: for employers to judge the qualifications of
18 prospective employees; for public and nonpublic professional
19 groups, vocational groups, educational agencies, governmental
20 agencies, and educational institutions to determine the
21 qualifications for admission to, and continuation of,
22 educational goals, occupational goals, professional
23 affiliations, or occupational affiliations; and for public and
24 professional assessment of the extent of competency of
25 individuals engaged in a wide range of activities within our
26 society.
27 (3) Because of the common use of diplomas and degrees,
28 the minimum legal requirements provided by ss. 246.201-246.231
29 for the establishment and operation of nonpublic postsecondary
30 career independent degree career education, technical, trade,
31 and business schools shall protect the individual student from
19
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 deceptive, fraudulent, or substandard education; protect such
2 independent degree career education, technical, trade, and
3 business schools; and protect the citizens of Florida holding
4 diplomas or degrees.
5 (4) Nothing contained herein is intended in any way,
6 nor shall be construed, to regulate the stated purpose of an
7 independent degree career education, technical, trade, and
8 business school or to restrict any religious instruction or
9 training in a nonpublic school. Any school or business
10 regulated by the state or approved, certified, or regulated by
11 the Federal Aviation Administration is hereby expressly exempt
12 from ss. 246.201-246.231. Nonprofit schools, owned,
13 controlled, operated, and conducted by religious,
14 denominational, eleemosynary, or similar public institutions
15 exempt from property taxation under the laws of this state
16 shall be exempt from the provisions of ss. 246.201-246.231.
17 However, such schools may choose to apply for a license
18 hereunder, and, upon approval and issuance thereof, such
19 schools shall be subject to ss. 246.201-246.231.
20 Section 15. Subsections (1) and (7) of section
21 246.203, Florida Statutes, are amended to read:
22 246.203 Definitions.--As used in ss. 246.201-246.231,
23 unless the context otherwise requires:
24 (1) "School" means any nonpublic postsecondary
25 noncollegiate career educational institution, association,
26 corporation, person, partnership, or organization of any type
27 that:
28 (a) Offers to provide or provides any postsecondary
29 program of instruction, course, or class through the student's
30 personal attendance, in the presence of an instructor, in a
31 classroom, clinical, or other practicum setting or through
20
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 correspondence or other distance learning; and
2 (b) Represents, directly or by implication, that the
3 instruction will qualify the student for employment in any
4 occupation whose practice in this state does not require a
5 degree, as defined in s. 246.021(5); and
6 (c) Receives remuneration from the student or any
7 other source on the enrollment of a student or on the number
8 of students enrolled; or
9 (d) Offers to award or awards a diploma, as defined in
10 subsection (6), regardless of whether or not it engages in the
11 activities described in paragraph (a), paragraph (b), or
12 paragraph (c). nongovernmental, postsecondary, vocational,
13 technical, trade, or business noncollegiate educational
14 institution, organization program, home study course, or class
15 maintained or conducted in residence or through correspondence
16 by any person, partnership, association, organization, or
17 corporation for the purpose of offering instruction of any
18 kind leading to occupational objectives or of furnishing a
19 diploma, as defined in subsection (6), in business,
20 management, trade, technical, or other career education and
21 professional schools not otherwise regulated. Nonpublic
22 colleges and universities which award a baccalaureate or
23 higher degree, and nonpublic junior colleges which award an
24 associate degree in liberal arts do not fall under the
25 authority granted in ss. 246.201-246.231 unless the college,
26 university, or junior college conducts, or seeks to conduct, a
27 program for which a diploma, as defined in subsection (6), is
28 to be awarded. Any nonpublic college, university, or junior
29 college which conducts or seeks to conduct a diploma program
30 shall, for the purposes of ss. 246.201-246.231, be included in
31 the definition of "school." Schools offering only examination
21
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 preparation courses for which they do not award a diploma as
2 defined in subsection (6) do not fall under the authority
3 granted in ss. 246.201-246.231; nor does a nonprofit class
4 provided and operated entirely by an employer, a group of
5 employers in related business or industry, or a labor union
6 solely for its employees or prospective employees or members.
7 (7) "Board" means the State Board of Nonpublic Career
8 Education Independent Postsecondary Vocational, Technical,
9 Trade, and Business Schools.
10 Section 16. Subsections (1) and (2) of section
11 246.205, Florida Statutes, are amended to read:
12 246.205 State Board of Nonpublic Career Education
13 Independent Postsecondary Vocational, Technical, Trade, and
14 Business Schools.--
15 (1) There shall be established in the Department of
16 Education a State Board of Nonpublic Career Education
17 Independent Postsecondary Vocational, Technical, Trade, and
18 Business Schools. The board shall be assigned to the
19 Department of Education only for the purpose of payroll,
20 procurement, and related administrative functions which shall
21 be exercised by the head of the department. The board shall
22 independently exercise the other powers, duties, and functions
23 prescribed by law. The board shall include nine members,
24 appointed by the Governor as follows:
25 (a) One from a business school;
26 (b) One from a technical school;
27 (c) One from a home study school;
28 (d) One from a nonpublic school;
29 (e) Four from business and industry; and
30 (f) An administrator of vocational-technical education
31 from a public school district or community college.
22
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 (2) Each of the members shall be appointed by the
2 Governor, subject to confirmation by the Senate, for a term of
3 3 years. Of the original members appointed by the Governor,
4 three shall serve for terms of 1 year, three shall serve for
5 terms of 2 years, and three shall serve for terms of 3 years.
6 Of the appointive members from the nonpublic postsecondary
7 career independent schools, each shall have occupied executive
8 or managerial positions in a nonpublic postsecondary career an
9 independent school in this state for at least 5 years. All
10 members shall be residents of this state. In the event of a
11 vacancy on the board caused other than by the expiration of a
12 term, the Governor shall appoint a successor to serve the
13 unexpired term.
14 Section 17. Subsection (1) and paragraph (e) of
15 subsection (2) of section 246.207, Florida Statutes, are
16 amended to read:
17 246.207 Powers and duties of board.--
18 (1) The board shall:
19 (a) Hold such meetings as are necessary to administer
20 efficiently the provisions of ss. 246.201-246.231.
21 (b) Select annually a chairperson and a vice
22 chairperson.
23 (c) Adopt and use an official seal in the
24 authentication of its acts.
25 (c)(d) Make rules for its own government.
26 (d)(e) Prescribe and recommend to the State Board of
27 Education rules as are required by ss. 246.201-246.231 or as
28 it may find necessary to aid in carrying out the objectives
29 and purposes of ss. 246.201-246.231.
30 (e)(f) Administer ss. 246.201-246.231 and execute such
31 rules adopted pursuant thereto by the State Board of Education
23
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 for the establishment and operation of nonpublic postsecondary
2 career independent schools as defined in s. 246.203(1).
3 (f)(g) Appoint, on the recommendation of its
4 chairperson, executives, deputies, clerks, and employees of
5 the board.
6 (g)(h) Maintain a record of its proceedings.
7 (h)(i) Cooperate with other state and federal agencies
8 in administering ss. 246.201-246.231.
9 (i)(j) Prepare an annual budget.
10 (j)(k) Transmit all fees, donations, and other
11 receipts of money to the Institutional Assessment Trust Fund
12 State Treasurer to be deposited in the General Revenue Fund.
13 (k)(l) Transmit to the Governor, the Speaker of the
14 House of Representatives, the President of the Senate, the
15 minority leader of the Senate, and the minority leader of the
16 House of Representatives on July 1, 1987, and each succeeding
17 year an annual report which shall include, but not be limited
18 to:
19 1. A detailed accounting of all funds received and
20 expended.
21 2. The number of complaints received and investigated,
22 by type.
23 3. The number of findings of probable cause.
24 4. A description of disciplinary actions taken, by
25 statutory classification.
26 5. A description of all administrative hearings and
27 court actions.
28 6. A description of the board's major activities
29 during the previous year.
30 (l)(m) Assure that no school that has met board
31 requirements established by law or rule be made to operate
24
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 without a current license due to scheduling of board meetings
2 or application procedures for license renewal.
3 (m)(n) Cause to be investigated criminal justice
4 information, as defined in s. 943.045, for each owner,
5 administrator, and agent employed by a school applying for
6 licensure or renewal of licensure.
7 (n)(o) Serve as a central agency for collection and
8 distribution of current information regarding institutions
9 licensed by the board.
10 1. The data collected by the board shall include
11 information relating to the school administration, calendar
12 system, admissions requirements, student costs and financial
13 obligations, financial aid information, refund policy,
14 placement services, number of full-time and part-time faculty,
15 student enrollment and demographic figures, programs, and
16 off-campus programs. Other information shall be collected in
17 response to specific needs or inquiries. Financial
18 information of a strictly proprietary, commercial nature is
19 excluded from this requirement.
20 2. The data collected by the board must also include
21 the data for the career education program evaluation reports
22 required by s. 239.233 for each school that chooses to provide
23 public information under s. 239.245.
24 3. The board shall provide to each participating
25 institution annually the format, definitions, and instructions
26 for submitting the required information.
27 4. The data submitted by each institution shall be
28 accompanied by a letter of certification signed by the chief
29 administrative officer of the institution, affirming that the
30 information submitted is accurate.
31 5. A summary of the data collected by the board shall
25
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 be included in the annual report to the Governor, the Speaker
2 of the House of Representatives and the President of the
3 Senate, the minority leader of the Senate, and the minority
4 leader of the House of Representatives. The information
5 collected by the board may also be used by the Department of
6 Education for such purposes as statewide master planning,
7 state financial aid programs, and publishing directories, by
8 the Legislature, and to respond to consumer inquiries received
9 by the board.
10 (p) Publish and index all policies and agency
11 statements. If a policy or agency statement meets the criteria
12 of a rule, as defined in s. 120.52, the board shall adopt it
13 as a rule.
14 (o)(q) Establish and publicize the procedures for
15 receiving and responding to complaints from students, faculty,
16 and others about schools or programs licensed by the board and
17 shall keep records of such complaints in order to determine
18 their frequency and nature for specific institutions of higher
19 education. With regard to any written complaint alleging a
20 violation of any provision of ss. 246.201-246.231 or any rule
21 promulgated pursuant thereto, the board shall periodically
22 notify, in writing, the person who filed the complaint of the
23 status of the investigation, whether probable cause has been
24 found, and the status of any administrative action, civil
25 action, or appellate action, and if the board has found that
26 probable cause exists, it shall notify, in writing, the party
27 complained against of the results of the investigation and
28 disposition of the complaint. The findings of the probable
29 cause panel, if a panel is established, shall not be disclosed
30 until the information is no longer confidential.
31 (2) The board may:
26
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 (e) Issue a license to any school subject to ss.
2 246.201-246.231 which is exempted excluded from the licensing
3 and regulatory requirements of ss. 246.201-246.231, upon
4 voluntary application for such license and upon payment of the
5 appropriate fee as set forth in s. 246.219.
6 Section 18. Section 246.213, Florida Statutes, is
7 amended to read:
8 246.213 Power of State Board of Education.--
9 (1) The State Board of Education, acting on the
10 recommendation of the State Board of Nonpublic Career
11 Education Independent Postsecondary Vocational, Technical,
12 Trade, and Business Schools, shall adopt such minimum
13 standards and rules as are required for the administration of
14 ss. 246.201-246.231.
15 (2)(a) The minimum educational standards for the
16 licensing of schools shall include, but not be limited to:
17 name of school, purpose, administrative organization,
18 educational program and curricula, finances, financial
19 stability, faculty, library, student personnel services,
20 physical plant and facilities, publications, and disclosure
21 statements about the status of the institution in relation to
22 professional certification and licensure.
23 (b) Rules of the State Board of Education shall
24 require that nonpublic schools administer an entry-level test
25 of basic skills to each student who enrolls in a nondegree
26 program of at least 450 clock hours, or the credit hour
27 equivalent, which purports to prepare such student for
28 employment. The State Board of Nonpublic Career Education
29 Independent Postsecondary Vocational, Technical, Trade, and
30 Business Schools shall designate examinations authorized for
31 use for entry-level testing purposes. State Board of Education
27
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 rules shall require that applicable schools provide students
2 who are deemed to lack a minimal level of basic skills with a
3 structured program of basic skills instruction. No student
4 shall be granted a diploma, as defined in s. 246.203, until he
5 or she has demonstrated mastery of basic skills. Exceptional
6 students, as defined in s. 228.041, may be exempted from the
7 provisions of this paragraph. The State Board of Education
8 shall identify means through which students who are capable of
9 demonstrating mastery of basic skills may be exempted from the
10 provisions of this paragraph.
11 (c) The State Board of Nonpublic Career Education
12 Independent Postsecondary Vocational, Technical, Trade, and
13 Business Schools may request that schools within its
14 jurisdiction provide the board all documents associated with
15 institutional accreditation. The board shall solicit from
16 schools which provide such documents only such additional
17 information undisclosed in the accreditation documents
18 provided. The board may conduct a comprehensive study of a
19 school that fails to provide all documents associated with its
20 institutional accreditation. The cost of such study shall be
21 borne by the institution. Standards imposed by the board shall
22 not be constrained in quality or quantity to those imposed by
23 the respective accrediting body.
24 (d) The State Board of Nonpublic Career Education
25 Independent Postsecondary Vocational, Technical, Trade, and
26 Business Schools shall recommend to the State Board of
27 Education minimum placement standards for institutions that
28 conduct programs that prepare students for employment.
29 (3) The minimum requirements for the licensing of
30 agents shall include: name, residential and business
31 addresses, background training, institution or institutions to
28
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 be represented, and demonstrated knowledge of statutes and
2 rules related to the authority granted to agents and the
3 limitations imposed upon such authority. No employee of a
4 nonpublic school shall solicit prospective students for
5 enrollment in such school until that employee is licensed by
6 the State Board of Nonpublic Career Education Independent
7 Postsecondary Vocational, Technical, Trade, and Business
8 Schools as an agent.
9 (4) The State Board of Nonpublic Career Education
10 Independent Postsecondary Vocational, Technical, Trade, and
11 Business Schools shall adopt criteria for specialized
12 associate degrees, diplomas, certificates, or other
13 educational credentials that will be recognized in licensed
14 schools. The State Board of Nonpublic Career Education
15 Independent Postsecondary Vocational, Technical, Trade, and
16 Business Schools shall adopt a common definition for each
17 credential. To determine the level of a nonpublic an
18 independent institution's vocational program or to establish
19 criteria for a specialized degree, the board shall use
20 procedures developed pursuant to s. 239.205, which requires
21 the Department of Education to determine the level of each
22 public degree career education program.
23 Section 19. Section 246.215, Florida Statutes, is
24 amended to read:
25 246.215 License required.--
26 (1) No nonpublic postsecondary career independent
27 school required to be licensed pursuant to ss. 246.201-246.231
28 shall be operated or established within the state until such
29 school makes application and obtains a license or
30 authorization from the board. Each nonpublic school that
31 seeks licensure shall first submit articles of incorporation
29
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 to the Department of State. After the Department of State
2 approves such articles and verifies that the articles indicate
3 the corporation is a postsecondary school within the meaning
4 and intent of s. 246.203, the corporation shall apply for
5 licensure by the board within 60 days of approval of the
6 articles. Department of State approval of the articles of
7 incorporation shall not constitute authorization to operate
8 the nonpublic school. The Department of State shall
9 immediately transmit approved articles of incorporation for
10 nonpublic schools to the board.
11 (2) No agent shall solicit any prospective student for
12 enrollment in a nonpublic school until both the agent and the
13 school are appropriately licensed or otherwise authorized by
14 the board.
15 (3) No nonpublic postsecondary career independent
16 school required to be licensed pursuant to ss. 246.201-246.231
17 shall advertise in any manner until such school is granted an
18 appropriate license by the board, nor shall any licensed
19 school advertise in any manner while such school is under an
20 injunction against operating, soliciting students, or offering
21 diplomas.
22 (4) No license granted by the board shall be
23 transferable to another nonpublic postsecondary career
24 independent school or to another agent, nor shall school
25 licensure transfer upon a change in ownership of the
26 institution.
27 (5) Each license granted by the board shall delineate
28 the specific nondegree programs that the nonpublic school is
29 authorized to offer. No such school shall conduct a program
30 unless express authority is granted in its license.
31 (6) A diploma program offered by a nonpublic junior
30
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 college, college, or university must be licensed by the board,
2 notwithstanding the fact that such institution is concurrently
3 subject to the jurisdiction of the State Board of Independent
4 Colleges and Universities, if such program does the following:
5 (a) The program qualifies a student for employment or
6 engagement in an occupation whose practice in this state does
7 not require a degree.
8 (b) The program awards a diploma, as defined in s.
9 246.203(6), for successful completion, including any program
10 that is organized to give students an option of exiting at a
11 specified point and receiving a diploma, or continuing and
12 receiving a degree, as defined in s. 246.021(5).
13 Section 20. Section 246.216, Florida Statutes, is
14 created to read:
15 246.216 Exemption from licensure.--
16 (1) A person or entity which otherwise fits the
17 definition of school in s. 246.203(1) shall be exempt from
18 licensure if it meets the criteria specified in this section
19 and applies to the board for a statement of exemption. The
20 board shall issue a statement of exemption if it determines,
21 based on all available information, that the applicant meets
22 the following criteria:
23 (a) The entity is a church or religious organization
24 whose programs of instruction include:
25 1. A religious modifier in the title of the program,
26 immediately preceding the name of the occupation to which the
27 instruction relates, and in the title of the diploma.
28 2. No representation, directly or by implication, that
29 individuals who successfully complete the program will be
30 qualified to be employed in the field to which the training
31 relates by an employer other than a church or religious
31
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 organization.
2 3. No students who receive state or federal financial
3 aid to pursue the program;
4 (b) The person or entity is regulated by the Federal
5 Aviation Administration, another agency of the Federal
6 Government, or an agency of the state whose regulatory laws
7 are similar in nature and purpose to those of the board and
8 require minimum educational standards, for at least
9 curriculum, instructors, and academic progress and provide
10 protection against fraudulent, deceptive, and substandard
11 education practices;
12 (c) The person or entity offers only examination
13 preparation courses provided that:
14 1. A diploma as defined in s. 246.203(6) is not
15 awarded.
16 2. The courses do not include state licensing
17 examinations in occupations for which state laws do not
18 require a licensee to have a bachelor's degree or higher
19 academic or professional degree;
20 (d) The person or entity is:
21 1. An employer who offers training and trains only its
22 own bona fide employees;
23 2. A trade or professional association or a group of
24 employers in the same or related business who in writing agree
25 to offer training and to train only individuals who are bona
26 fide employees of an employer who is a member of the
27 association or a party to the written agreement; or
28 3. An independent contractor engaged by any of the
29 foregoing by written contract to provide the training on its
30 behalf exclusively to individuals who are selected by the
31 employer, association, or group which engaged the contractor
32
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 and who are bona fide employees thereof.
2
3 For purposes of this paragraph, a bona fide employee is an
4 individual who works for salary or wages paid by the employer
5 in at least the minimum amount required by law;
6 (e) The entity is a labor union or group of labor
7 unions which offers training to, and trains only, individuals
8 who are dues paying members of a participating labor union; or
9 the person or entity is an independent contractor engaged by
10 the labor union or group of labor unions, by written contract,
11 to provide the training on its behalf exclusively to
12 individuals who are selected by the labor union or group of
13 labor unions which engaged the contractor and who are dues
14 paying members thereof;
15 (f) The person or entity offers only continuing
16 education programs to individuals who engage in an occupation
17 or profession whose practitioners are subject to licensure,
18 certification, or registration by a state agency which
19 recognizes the programs for continuing education purposes and
20 provides a written statement of such recognition; or
21 (g) The person or entity offers a program of
22 instruction whose objective is not occupational, but is
23 avocational and only for personal enrichment and which:
24 1. Prior to enrollment, gives to each enrollee, and
25 maintains a record copy of, a written statement which states
26 substantially the following: "This program is not designed or
27 intended to qualify its participants and graduates for
28 employment in (the field to which the training pertains). It
29 is intended solely for the avocation, personal enrichment, and
30 enjoyment of its participants."
31 2. Makes no other verbal or written statements which
33
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 negate the written statement required in subparagraph 1. by
2 stating or implying that persons who enroll in or complete the
3 program have any more substantial likelihood of getting
4 employment in the field to which the training pertains than
5 persons who do not.
6 3. Maintains and makes available to the board, upon
7 request, records which demonstrate that each enrollee received
8 the statement required by subparagraph 1. prior to
9 enrollment.
10
11 To be eligible for the statement of exemption, the applicant
12 must maintain records documenting its qualification for
13 exemption. A person or entity which is exempt pursuant to this
14 subsection and which is also a licensee for programs which do
15 not qualify for exemption may not include in the catalog,
16 contract, or advertising relating to its licensed program any
17 reference to its unlicensed programs. This restriction does
18 not apply to a licensee which voluntarily becomes licensed to
19 offer programs which would otherwise qualify for exemption.
20 (2) The board shall revoke a statement of exemption if
21 it determines, based on all available information, that the
22 entity does not meet the criteria required in subsection (1)
23 because of the following:
24 (a) There has been a material change in circumstances
25 or in the law;
26 (b) The statement was erroneously issued as a result
27 of false or misleading information provided by the applicant
28 or other source;
29 (c) There was a misunderstanding by the board of the
30 information which it had considered; or
31 (d) New information has been received.
34
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1
2 Probable cause proceedings do not apply to the foregoing board
3 decisions.
4 (3) The board may invoke the remedies provided in s.
5 246.227 when no application for a statement of exemption is
6 pending; in conjunction with, or subsequent to, its notice of
7 denial of an application; or in conjunction with, or
8 subsequent to, its notice of revocation. The filing of a civil
9 action pursuant to s. 246.227 shall have the effect of
10 suspending administrative proceedings under this section
11 unless the board takes a voluntary dismissal without prejudice
12 in a judicial case. An order of the court which determines or
13 renders moot an issue presented in suspended administrative
14 proceedings shall be grounds for dismissal of the
15 administrative proceeding as to that issue.
16 Section 21. Subsection (1) of section 246.219, Florida
17 Statutes, is amended to read:
18 246.219 License fees.--
19 (1) Each initial application for a license to operate
20 a nonpublic postsecondary career school shall be accompanied
21 by a license fee of not less than $500, and each application
22 for the renewal of such license shall be accompanied by an
23 annual license fee of at least $300, provided that the fee for
24 a biennial license shall be at least $600. A fee shall be
25 charged for a supplementary application for the approval of
26 any additional field or course of instruction. Such fees
27 shall be delineated, by rule, by the board.
28 Section 22. Section 246.220, Florida Statutes, is
29 amended to read:
30 246.220 Surety bonds or insurance.--Surety bonds or
31 insurance shall not be required of any school licensed by the
35
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Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 State Board of Nonpublic Career Education Independent
2 Postsecondary Vocational, Technical, Trade, and Business
3 Schools, except as may be required by the board to insure the
4 train-out of projected or currently enrolled students,
5 issuance of refunds to projected or currently enrolled
6 students, payment of liabilities to the Student Protection
7 Fund, or for the retrieval or safekeeping of student records.
8 Section 23. Subsections (1) and (4) of section
9 246.2265, Florida Statutes, are amended to read:
10 246.2265 Additional regulatory powers while
11 disciplinary proceedings are pending; cease and desist
12 orders.--
13 (1) The board may, in conjunction with an
14 administrative complaint or notice of denial of licensure,
15 issue cease and desist orders for the purpose of protecting
16 the health, safety, and welfare of students, prospective
17 students, and the general public. Such orders may be
18 mandatory or prohibitory in form and may order a nonpublic an
19 independent postsecondary career institution, officer,
20 employee, or agent to:
21 (a) Cease and desist from specified conduct which
22 relates to acts or omissions stated in the administrative
23 complaint or notice of denial of licensure; or
24 (b) Cease and desist from failing to engage in
25 specified conduct which is necessary to achieve or preserve
26 the regulatory purposes of ss. 246.201-246.231.
27 (4) The executive director of the board, with the
28 approval of the chair of the board, may issue and deliver a
29 cease and desist order to a nonpublic an independent
30 postsecondary career institution.
31 Section 24. Subsections (2) and (3) of section
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 246.227, Florida Statutes, are amended to read:
2 246.227 Injunctive relief; unlicensed operation of a
3 school; cease and desist notice; civil penalty.--
4 (2) An unlicensed nonpublic independent postsecondary
5 career institution required to be licensed pursuant to ss.
6 246.201-246.231 that advertises or causes advertisements to be
7 made public through which students are solicited for
8 enrollment or are offered diplomas shall be in violation of
9 the provisions of ss. 246.201-246.231. A licensed nonpublic
10 independent postsecondary career institution that is under
11 temporary or permanent injunction against operating or
12 offering diplomas that advertises or causes advertisements to
13 be made public through which students are solicited for
14 enrollment or are offered diplomas shall be in violation of
15 such injunctive order upon presentation to the court of the
16 advertisement.
17 (3) The executive director of the board, with the
18 approval of the chair of the board, may issue and deliver a
19 cease and desist order to any nonpublic independent
20 postsecondary career institution or agent required to be
21 licensed pursuant to ss. 246.201-246.231 that is not so
22 licensed. The board may file, in the name of the state, a
23 proceeding which seeks issuance of an injunction against any
24 person in violation of any provision of such order.
25 Section 25. Subsection (1) of section 246.31, Florida
26 Statutes, is amended to read:
27 246.31 Institutional Assessment Trust Fund.--
28 (1) There is created an Institutional Assessment Trust
29 Fund to be administered by the Department of Education
30 pursuant to this section and rules of the State Board of
31 Education. The trust fund shall consist of all fees and fines
37
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 imposed upon nonpublic colleges and schools pursuant to this
2 chapter, including all fees collected from nonpublic colleges
3 for participation in the common course designation and
4 numbering system. The department shall maintain separate
5 revenue accounts for the State Board of Independent Colleges
6 and Universities; the State Board of Nonpublic Career
7 Education Independent Postsecondary Vocational, Technical,
8 Trade, and Business Schools; and the Department of Education.
9 Section 26. Subsection (6) of section 20.15, Florida
10 Statutes, is amended to read:
11 20.15 Department of Education.--There is created a
12 Department of Education.
13 (6) COUNCILS AND COMMITTEES.--Notwithstanding anything
14 contained in law to the contrary, the Commissioner of
15 Education shall appoint all members of all councils and
16 committees of the Department of Education, except the Board of
17 Regents, the State Board of Community Colleges, the community
18 college district boards of trustees, the Postsecondary
19 Education Planning Commission, the Education Practices
20 Commission, the Education Standards Commission, the State
21 Board of Independent Colleges and Universities, the Florida
22 Commission on Education Reform and Accountability, and the
23 State Board of Nonpublic Career Education Independent
24 Postsecondary Vocational, Technical, Trade, and Business
25 Schools.
26 Section 27. Subsection (5) of section 240.40204,
27 Florida Statutes, is amended to read:
28 240.40204 Florida Bright Futures Scholarship Program;
29 eligible postsecondary education institutions.--A student is
30 eligible for an award or the renewal of an award from the
31 Florida Bright Futures Scholarship Program if the student
38
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 meets the requirements for the program as described in this
2 act and is enrolled in a postsecondary education institution
3 that meets the description in any one of the following
4 subsections:
5 (5) A Florida independent postsecondary education
6 institution that is licensed by the State Board of Nonpublic
7 Career Education Independent Postsecondary Vocational,
8 Technical, Trade, or Business Schools and which:
9 (a) Has a program completion and placement rate of at
10 least the rate required by the current Florida Statutes, the
11 Florida Administrative Code, or the Department of Education
12 for an institution at its level; and
13 (b) Shows evidence of sound financial condition; and
14 either:
15 1. Is accredited at the institutional level by an
16 accrediting agency recognized by the United States Department
17 of Education and has operated in the state for at least 3
18 years during which there has been no complaint for which
19 probable cause has been found; or
20 2. Has operated in Florida for 5 years during which
21 there has been no complaint for which probable cause has been
22 found.
23 Section 28. Subsection (3) of section 246.011, Florida
24 Statutes, is amended to read:
25 246.011 Purpose.--
26 (3) It is the intent of the Legislature that a
27 nonpublic college which offers both degrees and vocational
28 certificates or diplomas shall be subject to the rules of the
29 State Board of Independent Colleges and Universities as
30 provided by ss. 246.011-246.151 and the State Board of
31 Nonpublic Career Education Independent Postsecondary
39
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Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 Vocational, Technical, Trade, and Business Schools as provided
2 by ss. 246.201-246.231.
3 Section 29. Subsection (3) of section 246.081, Florida
4 Statutes, is amended to read:
5 246.081 License, certificate of exemption, or
6 authorization required; exceptions.--
7 (3) No nonpublic college shall continue to conduct or
8 begin to conduct any diploma program, as defined in s.
9 246.203, unless the college applies for and obtains from the
10 State Board of Nonpublic Career Education Independent
11 Postsecondary Vocational, Technical, Trade, and Business
12 Schools a license or authorization for such diploma program in
13 the manner and form prescribed by the State Board of Nonpublic
14 Career Education Independent Postsecondary Vocational,
15 Technical, Trade, and Business Schools.
16 Section 30. Subsection (3) of section 246.085, Florida
17 Statutes, is amended to read:
18 246.085 Certificate of exemption.--
19 (3) Any college which holds a certificate of exemption
20 and which conducts any diploma program, as defined in s.
21 246.203, shall be subject to licensure of such diploma program
22 by the State Board of Nonpublic Career Education Independent
23 Postsecondary Vocational, Technical, Trade, and Business
24 Schools.
25 Section 31. Subsection (3) of section 246.091, Florida
26 Statutes, is amended to read:
27 246.091 License period and renewal.--
28 (3) A licensed college which seeks to conduct any
29 diploma program, as defined in s. 246.203, shall apply to the
30 State Board of Nonpublic Career Education Independent
31 Postsecondary Vocational, Technical, Trade, and Business
40
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 Schools for licensure for such program.
2 Section 32. Subsection (1) of section 246.111, Florida
3 Statutes, is amended to read:
4 246.111 Denial, probation, or revocation of license or
5 certificate of exemption.--
6 (1) Any temporary license, provisional license, or
7 regular license, agent's license, certificate of exemption, or
8 other authorization required under the provisions of ss.
9 246.011-246.151 may be denied, placed on probation, or revoked
10 by the board. A college which has its certificate of
11 exemption revoked shall become subject to the licensing
12 provisions of the board. The board shall promulgate rules for
13 these actions. Placement of a college on probation for a
14 period of time and subject to such conditions as the board may
15 specify may also carry the imposition of an administrative
16 fine not to exceed $5,000. Such fine shall be deposited into
17 the Institutional Assessment Trust Fund. Disciplinary action
18 undertaken pursuant to this section against a college that is
19 also licensed by the State Board of Nonpublic Career Education
20 Independent Postsecondary Vocational, Technical, Trade, and
21 Business Schools shall prompt disciplinary proceedings
22 pursuant to s. 246.226.
23 Section 33. Subsection (1) of section 246.50, Florida
24 Statutes, is amended to read:
25 246.50 Certified Teacher-Aide Welfare Transition
26 Program; participation by independent postsecondary
27 schools.--An independent postsecondary school may participate
28 in the Certified Teacher-Aide Welfare Transition Program and
29 may receive incentives for successful performance from the
30 Performance Based Incentive Funding Program if:
31 (1) The school is accredited by the Southern
41
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 Association of Colleges and Schools and licensed by the State
2 Board of Nonpublic Career Education Independent Postsecondary
3 Vocational, Technical, Trade, and Business Schools;
4 Section 34. Section 455.2125, Florida Statutes, is
5 amended to read:
6 455.2125 Consultation with postsecondary education
7 boards prior to adoption of changes to training
8 requirements.--Any state agency or board that has jurisdiction
9 over the regulation of a profession or occupation shall
10 consult with the State Board of Independent Colleges and
11 Universities; the State Board of Nonpublic Career Education
12 Independent Postsecondary Vocational, Technical, Trade, and
13 Business Schools; the Board of Regents; and the State Board of
14 Community Colleges prior to adopting any changes to training
15 requirements relating to entry into the profession or
16 occupation. This consultation must allow the educational board
17 to provide advice regarding the impact of the proposed changes
18 in terms of the length of time necessary to complete the
19 training program and the fiscal impact of the changes. The
20 educational board must be consulted only when an institution
21 offering the training program falls under its jurisdiction.
22 Section 35. Section 455.554, Florida Statutes, is
23 amended to read:
24 455.554 Consultation with postsecondary education
25 boards prior to adoption of changes to training
26 requirements.--Any state agency or board that has jurisdiction
27 over the regulation of a profession or occupation shall
28 consult with the State Board of Independent Colleges and
29 Universities; the State Board of Nonpublic Career Education
30 Independent Postsecondary Vocational, Technical, Trade, and
31 Business Schools; the Board of Regents; and the State Board of
42
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 Community Colleges prior to adopting any changes to training
2 requirements relating to entry into the profession or
3 occupation. This consultation must allow the educational board
4 to provide advice regarding the impact of the proposed changes
5 in terms of the length of time necessary to complete the
6 training program and the fiscal impact of the changes. The
7 educational board must be consulted only when an institution
8 offering the training program falls under its jurisdiction.
9 Section 36. Subsection (8) of section 467.009, Florida
10 Statutes, is amended to read:
11 467.009 Midwifery programs; education and training
12 requirements.--
13 (8) Nonpublic educational institutions that conduct
14 approved midwifery programs shall be accredited by a member of
15 the Commission on Recognition of Postsecondary Accreditation
16 and shall be licensed by the State Board of Nonpublic Career
17 Education Independent Postsecondary Vocational, Technical,
18 Trade, and Business Schools.
19 Section 37. Section 476.178, Florida Statutes, is
20 amended to read:
21 476.178 Schools of barbering; licensure.--No private
22 school of barbering shall be permitted to operate without a
23 license issued by the State Board of Nonpublic Career
24 Education Independent Postsecondary Vocational, Technical,
25 Trade, and Business Schools pursuant to chapter 246. However,
26 this section shall not be construed to prevent certification
27 by the Department of Education of barber training programs
28 within the public school system or to prevent government
29 operation of any other program of barbering in this state.
30 Section 38. Section 477.023, Florida Statutes, is
31 amended to read:
43
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 477.023 Schools of cosmetology; licensure.--No private
2 school of cosmetology shall be permitted to operate without a
3 license issued by the State Board of Nonpublic Career
4 Education Independent Postsecondary Vocational, Technical,
5 Trade, and Business Schools pursuant to chapter 246. However,
6 nothing herein shall be construed to prevent certification by
7 the Department of Education of cosmetology training programs
8 within the public school system or to prevent government
9 operation of any other program of cosmetology in this state.
10 Section 39. Section 488.01, Florida Statutes, is
11 amended to read:
12 488.01 License to engage in business of operating a
13 driver's school required.--The Department of Highway Safety
14 and Motor Vehicles shall oversee and license all commercial
15 driver's schools except truck driving schools. All commercial
16 truck driving schools shall be required to be licensed
17 pursuant to chapter 246, and additionally shall be subject to
18 the provisions of ss. 488.04 and 488.05. No person, group,
19 organization, institution, business entity, or corporate
20 entity may engage in the business of operating a driver's
21 school without first obtaining a license therefor from the
22 Department of Highway Safety and Motor Vehicles pursuant to
23 this chapter or from the State Board of Nonpublic Career
24 Education Independent Postsecondary Vocational, Technical,
25 Trade, and Business Schools pursuant to chapter 246.
26 Section 40. Effective July 1, 1999, subsection (1) and
27 paragraph (a) of subsection (6) of section 232.246, Florida
28 Statutes, are amended to read:
29 232.246 General requirements for high school
30 graduation.--
31 (1) Graduation requires successful completion of
44
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 either a minimum of 24 academic credits in grades 9 through 12
2 or an International Baccalaureate curriculum. The 24 credits
3 shall be distributed as follows:
4 (a) Four credits in English, with major concentration
5 in composition and literature.
6 (b) Three credits in mathematics. Effective for
7 students entering the 9th grade in the 1997-1998 school year
8 and thereafter, one of these credits must be Algebra I, a
9 series of courses equivalent to Algebra I, or a higher-level
10 mathematics course.
11 (c) Three credits in science, two of which must have a
12 laboratory component. The State Board of Education may grant
13 an annual waiver of the laboratory requirement to a school
14 district that certifies that its laboratory facilities are
15 inadequate, provided the district submits a capital outlay
16 plan to provide adequate facilities and makes the funding of
17 this plan a priority of the school board.
18 (d) One credit in American history.
19 (e) One credit in world history, including a
20 comparative study of the history, doctrines, and objectives of
21 all major political systems.
22 (f) One-half credit in economics, including a
23 comparative study of the history, doctrines, and objectives of
24 all major economic systems. The Florida Council on Economic
25 Education shall provide technical assistance to the department
26 and local school boards in developing curriculum materials for
27 the study of economics.
28 (g) One-half credit in American government, including
29 study of the Constitution of the United States. For students
30 entering the 9th grade in the 1997-1998 school year and
31 thereafter, the study of Florida government, including study
45
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Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 of the State Constitution, the three branches of state
2 government, and municipal and county government, shall be
3 included as part of the required study of American government.
4 (h)1. One credit in practical arts career education or
5 exploratory career education. Any vocational course as
6 defined in s. 228.041(22) may be taken to satisfy the high
7 school graduation requirement for one credit in practical arts
8 or exploratory career education provided in this subparagraph;
9 2. One credit in performing fine arts to be selected
10 from music, dance, drama, painting, or sculpture. A course in
11 any art form, in addition to painting or sculpture, that
12 requires manual dexterity, or a course in speech and debate,
13 may be taken to satisfy the high school graduation requirement
14 for one credit in performing arts pursuant to this
15 subparagraph; or
16 3. One-half credit each in practical arts career
17 education or exploratory career education and performing fine
18 arts, as defined in this paragraph.
19
20 Such credit for practical arts career education or exploratory
21 career education or for performing fine arts shall be made
22 available in the 9th grade, and students shall be scheduled
23 into a 9th grade course as a priority.
24 (i) One-half credit in life management skills to
25 include consumer education, positive emotional development,
26 nutrition, prevention of human immunodeficiency virus
27 infection and acquired immune deficiency syndrome and other
28 sexually transmissible diseases, benefits of sexual abstinence
29 and consequences of teenage pregnancy, information and
30 instruction on breast cancer detection and breast
31 self-examination, cardiopulmonary resuscitation, drug
46
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 education, and the hazards of smoking. Such credit shall be
2 given for a course to be taken by all students in either the
3 9th or 10th grade.
4 (j) One One-half credit in physical education to
5 include assessment, improvement, and maintenance of personal
6 fitness. Participation in an interscholastic sport, whether
7 at the freshman, junior varsity, or varsity level, for two a
8 full seasons season, shall satisfy the one-credit one-half
9 credit requirement in physical education if the student passes
10 a competency test on personal fitness with a score of "C" or
11 better. The competency test on personal fitness must be
12 developed by the Department of Education. A school board may
13 not require that the one credit in physical education be taken
14 during the 9th grade year.
15 (k) Eight and one-half Nine elective credits.
16
17 School boards may award a maximum of one-half credit in social
18 studies and one-half elective credit for student completion of
19 nonpaid voluntary community or school service work. Students
20 choosing this option must complete a minimum of 75 hours of
21 service in order to earn the one-half credit in either
22 category of instruction. Credit may not be earned for service
23 provided as a result of court action. School boards that
24 approve the award of credit for student volunteer service
25 shall develop guidelines regarding the award of the credit,
26 and school principals are responsible for approving specific
27 volunteer activities. A course designated in the Course Code
28 Directory as grade 9 through grade 12 which is taken below the
29 9th grade may be used to satisfy high school graduation
30 requirements or Florida Academic Scholars award Scholar's
31 Certificate Program requirements as specified in a district's
47
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 pupil progression plan.
2 (6) The Legislature recognizes that adult learners are
3 unique in situation and needs. The following graduation
4 requirements are therefore instituted for students enrolled in
5 adult general education in accordance with s. 239.301 in
6 pursuit of a high school diploma:
7 (a) The one one-half credit in physical education
8 required for graduation, pursuant to subsection (1), is not
9 required for graduation and shall be substituted with elective
10 credit keeping the total credits needed for graduation
11 consistent with subsection (1).
12 Section 41. Section 233.0616, Florida Statutes, is
13 created to read:
14 233.0616 Personal fitness programs.--Each elementary
15 school and middle school is encouraged to implement a personal
16 fitness program, approved by the Department of Education, that
17 complies with American Heart Association guidelines for
18 elementary school and middle school personal fitness courses.
19 From incentive funds provided in the General Appropriations
20 Act, the Department of Education shall allocate funds to
21 schools implementing personal fitness programs pursuant to
22 this section.
23 Section 42. From funds provided in the General
24 Appropriations Act, the Department of Education shall allocate
25 funds to provide for an additional one-fourth-time position to
26 upgrade the physical education specialist position in the
27 department from a three-fourths-time position to a full-time
28 position.
29 Section 43. Subsections (3) and (13) of section
30 240.61, Florida Statutes, are amended to read:
31 240.61 College reach-out program.--
48
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 (3) To participate in the college reach-out program, a
2 community college, a public university, or an independent
3 postsecondary institution that is participating in a special
4 program for students from disadvantaged backgrounds pursuant
5 to 20 U.S.C., ss. 1070d et seq. may submit a proposal to the
6 Department of Education. The State Board of Education shall
7 consider the proposals and determine which proposals to
8 implement as programs that will strengthen the educational
9 motivation and preparation of low-income educationally
10 disadvantaged students.
11 (13) By February 15 January 15 of each year, the
12 Postsecondary Education Planning Commission shall submit to
13 the President of the Senate, the Speaker of the House of
14 Representatives, the Commissioner of Education, and the
15 Governor a report that evaluates the effectiveness of the
16 college reach-out program. The report must be based upon
17 information provided by participating institutions, the
18 Division of Universities, the Division of Community Colleges,
19 and the Division of Workforce Development pursuant to
20 subsections (7) and (12). The evaluation must include
21 longitudinal cohort assessments of college reach-out program
22 participants from their entry into the program to their
23 graduation from postsecondary institutions. To the extent
24 feasible, the performance of college reach-out program
25 participants must be compared to the performance of comparable
26 cohorts of students in public school and postsecondary
27 education.
28 Section 44. Sections 240.154, 240.278, 240.521,
29 240.522, 240.523, and 240.525, Florida Statutes, are repealed.
30 Section 45. Subsection (4) of section 216.136, Florida
31 Statutes, is amended to read:
49
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 216.136 Consensus estimating conferences; duties and
2 principals.--
3 (4) EDUCATION ESTIMATING CONFERENCE.--
4 (a) Duties.--The Education Estimating Conference shall
5 develop such official information relating to the state public
6 educational system, including forecasts of student
7 enrollments, the number of students qualified for state
8 financial aid programs and the appropriation required to fund
9 the full award amounts for each program, fixed capital outlay
10 needs, and Florida Education Finance Program formula needs, as
11 the conference determines is needed for the state planning and
12 budgeting system. The conference's initial projections of
13 enrollments in public schools shall be forwarded by the
14 conference to each school district no later than 2 months
15 prior to the start of the regular session of the Legislature.
16 Each school district may, in writing, request adjustments to
17 the initial projections. Any adjustment request shall be
18 submitted to the conference no later than 1 month prior to the
19 start of the regular session of the Legislature and shall be
20 considered by the principals of the conference. A school
21 district may amend its adjustment request, in writing, during
22 the first 3 weeks of the legislative session, and such amended
23 adjustment request shall be considered by the principals of
24 the conference. For any adjustment so requested, the district
25 shall indicate and explain, using definitions adopted by the
26 conference, the components of anticipated enrollment changes
27 that correspond to continuation of current programs with
28 workload changes; program improvement; program reduction or
29 elimination; initiation of new programs; and any other
30 information that may be needed by the Legislature. For public
31 schools, the conference shall submit its full-time equivalent
50
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Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 student consensus estimate to the Legislature no later than 1
2 month after the start of the regular session of the
3 Legislature. No conference estimate may be changed without the
4 agreement of the full conference.
5 (b) Adjustments.--No later than 2 months prior to the
6 start of the regular session of the Legislature, the
7 conference shall forward to each eligible postsecondary
8 education institution its initial projections of the number of
9 students qualified for state financial aid programs and the
10 appropriation required to fund those students at the full
11 award amount. Each postsecondary education institution may
12 request, in writing, adjustments to the initial projection.
13 Any adjustment request must be submitted to the conference no
14 later than 1 month prior to the start of the regular session
15 of the Legislature and shall be considered by the principals
16 of the conference. For any adjustment so requested, the
17 postsecondary education institution shall indicate and
18 explain, using definitions adopted by the conference, the
19 components of anticipated changes that correspond to
20 continuation of current programs with enrollment changes,
21 program reduction or elimination, initiation of new programs,
22 award amount increases or decreases, and any other information
23 that is considered by the conference. The conference shall
24 submit its consensus estimate to the Legislature no later than
25 1 month after the start of the regular session of the
26 Legislature. No conference estimate may be changed without the
27 agreement of the full conference.
28 (c)(b) Principals.--The Associate Deputy Commissioner
29 for Educational Management, the Executive Office of the
30 Governor, the director of the Division of Economic and
31 Demographic Research of the Joint Legislative Management
51
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 Committee, and professional staff of the Senate and House of
2 Representatives who have forecasting expertise, or their
3 designees, are the principals of the Education Estimating
4 Conference. The Associate Deputy Commissioner for Educational
5 Management or his or her designee shall preside over sessions
6 of the conference.
7 Section 46. Effective July January 1, 1999, section
8 240.409, Florida Statutes, is amended to read:
9 240.409 Florida Public Student Assistance Grant
10 Program; eligibility for grants.--
11 (1) There is hereby created a Florida Public Student
12 Assistance Grant Program. The program shall to be administered
13 by the participating institutions Department of Education in
14 accordance with rules of the state board.
15 (2)(a) State student assistance grants through the
16 program may be made only to full-time degree-seeking students
17 who meet the general requirements for student eligibility as
18 provided in s. 240.404, except as otherwise provided in this
19 section. Such grants shall be awarded annually for the amount
20 of demonstrated unmet need for the cost of education and may
21 not exceed an amount equal to the average prior academic year
22 cost of tuition and matriculation fees and other registration
23 fees for 30 credit hours at state universities or such other
24 amount as specified in the General Appropriations Act, to any
25 recipient. A demonstrated unmet need of less than $200 shall
26 render the applicant ineligible for a state student assistance
27 grant. Recipients of such grants must have been accepted at a
28 state university or community college authorized by Florida
29 law. No student may receive an award for more than the
30 equivalent of 9 semesters or 14 quarters of full-time
31 enrollment in a period of not more than 6 consecutive years,
52
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 except as otherwise provided in s. 240.404(3).
2 (b) A student applying for a Florida public student
3 assistance grant shall be required to apply for the Pell
4 Grant. The Pell Grant entitlement shall be considered by the
5 department when conducting an assessment of the financial
6 resources available to each student.
7 (c) The criteria and procedure for establishing
8 standards of eligibility shall be determined by the
9 department. The department is directed to establish a rating
10 system upon which to base the approval of grants, and such
11 system shall include a certification of acceptability by the
12 state university or community college of the applicant's
13 choice and the use of a nationally recognized system of need
14 analysis. Priority in the distribution of grant moneys shall
15 be given to students with the lowest total family resources,
16 in accordance with a nationally recognized system of need
17 analysis as determined pursuant to this subsection, taking
18 into consideration the receipt of Pell Grants and student
19 contributions to educational costs. Using the system of need
20 analysis, the department shall establish a maximum expected
21 family contribution. An institution may not make a grant from
22 this program to a student whose expected family contribution
23 exceeds the level established by the department. An
24 institution may not impose additional criteria to determine a
25 student's eligibility to receive a grant award.
26 (d) Each participating institution shall report, to
27 the department by the established date, the eligible students
28 to whom grant moneys are disbursed each academic term. Each
29 institution shall also report to the department necessary
30 demographic and eligibility data for such students. The
31 department is directed to establish, for fall enrollment, an
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 initial application deadline for students attending all
2 eligible institutions and an additional application deadline
3 for community college applicants who apply after the initial
4 application deadline. The second community college deadline
5 shall be at the close of each institution's drop-add period.
6 The department shall reserve an amount to be designated
7 annually in the General Appropriations Act for the purpose of
8 providing awards to community college students who apply for a
9 student assistance grant after the initial application
10 deadline. Community college applicants who apply during the
11 initial application period and are eligible to receive an
12 award, but do not receive an award because of insufficient
13 funds, shall have their applications reconsidered with those
14 community college applicants who apply after the initial
15 application deadline. The provisions of this paragraph shall
16 take effect beginning with the 1990-1991 academic year.
17 (3) Based on the unmet financial need of an eligible
18 applicant, the full amount of a Florida public student
19 assistance grant must be between $200 and the weighted average
20 of the cost of matriculation and other registration fees for
21 30 credit hours at state universities $1,500 per academic year
22 or the amount specified in the General Appropriations Act.
23 When funds are not sufficient to make full awards to all
24 eligible applicants, the department shall reduce the amount of
25 each recipient's grant award pro rata. For any year in which
26 a pro rata grant reduction is necessary, such adjustment shall
27 be made by reducing the second semester or the second and
28 third quarter award disbursements to grant recipients. In
29 each such instance, institutions shall notify students of
30 award adjustments.
31 (4) In the event that a Florida public student
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 assistance grant recipient transfers from one institution
2 eligible under this section, s. 240.4095, or s. 240.4097 to
3 another, his or her eligibility shall be transferable upon
4 approval of the department. When approved by the department,
5 the amount of the unmet need shall be recalculated for the new
6 institution and shall be adjusted accordingly.
7 (4)(5)(a) The funds appropriated for the Florida
8 Public Student Assistance Grant shall be distributed to
9 eligible institutions in accordance with a formula recommended
10 by the Department of Education's Florida Council of Student
11 Financial Aid Advisors and reviewed by the Postsecondary
12 Education Planning Commission, the State Board of Community
13 Colleges, and the Board of Regents. The formula shall consider
14 at least the prior year's distribution of funds, the number of
15 full-time eligible applicants who did not receive awards, the
16 standardization of the expected family contribution, and
17 provisions for unused funds.
18 (b) Payment of Florida public student assistance
19 grants shall may be transmitted to the president of the state
20 university or community college which the recipient is
21 attending, or to his or her representative, in advance of the
22 registration period. Institutions shall notify students of the
23 amount of their awards.
24 (c)(b) Institutions shall certify to the department,
25 within 30 days of the end of regular registration, the
26 eligibility status of each awarded student. The eligibility
27 status of each student to receive a disbursement shall be
28 determined by each institution as of the end of its regular
29 registration period, inclusive of a drop-add period.
30 Institutions shall not be required to reevaluate a student's
31 eligibility status after this date for purposes of changing
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 amending eligibility determinations previously made. However,
2 an institution shall be required to make refunds for students
3 who receive award disbursements and terminate enrollment for
4 any reason during the academic term when an institution's
5 refund policies permit a student to receive a refund under
6 these circumstances.
7 (d)(c) Institutions shall certify to the department
8 the amount of funds disbursed to each student and shall remit
9 to the department any undisbursed advances by June 1 of each
10 year within 60 days of the end of regular registration.
11 (5)(6) Funds appropriated by the Legislature for state
12 student assistance grants shall be deposited in the State
13 Student Financial Assistance Trust Fund. Notwithstanding the
14 provisions of s. 216.301 and pursuant to s. 216.351, any
15 balance in the trust fund at the end of any fiscal year that
16 has been allocated to the Florida Public Student Assistance
17 Grant Program shall remain therein and shall be available for
18 carrying out the purposes of this section.
19 (6)(7) The State Board of Education shall establish
20 rules necessary to implement this section.
21 Section 47. Effective July 1, 1999, section 240.4095,
22 Florida Statutes, is amended to read:
23 240.4095 Florida Private Student Assistance Grant
24 Program; eligibility for grants.--
25 (1) There is hereby created a Florida Private Student
26 Assistance Grant Program. The program shall to be administered
27 by the participating institutions Department of Education in
28 accordance with rules of the state board.
29 (2)(a) Florida private student assistance grants from
30 the State Student Financial Assistance Trust Fund may be made
31 only to full-time degree-seeking students who meet the general
56
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 requirements for student eligibility as provided in s.
2 240.404, except as otherwise provided in this section. Such
3 grants shall be awarded for the amount of demonstrated unmet
4 need for tuition and fees and may not exceed an amount equal
5 to the average matriculation and other registration fees for
6 30 credit hours at state universities plus $1,000 a total of
7 $1,500 per academic year, or as specified in the General
8 Appropriations Act, to any applicant. A demonstrated unmet
9 need of less than $200 shall render the applicant ineligible
10 for a Florida private student assistance grant. Recipients of
11 such grants must have been accepted at a
12 baccalaureate-degree-granting independent nonprofit college or
13 university, which is accredited by the Commission on Colleges
14 of the Southern Association of Colleges and Schools, and which
15 has a secular purpose, and which is located in and chartered
16 as a domestic corporation by the state. No student may
17 receive an award for more than the equivalent of 9 semesters
18 or 14 quarters of full-time enrollment in a period of not more
19 than 6 consecutive years, except as otherwise provided in s.
20 240.404(3).
21 (b) A student applying for a Florida private student
22 assistance grant shall be required to apply for the Pell
23 Grant. The Pell Grant entitlement shall be considered by the
24 department when conducting an assessment of the financial
25 resources available to each student.
26 (c) The criteria and procedure for establishing
27 standards of eligibility shall be determined by the
28 department. The department is directed to establish a rating
29 system upon which to base the approval of grants, including
30 the use of a nationally recognized system of need analysis.
31 The system shall include a certification of acceptability by
57
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 the independent nonprofit college or university of the
2 applicant's choice. Priority in the distribution of grant
3 moneys shall be given to students with the lowest total family
4 resources, in accordance with a nationally recognized system
5 of need analysis as determined pursuant to this subsection,
6 taking into consideration the receipt of Pell Grants and
7 student contributions to educational costs. Using the system
8 of need analysis, the department shall establish a maximum
9 expected family contribution. An institution may not make a
10 grant from this program to a student whose expected family
11 contribution exceeds the level established by the department.
12 An institution may not impose additional criteria to determine
13 a student's eligibility to receive a grant award.
14 (d) Each participating institution shall report, to
15 the department by the established date, the eligible students
16 to whom grant moneys are disbursed each academic term. Each
17 institution shall also report to the department necessary
18 demographic and eligibility data for such students.
19 (3) Based on the unmet financial need of an eligible
20 applicant, the full amount of a Florida private student
21 assistance grant must be between $200 and the average cost of
22 matriculation and other registration fees for 30 credit hours
23 at state universities plus $1,000 $1,500 per academic year or
24 the amount specified in the General Appropriations Act. When
25 funds are not sufficient to make full awards to all eligible
26 applicants, the department shall reduce the amount of each
27 recipient's grant award pro rata. For any year in which a pro
28 rata grant reduction is necessary, such adjustment shall be
29 made by reducing the second semester or the second and third
30 quarter award disbursements to grant recipients. In each such
31 instance, institutions shall notify students of award
58
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 adjustments.
2 (4) In the event that a Florida private student
3 assistance grant recipient transfers from one institution
4 eligible under this section, s. 240.409, or s. 240.4097 to
5 another, his or her eligibility shall be transferable upon
6 approval of the department. When approved by the department,
7 the amount of the unmet need shall be recalculated for the new
8 institution and shall be adjusted accordingly.
9 (4)(5)(a) The funds appropriated for the Florida
10 Private Student Assistance Grant shall be distributed to
11 eligible institutions in accordance with a formula recommended
12 by the Department of Education's Florida Council of Student
13 Financial Aid Advisors and reviewed by the Postsecondary
14 Education Planning Commission and the Independent Colleges and
15 Universities of Florida. The formula shall consider at least
16 the prior year's distribution of funds, the number of
17 full-time eligible applicants who did not receive awards, the
18 standardization of the expected family contribution, and
19 provisions for unused funds.
20 (b) Payment of Florida private student assistance
21 grants shall may be transmitted to the president of the
22 college or university which the recipient is attending, or to
23 his or her representative, in advance of the registration
24 period. Institutions shall notify students of the amount of
25 their awards.
26 (c)(b) Institutions shall certify to the department,
27 within 30 days of the end of regular registration, the
28 eligibility status of each awarded student. The eligibility
29 status of each student to receive a disbursement shall be
30 determined by each institution as of the end of its regular
31 registration period, inclusive of a drop-add period.
59
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 Institutions shall not be required to reevaluate a student's
2 eligibility status after this date for purposes of changing
3 amending eligibility determinations previously made. However,
4 an institution shall be required to make refunds for students
5 who receive award disbursements and terminate enrollment for
6 any reason during the academic term when an institution's
7 refund policies permit a student to receive a refund under
8 these circumstances.
9 (d)(c) Institutions shall certify to the department
10 the amount of funds disbursed to each student and shall remit
11 to the department any undisbursed advances by June 1 of each
12 year within 60 days of the end of regular registration.
13 (e)(d) Each institution that receives moneys through
14 the Florida Private Student Assistance Grant Program shall
15 cause to be prepared a biennial report that includes an
16 independent external audit of the institution's administration
17 of the program and a complete accounting of moneys in the
18 State Student Financial Assistance Trust Fund allocated to the
19 institution for the program. Such report shall be submitted to
20 the department on or before March 1 every other year. The
21 department may conduct its own annual or biennial audit of an
22 institution's administration of the program and its allocated
23 funds in lieu of the required biennial report and independent
24 external audit. The department may suspend or revoke an
25 institution's eligibility to receive future moneys from the
26 trust fund for the program or request a refund of any moneys
27 overpaid to the institution through the trust fund for the
28 program if the department finds that an institution has not
29 complied with the provisions of this section. Any refund
30 requested pursuant to this paragraph shall be remitted within
31 60 days.
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Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 (5)(6) Funds appropriated by the Legislature for
2 Florida private student assistance grants shall be deposited
3 in the State Student Financial Assistance Trust Fund.
4 Notwithstanding the provisions of s. 216.301 and pursuant to
5 s. 216.351, any balance in the trust fund at the end of any
6 fiscal year that has been allocated to the Florida Private
7 Student Assistance Grant Program shall remain therein and
8 shall be available for carrying out the purposes of this
9 section and as otherwise provided by law.
10 (6)(7) The State Board of Education shall adopt rules
11 necessary to implement this section.
12 Section 48. Effective July 1, 1999, section 240.4097,
13 Florida Statutes, is amended to read:
14 240.4097 Florida Postsecondary Student Assistance
15 Grant Program; eligibility for grants.--
16 (1) There is hereby created a Florida Postsecondary
17 Student Assistance Grant Program. The program shall to be
18 administered by the participating institutions Department of
19 Education in accordance with rules of the state board.
20 (2)(a) Florida postsecondary student assistance grants
21 through the State Student Financial Assistance Trust Fund may
22 be made only to full-time degree-seeking students who meet the
23 general requirements for student eligibility as provided in s.
24 240.404, except as otherwise provided in this section. Such
25 grants shall be awarded for the amount of demonstrated unmet
26 need for tuition and fees and may not exceed an amount equal
27 to the average prior-academic-year cost of matriculation and
28 other registration fees for 30 credit hours at state
29 universities plus $1,000 a total of $1,500 per academic year,
30 or as specified in the General Appropriations Act, to any
31 applicant. A demonstrated unmet need of less than $200 shall
61
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 render the applicant ineligible for a Florida postsecondary
2 student assistance grant. Recipients of such grants must have
3 been accepted at a postsecondary institution that is located
4 in and chartered as a domestic corporation by the state and
5 that is:
6 1. A private nursing diploma school approved by the
7 Florida Board of Nursing; or
8 2. An institution either licensed by the State Board
9 of Independent Colleges and Universities or exempt from
10 licensure pursuant to s. 246.085(1)(a), excluding those
11 institutions the students of which are eligible to receive a
12 Florida private student assistance grant pursuant to s.
13 240.4095.
14
15 No student may receive an award for more than the equivalent
16 of 9 semesters or 14 quarters of full-time enrollment in a
17 period of not more than 6 consecutive years, except as
18 otherwise provided in s. 240.404(3).
19 (b) A student applying for a Florida postsecondary
20 student assistance grant shall be required to apply for the
21 Pell Grant. The Pell Grant entitlement shall be considered by
22 the department when conducting an assessment of the financial
23 resources available to each student.
24 (c) The criteria and procedure for establishing
25 standards of eligibility shall be determined by the
26 department. The department is directed to establish a rating
27 system upon which to base the approval of grants, including
28 the use of a nationally recognized system of need analysis.
29 The system shall include a certification of acceptability by
30 the school of the applicant's choice. Priority in the
31 distribution of grant moneys shall be given to students with
62
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 the lowest total family resources, in accordance with a
2 nationally recognized system of need analysis as determined
3 pursuant to this subsection, taking into consideration the
4 receipt of Pell Grants and student contributions to
5 educational costs. Using the system of need analysis, the
6 department shall establish a maximum expected family
7 contribution. An institution may not make a grant from this
8 program to a student whose expected family contribution
9 exceeds the level established by the department. An
10 institution may not impose additional criteria to determine a
11 student's eligibility to receive a grant award.
12 (d) Each participating institution shall report, to
13 the department by the established date, the eligible students
14 to whom grant moneys are disbursed each academic term. Each
15 institution shall also report to the department necessary
16 demographic and eligibility data for such students.
17 (3) Based on the unmet financial need of an eligible
18 applicant, the full amount of a Florida postsecondary student
19 assistance grant must be between $200 and the average cost of
20 matriculation and other registration fees for 30 credit hours
21 at state universities plus $1,000 $1,500 per academic year or
22 the amount specified in the General Appropriations Act. When
23 funds are not sufficient to make full awards to all eligible
24 applicants, the department shall reduce the amount of each
25 recipient's grant award pro rata. For any year in which a pro
26 rata grant reduction is necessary, such adjustment shall be
27 made by reducing the second semester or the second and third
28 quarter award disbursements to grant recipients. In each such
29 instance, institutions shall notify students of award
30 adjustments.
31 (4) In the event that a student assistance grant
63
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 recipient transfers from one institution eligible under this
2 section, s. 240.409, or s. 240.4095 to another, his or her
3 eligibility shall be transferable upon approval of the
4 department. When approved by the department, the amount of
5 the unmet need shall be recalculated for the new institution
6 and shall be adjusted accordingly.
7 (4)(5)(a) The funds appropriated for the Florida
8 Postsecondary Student Assistance Grant shall be distributed to
9 eligible institutions in accordance with a formula recommended
10 by the Department of Education's Florida Council of Student
11 Financial Aid Advisors and reviewed by the Postsecondary
12 Education Planning Commission and the Florida Association of
13 Postsecondary Schools and Colleges. The formula shall consider
14 at least the prior year's distribution of funds, the number of
15 full-time eligible applicants who did not receive awards, the
16 standardization of the expected family contribution, and
17 provisions for unused funds.
18 (b) Payment of Florida postsecondary student
19 assistance grants shall may be transmitted to the president of
20 the eligible institution which the recipient is attending, or
21 to his or her representative, in advance of the registration
22 period. Institutions shall notify students of the amount of
23 their awards.
24 (c)(b) Institutions shall certify to the department,
25 within 30 days of the end of regular registration, the
26 eligibility status of each awarded student. The eligibility
27 status of each student to receive a disbursement shall be
28 determined by each institution as of the end of its regular
29 registration period, inclusive of a drop-add period.
30 Institutions shall not be required to reevaluate a student's
31 eligibility status after this date for purposes of changing
64
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 amending eligibility determinations previously made. However,
2 an institution shall be required to make refunds for students
3 who receive award disbursements and terminate enrollment for
4 any reason during the academic term when an institution's
5 refund policies permit a student to receive a refund under
6 these circumstances.
7 (d)(c) Institutions shall certify to the department
8 the amount of funds disbursed to each student and shall remit
9 to the department any undisbursed advances by June 1 of each
10 year within 60 days of the end of regular registration.
11 (e)(d) Each institution that receives moneys through
12 the Florida Postsecondary Student Assistance Grant Program
13 shall cause to be prepared a biennial report that includes an
14 independent external audit of the institution's administration
15 of the program and a complete accounting of moneys in the
16 State Student Financial Assistance Trust Fund allocated to the
17 institution for the program. Such report shall be submitted
18 to the department on or before March 1 every other year. The
19 department may conduct its own annual or biennial audit of an
20 institution's administration of the program and its allocated
21 funds in lieu of the required biennial report and independent
22 external audit. The department may suspend or revoke an
23 institution's eligibility to receive future moneys from the
24 trust fund for the program or request a refund of any moneys
25 overpaid to the institution through the trust fund for the
26 program if the department finds that an institution has not
27 complied with the provisions of this section. Any refund
28 requested pursuant to this paragraph shall be remitted within
29 60 days.
30 (5)(6) Any institution that was eligible to receive
31 state student assistance grants on January 1, 1989, and that
65
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 is not eligible to receive grants pursuant to s. 240.4095 is
2 eligible to receive grants pursuant to this section.
3 (6)(7) Funds appropriated by the Legislature for
4 Florida postsecondary student assistance grants shall be
5 deposited in the State Student Financial Assistance Trust
6 Fund. Notwithstanding the provisions of s. 216.301 and
7 pursuant to s. 216.351, any balance in the trust fund at the
8 end of any fiscal year that has been allocated to the Florida
9 Postsecondary Student Assistance Grant Program shall remain
10 therein and shall be available for carrying out the purposes
11 of this section and as otherwise provided by law.
12 (7)(8) The State Board of Education shall adopt rules
13 necessary to implement this section.
14 Section 49. Section 240.551, Florida Statutes, is
15 amended to read:
16 240.551 Florida Prepaid College Postsecondary
17 Education Expense Program.--
18 (1) LEGISLATIVE INTENT.--The Legislature recognizes
19 that educational opportunity at the postsecondary level is a
20 critical state interest. It further recognizes that
21 educational opportunity is best ensured through the provision
22 of postsecondary institutions that are geographically and
23 financially accessible. Accordingly, it is the intent of the
24 Legislature that a program be established through which many
25 of the costs associated with postsecondary attendance may be
26 paid in advance and fixed at a guaranteed level for the
27 duration of undergraduate enrollment. It is similarly the
28 intent of the Legislature to provide a program that fosters
29 timely financial planning for postsecondary attendance and to
30 encourage employer participation in such planning through
31 program contributions on behalf of employees and the
66
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 dependents of employees.
2 (2) DEFINITIONS.--As used in this section:
3 (a) "Advance payment contract" means a contract
4 entered into by the board and a purchaser pursuant to this
5 section.
6 (b) "Board" means the Florida Prepaid College
7 Postsecondary Education Expense Board.
8 (c) "Fund" means the Florida Prepaid College
9 Postsecondary Education Expense Trust Fund.
10 (d)(g) "Program" means the Florida Prepaid College
11 Postsecondary Education Expense Program.
12 (e)(d) "Purchaser" means a person who makes or is
13 obligated to make advance registration or dormitory residence
14 payments in accordance with an advance payment contract.
15 (f)(e) "Qualified beneficiary" means:
16 1. A resident of this state at the time a purchaser
17 enters into an advance payment contract on behalf of the
18 resident;
19 2. A nonresident who is the child of a noncustodial
20 parent who is a resident of this state at the time that such
21 parent enters into an advance payment contract on behalf of
22 the child; or
23 3. For purposes of advance payment contracts entered
24 into pursuant to subsection (22) paragraph (5)(j), a graduate
25 of an accredited high school in this state who is a resident
26 of this state at the time he or she is designated to receive
27 the benefits of the advance payment contract.
28 (g)(h) "Registration fee" means matriculation fee,
29 financial aid fee, building fee, and Capital Improvement Trust
30 Fund fee.
31 (h)(f) "State postsecondary institution" means any
67
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 community college identified in s. 240.3031 or university
2 identified in s. 240.2011.
3 (3) FLORIDA PREPAID COLLEGE PROGRAM; CREATION.--There
4 is created a Florida Prepaid College Postsecondary Education
5 Expense Program to provide a medium through which the cost of
6 registration and dormitory residence may be paid in advance of
7 enrollment in a state postsecondary institution at a rate
8 lower than the projected corresponding cost at the time of
9 actual enrollment. Such payments shall be combined and
10 invested in a manner that yields, at a minimum, sufficient
11 interest to generate the difference between the prepaid amount
12 and the cost of registration and dormitory residence at the
13 time of actual enrollment. Students who enroll in a state
14 postsecondary institution pursuant to this section shall be
15 charged no fees in excess of the terms delineated in the
16 advance payment contract.
17 (4) FLORIDA PREPAID COLLEGE TRUST FUND.--There is
18 created within the State Board of Administration the Florida
19 Prepaid College Postsecondary Education Expense Trust Fund.
20 The fund shall consist of state appropriations, moneys
21 acquired from other governmental or private sources, and
22 moneys remitted in accordance with advance payment contracts.
23 All funds deposited into the trust fund may be invested
24 pursuant to s. 215.47; however, such investment shall not be
25 mandatory. Dividends, interest, and gains accruing to the
26 trust fund shall increase the total funds available for the
27 program. Notwithstanding the provisions of chapter 717, funds
28 associated with terminated contracts terminated pursuant to
29 subsection (12) paragraph (6)(d) and canceled contracts for
30 which no refunds have been claimed shall increase the total
31 funds available for the program. However, the board shall
68
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 establish procedures for notifying purchasers who subsequently
2 cancel their contracts of any unclaimed refund and shall
3 establish a time period after which no refund may be claimed
4 by a purchaser who canceled a contract. Any balance contained
5 within the fund at the end of a fiscal year shall remain
6 therein and shall be available for carrying out the purposes
7 of the program. In the event that dividends, interest, and
8 gains exceed exceeds the amount necessary for program
9 administration and disbursements, the board may designate an
10 additional percentage of the fund to serve as a contingency
11 fund. Moneys contained within the fund shall be exempt from
12 the investment requirements of s. 18.10. Any funds of a
13 direct-support organization created pursuant to subsection
14 (22) paragraph (5)(j) shall be exempt from the provisions of
15 this subsection paragraph.
16 (5) PROGRAM ADMINISTRATION.--
17 (a) The Florida Prepaid College Postsecondary
18 Education Expense Program shall be administered by the Florida
19 Prepaid College Postsecondary Education Expense Board as an
20 agency of the state. The Florida Prepaid College
21 Postsecondary Education Expense Board is hereby created as a
22 body corporate with all the powers of a body corporate for the
23 purposes delineated in this section. For the purposes of s.
24 6, Art. IV of the State Constitution, the board shall be
25 assigned to and administratively housed within the State Board
26 of Administration, but it shall independently exercise the
27 powers and duties specified in this section.
28 (b) The board shall consist of seven members to be
29 composed of the Insurance Commissioner and Treasurer, the
30 Comptroller, the Chancellor of the Board of Regents, the
31 Executive Director of the State Board of Community Colleges,
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 and three members appointed by the Governor and subject to
2 confirmation by the Senate. Each member appointed by the
3 Governor shall possess knowledge, skill, and experience in the
4 areas of accounting, actuary, risk management, or investment
5 management. Each member of the board not appointed by the
6 Governor may name a designee to serve the board on behalf of
7 the member; however, any designee so named shall meet the
8 qualifications required of gubernatorial appointees to the
9 board. Members appointed by the Governor shall serve terms of
10 3 years except that, in making the initial appointments, the
11 Governor shall appoint one member to serve for 1 year, one
12 member to serve for 2 years, and one member to serve for 3
13 years. Any person appointed to fill a vacancy on the board
14 shall be appointed in a like manner and shall serve for only
15 the unexpired term. Any member shall be eligible for
16 reappointment and shall serve until a successor qualifies.
17 Members of the board shall serve without compensation but
18 shall be reimbursed for per diem and travel in accordance with
19 s. 112.061. Each member of the board shall file a full and
20 public disclosure of his or her financial interests pursuant
21 to s. 8, Art. II of the State Constitution and corresponding
22 statute.
23 (c)(a) The Governor shall appoint a member of the
24 board to serve as the initial chair of the board. Thereafter,
25 the board shall elect a chair annually. The board shall
26 annually elect a board member to serve as chair and a board
27 member to serve as vice chair and shall designate a
28 secretary-treasurer who need not be a member of the board.
29 The secretary-treasurer shall keep a record of the proceedings
30 of the board and shall be the custodian of all printed
31 material filed with or by the board and of its official seal.
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 Notwithstanding the existence of vacancies on the board, a
2 majority of the members shall constitute a quorum. The board
3 shall take no official action in the absence of a quorum. The
4 board shall meet, at a minimum, on a quarterly basis at the
5 call of the chair.
6 (6) FLORIDA PREPAID COLLEGE BOARD; DUTIES.--The board
7 shall:
8 (a)(b) The board shall Appoint an executive director
9 to serve as the chief administrative and operational officer
10 of the board and to perform other duties assigned to him or
11 her by the board.
12 (b) Administer the fund in a manner that is
13 sufficiently actuarially sound to defray the obligations of
14 the program. The board shall annually evaluate or cause to be
15 evaluated the actuarial soundness of the fund. If the board
16 perceives a need for additional assets in order to preserve
17 actuarial soundness, the board may adjust the terms of
18 subsequent advance payment contracts to ensure such soundness.
19 (c) Establish a comprehensive investment plan for the
20 purposes of this section with the approval of the State Board
21 of Administration. The comprehensive investment plan shall
22 specify the investment policies to be utilized by the board in
23 its administration of the fund. The board may place assets of
24 the fund in savings accounts or use the same to purchase fixed
25 or variable life insurance or annuity contracts, securities,
26 evidence of indebtedness, or other investment products
27 pursuant to the comprehensive investment plan and in such
28 proportions as may be designated or approved under that plan.
29 Such insurance, annuity, savings, or investment products shall
30 be underwritten and offered in compliance with the applicable
31 federal and state laws, regulations, and rules by persons who
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 are duly authorized by applicable federal and state
2 authorities. Within the comprehensive investment plan, the
3 board may authorize investment vehicles, or products incident
4 thereto, as may be available or offered by qualified companies
5 or persons. A contract purchaser may not direct the investment
6 of his or her contribution to the trust fund and a contract
7 beneficiary may not direct the contribution made on his or her
8 behalf to the trust fund. Board members and employees of the
9 board are not prohibited from purchasing advance payment
10 contracts by virtue of their fiduciary responsibilities as
11 members of the board or official duties as employees of the
12 board.
13 (d) Solicit proposals and contract, pursuant to s.
14 287.057, for the marketing of the Florida Prepaid College
15 Program. The entity designated pursuant to this paragraph
16 shall serve as a centralized marketing agent for the program
17 and shall be solely responsible for the marketing of the
18 program. Any materials produced for the purpose of marketing
19 the program shall be submitted to the board for review. No
20 such materials shall be made available to the public before
21 the materials are approved by the board. Any educational
22 institution may distribute marketing materials produced for
23 the program; however, all such materials shall have been
24 approved by the board prior to distribution. Neither the state
25 nor the board shall be liable for misrepresentation of the
26 program by a marketing agent.
27 (e) Solicit proposals and contract, pursuant to s.
28 287.057, for a trustee services firm to select and supervise
29 investment programs on behalf of the board. The goals of the
30 board in selecting a trustee services firm shall be to obtain
31 the highest standards of professional trustee services, to
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 allow all qualified firms interested in providing such
2 services equal consideration, and to provide such services to
3 the state at no cost and to the purchasers at the lowest cost
4 possible. The trustee services firm shall agree to meet the
5 obligations of the board to qualified beneficiaries if moneys
6 in the fund fail to offset the obligations of the board as a
7 result of imprudent selection or supervision of investment
8 programs by such firm. Evaluations of proposals submitted
9 pursuant to this paragraph shall include, but not be limited
10 to, the following criteria:
11 1. Adequacy of trustee services for supervision and
12 management of the program, including current operations and
13 staff organization and commitment of management to the
14 proposal.
15 2. Capability to execute program responsibilities
16 within time and regulatory constraints.
17 3. Past experience in trustee services and current
18 ability to maintain regular and continuous interactions with
19 the board, records administrator, and product provider.
20 4. The minimum purchaser participation assumed within
21 the proposal and any additional requirements of purchasers.
22 5. Adequacy of technical assistance and services
23 proposed for staff.
24 6. Adequacy of a management system for evaluating and
25 improving overall trustee services to the program.
26 7. Adequacy of facilities, equipment, and electronic
27 data processing services.
28 8. Detailed projections of administrative costs,
29 including the amount and type of insurance coverage, and
30 detailed projections of total costs.
31 (f) Solicit proposals and contract, pursuant to s.
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 287.057, for product providers to develop investment
2 portfolios on behalf of the board to achieve the purposes of
3 this section. Product providers shall be limited to authorized
4 insurers as defined in s. 624.09, banks as defined in s.
5 658.12, associations as defined in s. 665.012, authorized
6 Securities and Exchange Commission investment advisers, and
7 investment companies as defined in the Investment Company Act
8 of 1940. All product providers shall have their principal
9 place of business and corporate charter located and registered
10 in the United States. In addition, each product provider shall
11 agree to meet the obligations of the board to qualified
12 beneficiaries if moneys in the fund fail to offset the
13 obligations of the board as a result of imprudent investing by
14 such provider. Each authorized insurer shall evidence superior
15 performance overall on an acceptable level of surety in
16 meeting its obligations to its policyholders and other
17 contractual obligations. Only qualified public depositories
18 approved by the Insurance Commissioner and Treasurer shall be
19 eligible for board consideration. Each investment company
20 shall provide investment plans as specified within the request
21 for proposals. The goals of the board in selecting a product
22 provider company shall be to provide all purchasers with the
23 most secure, well-diversified, and beneficially administered
24 postsecondary education expense plan possible, to allow all
25 qualified firms interested in providing such services equal
26 consideration, and to provide such services to the state at no
27 cost and to the purchasers at the lowest cost possible.
28 Evaluations of proposals submitted pursuant to this paragraph
29 shall include, but not be limited to, the following criteria:
30 1. Fees and other costs charged to purchasers that
31 affect account values or operational costs related to the
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 program.
2 2. Past and current investment performance, including
3 investment and interest rate history, guaranteed minimum rates
4 of interest, consistency of investment performance, and any
5 terms and conditions under which moneys are held.
6 3. Past experience and ability to provide timely and
7 accurate service in the areas of records administration,
8 benefit payments, investment management, and complaint
9 resolution.
10 4. Financial history and current financial strength
11 and capital adequacy to provide products, including operating
12 procedures and other methods of protecting program assets.
13 (7)(c) FLORIDA PREPAID COLLEGE BOARD; POWERS.--The
14 board shall have the powers necessary or proper to carry out
15 the provisions of this section, including, but not limited to,
16 the power to:
17 (a)1. Adopt an official seal and rules.
18 (b)2. Sue and be sued.
19 (c)3. Make and execute contracts and other necessary
20 instruments.
21 (d)4. Establish agreements or other transactions with
22 federal, state, and local agencies, including state
23 universities and community colleges.
24 (e)5. Invest funds not required for immediate
25 disbursement.
26 (f)6. Appear in its own behalf before boards,
27 commissions, or other governmental agencies.
28 (g)7. Hold, buy, and sell any instruments,
29 obligations, securities, and property determined appropriate
30 by the board.
31 (h)8. Require a reasonable length of state residence
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 for qualified beneficiaries.
2 (i)9. Restrict the number of participants in the
3 community college plan, university plan, and dormitory
4 residence plan, respectively. However, any person denied
5 participation solely on the basis of such restriction shall be
6 granted priority for participation during the succeeding year.
7 (j)10. Segregate contributions and payments to the
8 fund into various accounts and funds.
9 (k)11. Contract for necessary goods and services,
10 employ necessary personnel, and engage the services of private
11 consultants, actuaries, managers, legal counsel, and auditors
12 for administrative or technical assistance.
13 (l)12. Solicit and accept gifts, grants, loans, and
14 other aids from any source or participate in any other way in
15 any government program to carry out the purposes of this
16 section.
17 (m)13. Require and collect administrative fees and
18 charges in connection with any transaction and impose
19 reasonable penalties, including default, for delinquent
20 payments or for entering into an advance payment contract on a
21 fraudulent basis.
22 (n)14. Procure insurance against any loss in
23 connection with the property, assets, and activities of the
24 fund or the board.
25 (o)15. Impose reasonable time limits on use of the
26 tuition benefits provided by the program. However, any such
27 limitation shall be specified within the advance payment
28 contract.
29 (p)16. Delineate the terms and conditions under which
30 payments may be withdrawn from the fund and impose reasonable
31 fees and charges for such withdrawal. Such terms and
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 conditions shall be specified within the advance payment
2 contract.
3 (q)17. Provide for the receipt of contributions in
4 lump sums or installment payments.
5 18. Establish other policies, procedures, and criteria
6 to implement and administer the provisions of this section.
7 (r)19. Require that purchasers of advance payment
8 contracts verify, under oath, any requests for contract
9 conversions, substitutions, transfers, cancellations, refund
10 requests, or contract changes of any nature. Verification
11 shall be accomplished as authorized and provided for in s.
12 92.525(1)(a).
13 (d) The board shall administer the fund in a manner
14 that is sufficiently actuarially sound to defray the
15 obligations of the program. The board shall annually evaluate
16 or cause to be evaluated the actuarial soundness of the fund.
17 If the board perceives a need for additional assets in order
18 to preserve actuarial soundness, the board may adjust the
19 terms of subsequent advance payment contracts to ensure such
20 soundness.
21 (e) The board, acting with the approval of the State
22 Board of Administration, shall establish a comprehensive
23 investment plan for the purposes of this section. The
24 comprehensive investment plan shall specify the investment
25 policies to be utilized by the board in its administration of
26 the fund. The board may place assets of the fund in savings
27 accounts or use the same to purchase fixed or variable life
28 insurance or annuity contracts, securities, evidence of
29 indebtedness, or other investment products pursuant to the
30 comprehensive investment plan and in such proportions as may
31 be designated or approved under that plan. Such insurance,
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 annuity, savings, or investment products shall be underwritten
2 and offered in compliance with the applicable federal and
3 state laws, regulations, and rules by persons who are duly
4 authorized by applicable federal and state authorities.
5 Within the comprehensive investment plan, the board may
6 authorize investment vehicles, or products incident thereto,
7 as may be available or offered by qualified companies or
8 persons. A contract purchaser may not direct the investment of
9 his or her contribution to the trust fund, and a contract
10 beneficiary may not direct the contribution made on his or her
11 behalf to the trust fund. Board members and employees of the
12 board are not prohibited from purchasing advance payment
13 contracts by virtue of their fiduciary responsibilities as
14 members of the board or official duties as employees of the
15 board.
16 (s)(f) The board may Delegate responsibility for
17 administration of the comprehensive investment plan required
18 in paragraph (6)(c)(e) to a person the board determines to be
19 qualified. Such person shall be compensated by the board.
20 Directly or through such person, the board may contract with a
21 private corporation or institution to provide such services as
22 may be a part of the comprehensive investment plan or as may
23 be deemed necessary or proper by the board or such person,
24 including, but not limited to, providing consolidated billing,
25 individual and collective recordkeeping and accountings, and
26 asset purchase, control, and safekeeping.
27 (t) Endorse insurance coverage written exclusively for
28 the purpose of protecting advance payment contracts, and the
29 purchasers and beneficiaries thereof, which may be issued in
30 the form of a group life policy and which is exempt from the
31 provisions of part V of chapter 627.
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 (u) Solicit proposals and contract, pursuant to s.
2 287.057, for the services of a records administrator. The
3 goals of the board in selecting a records administrator shall
4 be to provide all purchasers with the most secure,
5 well-diversified, and beneficially administered postsecondary
6 education expense plan possible, to allow all qualified firms
7 interested in providing such services equal consideration, and
8 to provide such services to the state at no cost and to the
9 purchasers at the lowest cost possible. Evaluations of
10 proposals submitted pursuant to this paragraph shall include,
11 but not be limited to, the following criteria:
12 1. Fees and other costs charged to purchasers that
13 affect account values or operational costs related to the
14 program.
15 2. Past experience in records administration and
16 current ability to provide timely and accurate service in the
17 areas of records administration, audit and reconciliation,
18 plan communication, participant service, and complaint
19 resolution.
20 3. Sufficient staff and computer capability for the
21 scope and level of service expected by the board.
22 4. Financial history and current financial strength
23 and capital adequacy to provide administrative services
24 required by the board.
25 (v) Establish other policies, procedures, and criteria
26 to implement and administer the provisions of this section.
27 (g) The board shall annually prepare or cause to be
28 prepared a report setting forth in appropriate detail an
29 accounting of the fund and a description of the financial
30 condition of the program at the close of each fiscal year.
31 Such report shall be submitted to the President of the Senate,
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 the Speaker of the House of Representatives, and members of
2 the State Board of Education on or before March 31 each year.
3 In addition, the board shall make the report available to
4 purchasers of advance payment contracts. The board shall
5 provide to the Board of Regents and the State Board of
6 Community Colleges by March 31 each year complete advance
7 payment contract sales information including projected
8 postsecondary enrollments of qualified beneficiaries. The
9 accounts of the fund shall be subject to annual audits by the
10 Auditor General or his or her designee.
11 (8)(h) QUALIFIED STATE TUITION PROGRAM
12 STATUS.--Notwithstanding any other provision of this section,
13 the board may adopt rules necessary to enable the program to
14 retain its status as a "qualified state tuition prepaid
15 program" in order to maintain its tax exempt status or other
16 similar status of the program, purchasers, and qualified
17 beneficiaries under the Internal Revenue Code of 1986, as
18 defined in s. 220.03(1). The board shall inform purchasers of
19 changes to the tax or securities status of contracts purchased
20 through the program.
21 (i) The board shall solicit proposals for the
22 marketing of the Florida Prepaid Postsecondary Education
23 Expense Program pursuant to s. 287.057. The entity designated
24 pursuant to this paragraph shall serve as a centralized
25 marketing agent for the program and shall be solely
26 responsible for the marketing of the program. Any materials
27 produced for the purpose of marketing the program shall be
28 submitted to the board for review. No such materials shall be
29 made available to the public before the materials are approved
30 by the board. Any educational institution may distribute
31 marketing materials produced for the program; however, all
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 such materials shall have been approved by the board prior to
2 distribution. Neither the state nor the board shall be liable
3 for misrepresentation of the program by a marketing agent.
4 (j) The board may establish a direct-support
5 organization which is:
6 1. A Florida corporation, not for profit, incorporated
7 under the provisions of chapter 617 and approved by the
8 Secretary of State.
9 2. Organized and operated exclusively to receive,
10 hold, invest, and administer property and to make expenditures
11 to or for the benefit of the program.
12 3. An organization which the board, after review, has
13 certified to be operating in a manner consistent with the
14 goals of the program and in the best interests of the state.
15 Unless so certified, the organization may not use the name of
16 the program.
17 4. Subject to an annual postaudit by an independent
18 certified public accountant in accordance with rules
19 promulgated by the board. The annual audit shall be submitted
20 to the State Board of Administration and the Auditor General
21 for review. The State Board of Administration and Auditor
22 General shall have the authority to require and receive from
23 the organization or its independent auditor any detail or
24 supplemental data relative to the operation of the
25 organization. The identity of donors who desire to remain
26 anonymous shall be confidential and exempt from the provisions
27 of s. 119.07(1) and s. 24(a), Art. I of the State
28 Constitution, and such anonymity shall be maintained in the
29 auditor's report. Information received by the organization
30 that is otherwise confidential or exempt by law shall retain
31 such status. Any sensitive, personal information regarding
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 contract beneficiaries, including their identities, is exempt
2 from the provisions of s. 119.07(1) and s. 24(a), Art. I of
3 the State Constitution.
4
5 The chair of the board and the executive director shall be
6 directors of the direct-support organization and shall jointly
7 name three other individuals to serve as directors of the
8 organization.
9 (k) The board may endorse insurance coverage written
10 exclusively for the purpose of protecting advance payment
11 contracts, and the purchasers or beneficiaries thereof, which
12 may be issued in the form of a group life policy and which is
13 exempt from the provisions of part V of chapter 627.
14 (9) PREPAID COLLEGE PLANS.--At a minimum, the board
15 shall make advance payment contracts available for two
16 independent plans to be known as the community college plan
17 and the university plan. The board may also make advance
18 payment contracts available for a dormitory residence plan.
19 (a)1. Through the community college plan, the advance
20 payment contract shall provide prepaid registration fees for a
21 specified number of undergraduate semester credit hours not to
22 exceed the average number of hours required for the conference
23 of an associate degree. The cost of participation in the
24 community college plan shall be based primarily on the average
25 current and projected registration fees within the State
26 Community College System and the number of years expected to
27 elapse between the purchase of the plan on behalf of a
28 qualified beneficiary and the exercise of the benefits
29 provided in the plan by such beneficiary. Qualified
30 beneficiaries shall bear the cost of any laboratory fees
31 associated with enrollment in specific courses. Each qualified
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 beneficiary shall be classified as a resident for tuition
2 purposes, pursuant to s. 240.1201, regardless of his or her
3 actual legal residence.
4 2. Effective July 1, 1998, the board may provide
5 advance payment contracts for additional fees delineated in s.
6 240.35, not to exceed the average number of hours required for
7 the conference of an associate degree, in conjunction with
8 advance payment contracts for registration fees. The cost of
9 purchasing such fees shall be based primarily on the average
10 current and projected fees within the State Community College
11 System and the number of years expected to elapse between the
12 purchase of the plan on behalf of the beneficiary and the
13 exercise of benefits provided in the plan by such beneficiary.
14 Community college plan contracts purchased prior to July 1,
15 1998, shall be limited to the payment of registration fees as
16 defined in subsection (2).
17 (b)1. Through the university plan, the advance payment
18 contract shall provide prepaid registration fees for a
19 specified number of undergraduate semester credit hours not to
20 exceed the average number of hours required for the conference
21 of a baccalaureate degree. The cost of participation in the
22 university plan shall be based primarily on the current and
23 projected registration fees within the State University System
24 and the number of years expected to elapse between the
25 purchase of the plan on behalf of a qualified beneficiary and
26 the exercise of the benefits provided in the plan by such
27 beneficiary. Qualified beneficiaries shall bear the cost of
28 any laboratory fees associated with enrollment in specific
29 courses. Each qualified beneficiary shall be classified as a
30 resident for tuition purposes pursuant to s. 240.1201,
31 regardless of his or her actual legal residence.
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 2. Effective July 1, 1998, the board may provide
2 advance payment contracts for additional fees delineated in s.
3 240.235(1), for a specified number of undergraduate semester
4 credit hours not to exceed the average number of hours
5 required for the conference of a baccalaureate degree, in
6 conjunction with advance payment contracts for registration
7 fees. Such contracts shall provide prepaid coverage for the
8 sum of such fees, to a maximum of 45 percent of the cost of
9 registration fees. The costs of purchasing such fees shall be
10 based primarily on the average current and projected cost of
11 these fees within the State University System and the number
12 of years expected to elapse between the purchase of the plan
13 on behalf of the qualified beneficiary and the exercise of the
14 benefits provided in the plan by such beneficiary. University
15 plan contracts purchased prior to July 1, 1998, shall be
16 limited to the payment of registration fees as defined in
17 subsection (2).
18 (c) Through the dormitory residence plan, the advance
19 payment contract may provide prepaid housing fees for a
20 maximum of 10 semesters of full-time undergraduate enrollment
21 in a state university. Dormitory residence plans shall be
22 purchased in increments of 2 semesters. The cost of
23 participation in the dormitory residence plan shall be based
24 primarily on the average current and projected housing fees
25 within the State University System and the number of years
26 expected to elapse between the purchase of the plan on behalf
27 of a qualified beneficiary and the exercise of the benefits
28 provided in the plan by such beneficiary. Qualified
29 beneficiaries shall have the highest priority in the
30 assignment of housing within university residence halls.
31 Qualified beneficiaries shall bear the cost of any additional
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 elective charges such as laundry service or long-distance
2 telephone service. Each state university may specify the
3 residence halls or other university-held residences eligible
4 for inclusion in the plan. In addition, any state university
5 may request immediate termination of a dormitory residence
6 contract based on a violation or multiple violations of rules
7 of the residence hall or other university-held residences. In
8 the event that sufficient housing is not available for all
9 qualified beneficiaries, the board shall refund the purchaser
10 or qualified beneficiary an amount equal to the fees charged
11 for dormitory residence during that semester. If a qualified
12 beneficiary fails to be admitted to a state university or
13 chooses to attend a community college that operates one or
14 more dormitories or residency opportunities, or has one or
15 more dormitories or residency opportunities operated by the
16 community college direct-support organization, the qualified
17 beneficiary may transfer or cause to have transferred to the
18 community college, or community college direct-support
19 organization, the fees associated with dormitory residence.
20 Dormitory fees transferred to the community college or
21 community college direct-support organization may not exceed
22 the maximum fees charged for state university dormitory
23 residence for the purposes of this section, or the fees
24 charged for community college or community college
25 direct-support organization dormitories or residency
26 opportunities, whichever is less.
27 (10) TRANSFER OF BENEFITS TO PRIVATE AND OUT-OF-STATE
28 COLLEGES AND UNIVERSITIES.--
29 (a) A qualified beneficiary may apply a community
30 college plan, university plan, or dormitory residence plan
31 toward any eligible independent college or university. An
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 independent college or university which is located and
2 chartered in Florida, is not for profit, is accredited by the
3 Commission on Colleges of the Southern Association of Colleges
4 and Schools or the Accrediting Commission of the Association
5 of Independent Colleges and Schools, and which confers degrees
6 as defined in s. 246.021, shall be eligible for such
7 application. The board shall transfer, or cause to have
8 transferred, to the eligible independent college or university
9 designated by the qualified beneficiary an amount not to
10 exceed the redemption value of the advance payment contract
11 within a state postsecondary institution. In the event that
12 the cost of registration or housing fees at the independent
13 college or university is less than the corresponding fees at a
14 state postsecondary institution, the amount transferred shall
15 not exceed the actual cost of registration or housing fees. No
16 transfer authorized pursuant to this paragraph shall exceed
17 the number of semester credit hours or semesters of dormitory
18 residence contracted on behalf of a qualified beneficiary.
19 (b) A qualified beneficiary may apply the benefits of
20 an advance payment contract toward an eligible out-of-state
21 college or university. An out-of-state college or university
22 which is not for profit and is accredited by a regional
23 accrediting association, and which confers baccalaureate
24 degrees, shall be eligible for such application. The board
25 shall transfer, or cause to have transferred, an amount not to
26 exceed the redemption value of the advance payment contract or
27 the original purchase price plus 5 percent compounded
28 interest, whichever is less, after assessment of a reasonable
29 transfer fee. In the event that the cost of registration or
30 housing fees charged the qualified beneficiary at the eligible
31 out-of-state college or university is less than this
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 calculated amount, the amount transferred shall not exceed the
2 actual cost of registration or housing fees. Any remaining
3 amount shall be transferred in subsequent semesters until the
4 transfer value is depleted. No transfer authorized pursuant to
5 this paragraph shall exceed the number of semester credit
6 hours or semesters of dormitory residence contracted on behalf
7 of a qualified beneficiary.
8 (11)(6)(a) ADVANCE PAYMENT CONTRACTS; CONTENTS.--The
9 board shall construct advance payment contracts for
10 registration and may construct advance payment contracts for
11 dormitory residence as provided in accordance with the
12 provisions of this section. Advance payment contracts
13 constructed for the purposes of this section shall be exempt
14 from the provisions of chapter 517 and the Florida Insurance
15 Code. The board may request assistance from the Department of
16 Legal Affairs in the development of the advance payment
17 contracts. The contents of both Such contracts shall include,
18 but not be limited to, the following:
19 (a)1. The amount of the payment or payments and the
20 number of payments required from a purchaser on behalf of a
21 qualified beneficiary.
22 (b)2. The terms and conditions under which purchasers
23 shall remit payments, including, but not limited to, the date
24 or dates upon which each payment shall be due.
25 (c)3. Provisions for late payment charges and for
26 default.
27 (d)4. Provisions for penalty fees for withdrawals from
28 the fund.
29 (e)5. Except for an advance payment contract entered
30 into pursuant to subsection (22) paragraph (5)(j), the name
31 and date of birth of the qualified beneficiary on whose behalf
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Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 the contract is drawn and the terms and conditions under which
2 another person may be substituted as the qualified
3 beneficiary.
4 (f)6. The name of any person who may terminate the
5 contract. The terms of the contract shall specify whether the
6 contract may be terminated by the purchaser, the qualified
7 beneficiary, a specific designated person, or any combination
8 of these persons.
9 (g)7. The terms and conditions under which a contract
10 may be terminated, modified, or converted, the name of the
11 person entitled to any refund due as a result of termination
12 of the contract pursuant to such terms and conditions, and the
13 amount of refund, if any, due to the person so named.
14 8. The time limitations, if any, within which the
15 qualified beneficiary must claim his or her benefits through
16 the program.
17 9. Other terms and conditions deemed by the board to
18 be necessary or proper.
19 (b) In addition to the provisions of paragraph (a), an
20 advance payment contract for registration shall include, but
21 not be limited to, the following:
22 (h)1. The number of semester credit hours or semesters
23 of dormitory residence contracted by the purchaser.
24 (i)2. The state postsecondary system toward which the
25 contracted credit hours or semesters of dormitory residence
26 will be applied.
27 (j)3. The assumption of a contractual obligation by
28 the board to the qualified beneficiary to provide for a
29 specified number of semester credit hours of undergraduate
30 instruction at a state postsecondary institution, not to
31 exceed the average number of credit hours required for the
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Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 conference of the degree that corresponds to the plan
2 purchased on behalf of the qualified beneficiary or to provide
3 for a specified number of semesters of dormitory residence,
4 not to exceed the number of semesters of full-time enrollment
5 required for the conference of a baccalaureate degree.
6 (k) Other terms and conditions deemed by the board to
7 be necessary or proper.
8 (c) In addition to the provisions of paragraph (a), an
9 advance payment contract for dormitory residence shall
10 include, but not be limited to, the following:
11 1. The number of semesters of dormitory residence
12 contracted by the purchaser.
13 2. The assumption of a contractual obligation by the
14 board to the qualified beneficiary to provide for a specified
15 number of semesters of dormitory residence at a state
16 university, not to exceed the maximum number of semesters of
17 full-time enrollment required for the conference of a
18 baccalaureate degree.
19 (12)(d) DURATION OF BENEFITS; ADVANCE PAYMENT
20 CONTRACT.--An advance payment contract may provide that
21 contracts which have not been terminated or the benefits
22 exercised within a specified period of time shall be
23 considered terminated. Time expended by a qualified
24 beneficiary as an active duty member of any of the armed
25 services of the United States shall be added to the period of
26 time specified pursuant to this subsection paragraph. No
27 purchaser or qualified beneficiary whose advance payment
28 contract is terminated pursuant to this subsection paragraph
29 shall be entitled to a refund. The board shall retain any
30 moneys paid by the purchaser for an advance payment contract
31 that has been terminated in accordance with this subsection
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 paragraph. Such moneys retained by the board are exempt from
2 chapter 717, and such retained moneys must be used by the
3 board to further the purposes of this section.
4 (13) REFUNDS.--
5 (a)(e)1. Except as provided in paragraphs (b) and (c),
6 no refund provided pursuant to subparagraph (a)7. shall exceed
7 the amount paid into the fund by the purchaser. In the event
8 that an advance payment contract is converted from a
9 university to a community college registration plan, the
10 refund amount shall be reduced by the amount transferred to a
11 community college on behalf of the qualified beneficiary.
12 However, refunds may exceed the amount paid into the fund in
13 the following circumstances:
14 (b)a. If the beneficiary is awarded a scholarship, the
15 terms of which cover the benefits included in the advance
16 payment contracts, moneys paid for the purchase of the advance
17 payment contracts shall be returned to the purchaser in
18 semester installments coinciding with the matriculation by the
19 beneficiary in amounts of either the original purchase price
20 plus 5 percent compounded interest, or the current rates at
21 state postsecondary institutions, whichever is less.
22 (c)b. In the event of the death or total disability of
23 the beneficiary, moneys paid for the purchase of advance
24 payment contracts shall be returned to the purchaser together
25 with 5 percent compounded interest, or the current rates at
26 state postsecondary institutions, whichever is less.
27 (d)c. If an advance payment contract is converted from
28 one registration plan to a plan of lesser value a university
29 plan to a community college plan or a community college plus
30 university plan, or is converted from a community college plus
31 university plan to a community college plan, the amount
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 refunded shall not exceed the difference between the amount
2 paid for the original contract and the amount that would have
3 been paid for the contract to which the plan is converted had
4 the converted plan been purchased under the same payment plan
5 at the time the original advance payment contract was
6 executed.
7 (e)2. No refund shall be authorized through an advance
8 payment contract for any school year partially attended but
9 not completed. For purposes of this section, a school year
10 partially attended but not completed shall mean any one
11 semester whereby the student is still enrolled at the
12 conclusion of the official drop-add period, but withdraws
13 before the end of such semester. If a beneficiary does not
14 complete a community college plan or university plan for
15 reasons other than specified in paragraph (c) subparagraph 1.,
16 the purchaser shall receive a refund of the amount paid into
17 the fund for the remaining unattended years of the advance
18 payment contract pursuant to rules promulgated by the board.
19 (14)(f) CONFIDENTIALITY OF ACCOUNT
20 INFORMATION.--Information that identifies the purchasers or
21 beneficiaries of any plan promulgated under this section and
22 their advance payment account activities is exempt from the
23 provisions of s. 119.07(1). However, the board may authorize
24 the program's records administrator to release such
25 information to a community college, college, or university in
26 which a beneficiary may enroll or is enrolled. Community
27 colleges, colleges, and universities shall maintain such
28 information as exempt from the provisions of s. 119.07(1).
29 (7) At a minimum, the board shall make advance payment
30 contracts available for two independent plans to be known as
31 the community college plan and the university plan. The board
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 may also make advance payment contracts available for a
2 dormitory residence plan.
3 (a) Through the community college plan, the advance
4 payment contract shall provide prepaid registration fees for a
5 specified number of undergraduate semester credit hours not to
6 exceed the average number of hours required for the conference
7 of an associate degree. The cost of participation in the
8 community college plan shall be based primarily on the average
9 current and projected registration fees within the State
10 Community College System and the number of years expected to
11 elapse between the purchase of the plan on behalf of a
12 qualified beneficiary and the exercise of the benefits
13 provided in the plan by such beneficiary. Qualified
14 beneficiaries shall bear the cost of any laboratory fees
15 associated with enrollment in specific courses. Each
16 qualified beneficiary shall be classified as a resident for
17 tuition purposes pursuant to s. 240.1201 regardless of his or
18 her actual legal residence.
19 (b) Through the university plan, the advance payment
20 contract shall provide prepaid registration fees for a
21 specified number of undergraduate semester credit hours not to
22 exceed the average number of hours required for the conference
23 of a baccalaureate degree. The cost of participation in the
24 university plan shall be based primarily on the current and
25 projected registration fees within the State University System
26 and the number of years expected to elapse between the
27 purchase of the plan on behalf of a qualified beneficiary and
28 the exercise of the benefits provided in the plan by such
29 beneficiary. Qualified beneficiaries shall bear the cost of
30 any laboratory fees associated with enrollment in specific
31 courses. In the event that a qualified beneficiary fails to
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 be admitted to a state university or chooses to attend a
2 community college, the qualified beneficiary may convert the
3 average number of semester credit hours required for the
4 conference of an associate degree from a university plan to a
5 community college plan and may retain the remaining semester
6 credit hours in the university plan or may request a refund
7 for prepaid credit hours in excess of the average number of
8 semester credit hours required for the conference of an
9 associate degree pursuant to subparagraph (6)(a)7. Each
10 qualified beneficiary shall be classified as a resident for
11 tuition purposes pursuant to s. 240.1201 regardless of his or
12 her actual legal residence.
13 (c) Through the dormitory residence plan, the advance
14 payment contract may provide prepaid housing fees for a
15 maximum of 10 semesters of full-time undergraduate enrollment
16 in a state university. Dormitory residence plans shall be
17 purchased in increments of 2 semesters. The cost of
18 participation in the dormitory residence plan shall be based
19 primarily on the average current and projected housing fees
20 within the State University System and the number of years
21 expected to elapse between the purchase of the plan on behalf
22 of a qualified beneficiary and the exercise of the benefits
23 provided in the plan by such beneficiary. Qualified
24 beneficiaries shall bear the cost of any additional elective
25 charges such as laundry service or long-distance telephone
26 service. Each state university may specify the residence
27 halls or other university-held residences eligible for
28 inclusion in the plan. In addition, any state university may
29 request immediate termination of a dormitory residence
30 contract based on a violation or multiple violations of rules
31 of the residence hall or other university-held residences.
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 Qualified beneficiaries shall have the highest priority in the
2 assignment of housing within university residence halls. In
3 the event that sufficient housing is not available for all
4 qualified beneficiaries, the board shall refund the purchaser
5 or qualified beneficiary an amount equal to the fees charged
6 for dormitory residence during that semester. If a qualified
7 beneficiary fails to be admitted to a state university or
8 chooses to attend a community college that operates one or
9 more dormitories or residency opportunities, or has one or
10 more dormitories or residency opportunities operated by the
11 community college direct-support organization, the qualified
12 beneficiary may transfer or cause to have transferred to the
13 community college, or community college direct-support
14 organization, the fees associated with dormitory residence.
15 Dormitory fees transferred to the community college or
16 community college direct-support organization may not exceed
17 the maximum fees charged for state university dormitory
18 residence for the purposes of this section, or the fees
19 charged for community college or community college
20 direct-support organization dormitories or residency
21 opportunities, whichever is less.
22 (d) A qualified beneficiary may apply a community
23 college plan, university plan, or dormitory residence plan
24 toward any eligible independent college or university. An
25 independent college or university which is located and
26 chartered in Florida, is not for profit, is accredited by the
27 Commission on Colleges of the Southern Association of Colleges
28 and Schools or the Accrediting Commission of the Association
29 of Independent Colleges and Schools, and which confers degrees
30 as defined in s. 246.021 shall be eligible for such
31 application. The board shall transfer or cause to have
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 transferred to the eligible independent college or university
2 designated by the qualified beneficiary an amount not to
3 exceed the redemption value of the advance payment contract
4 within a state postsecondary institution. In the event that
5 the cost of registration or housing fees at the independent
6 college or university is less than the corresponding fees at a
7 state postsecondary institution, the amount transferred shall
8 not exceed the actual cost of registration or housing fees.
9 No transfer authorized pursuant to this paragraph shall exceed
10 the number of semester credit hours or semesters of dormitory
11 residence contracted on behalf of a qualified beneficiary.
12 (e) A qualified beneficiary may apply the benefits of
13 an advance payment contract toward an eligible out-of-state
14 college or university. An out-of-state college or university
15 which is not for profit, is accredited by a regional
16 accrediting association, and which confers baccalaureate
17 degrees shall be eligible for such application. The board
18 shall transfer, or cause to have transferred, an amount not to
19 exceed the redemption value of the advance payment contract or
20 the original purchase price plus 5 percent compounded
21 interest, whichever is less, after assessment of a reasonable
22 transfer fee. In the event that the cost of registration or
23 housing fees charged the qualified beneficiary at the eligible
24 out-of-state college or university is less than this
25 calculated amount, the amount transferred shall not exceed the
26 actual cost of registration or housing fees. Any remaining
27 amount shall be transferred in subsequent semesters until the
28 transfer value is depleted. No transfer authorized pursuant
29 to this paragraph shall exceed the number of semester credit
30 hours or semesters of dormitory residence contracted on behalf
31 of a qualified beneficiary.
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 (8) The board shall solicit proposals for the
2 operation of the Florida Prepaid Postsecondary Education
3 Expense Program pursuant to s. 287.057, through which the
4 board shall contract for the services of a records
5 administrator, a trustee services firm, and one or more
6 product providers.
7 (a) The records administrator shall be the entity
8 designated by the board to conduct the daily operations of the
9 program on behalf of the board. The goals of the board in
10 selecting a records administrator shall be to provide all
11 purchasers with the most secure, well-diversified, and
12 beneficially administered postsecondary education expense plan
13 possible, to allow all qualified firms interested in providing
14 such services equal consideration, and to provide such
15 services to the state at no cost and to the purchasers at the
16 lowest cost possible. Evaluations of proposals submitted
17 pursuant to this paragraph shall include, but not be limited
18 to, the following criteria:
19 1. Fees and other costs charged to purchasers that
20 affect account values or operational costs related to the
21 program.
22 2. Past experience in records administration and
23 current ability to provide timely and accurate service in the
24 areas of records administration, audit and reconciliation,
25 plan communication, participant service, and complaint
26 resolution.
27 3. Sufficient staff and computer capability for the
28 scope and level of service expected by the board.
29 4. Financial history and current financial strength
30 and capital adequacy to provide administrative services
31 required by the board.
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Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 (b) The trustee services firm shall be the entity
2 designated by the board to select and supervise investment
3 programs on behalf of the board. The goals of the board in
4 selecting a trustee services firm shall be to obtain the
5 highest standards of professional trustee services, to allow
6 all qualified firms interested in providing such services
7 equal consideration, and to provide such services to the state
8 at no cost and to the purchasers at the lowest cost possible.
9 The trustee services firm shall agree to meet the obligations
10 of the board to qualified beneficiaries if moneys in the fund
11 fail to offset the obligations of the board as a result of
12 imprudent selection or supervision of investment programs by
13 such firm. Evaluations of proposals submitted pursuant to
14 this paragraph shall include, but not be limited to, the
15 following criteria:
16 1. Adequacy of trustee services for supervision and
17 management of the program, including current operations and
18 staff organization and commitment of management to the
19 proposal.
20 2. Capability to execute program responsibilities
21 within time and regulatory constraints.
22 3. Past experience in trustee services and current
23 ability to maintain regular and continuous interactions with
24 the board, records administrator, and product provider.
25 4. The minimum purchaser participation assumed within
26 the proposal and any additional requirements of purchasers.
27 5. Adequacy of technical assistance and services
28 proposed for staff.
29 6. Adequacy of a management system for evaluating and
30 improving overall trustee services to the program.
31 7. Adequacy of facilities, equipment, and electronic
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 data processing services.
2 8. Detailed projections of administrative costs,
3 including the amount and type of insurance coverage, and
4 detailed projections of total costs.
5 (c)1. The product providers shall be the entities
6 designated by the board to develop investment portfolios on
7 behalf of the board to achieve the purposes of this section.
8 Product providers shall be limited to authorized insurers as
9 defined in s. 624.09, banks as defined in s. 658.12,
10 associations as defined in s. 665.012, authorized Securities
11 and Exchange Commission investment advisers, and investment
12 companies as defined in the Investment Company Act of 1940.
13 All product providers shall have their principal place of
14 business and corporate charter located and registered in the
15 United States. In addition, each product provider shall agree
16 to meet the obligations of the board to qualified
17 beneficiaries if moneys in the fund fail to offset the
18 obligations of the board as a result of imprudent investing by
19 such provider. Each authorized insurer shall evidence superior
20 performance overall on an acceptable level of surety in
21 meeting its obligations to its policyholders and other
22 contractual obligations. Only qualified public depositories
23 approved by the State Insurance Commissioner and Treasurer
24 shall be eligible for board consideration. Each investment
25 company shall provide investment plans as specified within the
26 request for proposals.
27 2. The goals of the board in selecting a product
28 provider company shall be to provide all purchasers with the
29 most secure, well-diversified, and beneficially administered
30 postsecondary education expense plan possible, to allow all
31 qualified firms interested in providing such services equal
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 consideration, and to provide such services to the state at no
2 cost and to the purchasers at the lowest cost possible.
3 Evaluations of proposals submitted pursuant to this paragraph
4 shall include, but not be limited to, the following criteria:
5 a. Fees and other costs charged to purchasers that
6 affect account values or operational costs related to the
7 program.
8 b. Past and current investment performance, including
9 investment and interest rate history, guaranteed minimum rates
10 of interest, consistency of investment performance, and any
11 terms and conditions under which moneys are held.
12 c. Past experience and ability to provide timely and
13 accurate service in the areas of records administration,
14 benefit payments, investment management, and complaint
15 resolution.
16 d. Financial history and current financial strength
17 and capital adequacy to provide products, including operating
18 procedures and other methods of protecting program assets.
19 (15)(9) OBLIGATIONS OF BOARD; PAYMENT.--The state
20 shall agree to meet the obligations of the board to qualified
21 beneficiaries if moneys in the fund fail to offset the
22 obligations of the board. The Legislature shall appropriate to
23 the Florida Prepaid College Postsecondary Education Expense
24 Trust Fund the amount necessary to meet the obligations of the
25 board to qualified beneficiaries.
26 (16)(10) ASSETS OF THE FUND; EXPENDITURE
27 PRIORITY.--The assets of the fund shall be maintained,
28 invested, and expended solely for the purposes of this section
29 and shall not be loaned, transferred, or otherwise used by the
30 state for any purpose other than the purposes of this section.
31 This subsection shall not be construed to prohibit the board
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 from investing in, by purchase or otherwise, bonds, notes, or
2 other obligations of the state or an agency or instrumentality
3 of the state. Unless otherwise specified by the board, assets
4 of the fund shall be expended in the following order of
5 priority:
6 (a) To make payments to state postsecondary
7 institutions on behalf of qualified beneficiaries.
8 (b) To make refunds upon termination of advance
9 payment contracts.
10 (c) To pay the costs of program administration and
11 operations.
12 (17)(11) EXEMPTION FROM CLAIMS OF CREDITORS.--Moneys
13 paid into or out of the fund by or on behalf of a purchaser or
14 qualified beneficiary of an advance payment contract made
15 under this section, which contract has not been terminated,
16 are exempt, as provided by s. 222.22, from all claims of
17 creditors of the purchaser or the beneficiary. Neither moneys
18 paid into the program nor benefits accrued through the program
19 may be pledged for the purpose of securing a loan.
20 (18)(12) PAYROLL DEDUCTION AUTHORITY.--The state or
21 any state agency, county, municipality, or other political
22 subdivision may, by contract or collective bargaining
23 agreement, agree with any employee to remit payments toward
24 advance payment contracts through payroll deductions made by
25 the appropriate officer or officers of the state, state
26 agency, county, municipality, or political subdivision. Such
27 payments shall be held and administered in accordance with
28 this section.
29 (19)(13) DISCLAIMER.--Nothing in this section shall be
30 construed as a promise or guarantee that a qualified
31 beneficiary will be admitted to a state postsecondary
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Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 institution or to a particular state postsecondary
2 institution, will be allowed to continue enrollment at a state
3 postsecondary institution after admission, or will be
4 graduated from a state postsecondary institution.
5 (20)(14) PROGRAM TERMINATION.--In the event that the
6 state determines the program to be financially infeasible, the
7 state may discontinue the provision of the program. Any
8 qualified beneficiary who has been accepted by and is enrolled
9 or is within 5 years of enrollment in an eligible independent
10 college or university or state postsecondary institution shall
11 be entitled to exercise the complete benefits for which he or
12 she has contracted. All other contract holders shall receive
13 a refund, pursuant to subparagraph (6)(a)7., of the amount
14 paid in and an additional amount in the nature of interest at
15 a rate that corresponds, at a minimum, to the prevailing
16 interest rates for savings accounts provided by banks and
17 savings and loan associations.
18 (21) ANNUAL REPORT.--The board shall annually prepare
19 or cause to be prepared a report setting forth in appropriate
20 detail an accounting of the fund and a description of the
21 financial condition of the program at the close of each fiscal
22 year. Such report shall be submitted to the President of the
23 Senate, the Speaker of the House of Representatives, and
24 members of the State Board of Education on or before March 31
25 each year. In addition, the board shall make the report
26 available to purchasers of advance payment contracts. The
27 board shall provide to the Board of Regents and the State
28 Board of Community Colleges, by March 31 each year, complete
29 advance payment contract sales information, including
30 projected postsecondary enrollments of qualified
31 beneficiaries. The accounts of the fund shall be subject to
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 annual audits by the Auditor General or his or her designee.
2 (22) DIRECT-SUPPORT ORGANIZATION; AUTHORITY.--
3 (a) The board may establish a direct-support
4 organization which is:
5 1. A Florida corporation, not for profit, incorporated
6 under the provisions of chapter 617 and approved by the
7 Secretary of State.
8 2. Organized and operated exclusively to receive,
9 hold, invest, and administer property and to make expenditures
10 to or for the benefit of the program.
11 3. An organization which the board, after review, has
12 certified to be operating in a manner consistent with the
13 goals of the program and in the best interests of the state.
14 Unless so certified, the organization may not use the name of
15 the program.
16 4. Subject to an annual postaudit by an independent
17 certified public accountant in accordance with rules
18 promulgated by the board. The annual audit shall be submitted
19 to the State Board of Administration and the Auditor General
20 for review. The State Board of Administration and Auditor
21 General shall have the authority to require and receive from
22 the organization or its independent auditor any detail or
23 supplemental data relative to the operation of the
24 organization. The identity of donors who desire to remain
25 anonymous shall be confidential and exempt from the provisions
26 of s. 119.07(1) and s. 24(a), Art. I of the State
27 Constitution, and such anonymity shall be maintained in the
28 auditor's report. Information received by the organization
29 that is otherwise confidential or exempt by law shall retain
30 such status. Any sensitive, personal information regarding
31 contract beneficiaries, including their identities, is exempt
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 from the provisions of s. 119.07(1) and s. 24(a), Art. I of
2 the State Constitution.
3 (b) The chair and the executive director of the board
4 shall be directors of the direct-support organization and
5 shall jointly name three other individuals to serve as
6 directors of the organization.
7 Section 50. Section 222.22, Florida Statutes, is
8 amended to read:
9 222.22 Exemption of moneys in the Prepaid
10 Postsecondary Education Expense Trust Fund from legal
11 process.--Moneys paid into or out of the Florida Prepaid
12 College Postsecondary Education Expense Trust Fund by or on
13 behalf of a purchaser or qualified beneficiary pursuant to an
14 advance payment contract made under s. 240.551, which contract
15 has not been terminated, are not liable to attachment,
16 garnishment, or legal process in the state in favor of any
17 creditor of the purchaser or beneficiary of such advance
18 payment contract.
19 Section 51. Subsection (2) of section 732.402, Florida
20 Statutes, is amended to read:
21 732.402 Exempt property.--
22 (2) Exempt property shall consist of:
23 (a) Household furniture, furnishings, and appliances
24 in the decedent's usual place of abode up to a net value of
25 $10,000 as of the date of death.; and
26 (b) All automobiles held in the decedent's name and
27 regularly used by the decedent or members of the decedent's
28 immediate family as their personal automobiles.
29 (c) Florida Prepaid College Program contracts
30 purchased pursuant to s. 240.551.
31 Section 52. For the purpose of incorporating the
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 amendment to s. 732.402, Florida Statutes, in references
2 thereto, subsection (13) of section 731.201 and subsection (1)
3 of section 735.301, Florida Statutes, are reenacted to read:
4 731.201 General definitions.--Subject to additional
5 definitions in subsequent chapters that are applicable to
6 specific chapters or parts, and unless the context otherwise
7 requires, in this code and chapters 737, 738, and 744:
8 (13) "Exempt property" means the property of a
9 decedent's estate which is described in s. 732.402.
10 735.301 Disposition without administration.--
11 (1) No administration shall be required or formal
12 proceedings instituted upon the estate of a decedent leaving
13 only personal property exempt under the provisions of s.
14 732.402, personal property exempt from the claims of creditors
15 under the Constitution of Florida, and nonexempt personal
16 property the value of which does not exceed the sum of the
17 amount of preferred funeral expenses and reasonable and
18 necessary medical and hospital expenses of the last 60 days of
19 the last illness.
20 Section 53. Effective January 1, 1999, section
21 240.207, Florida Statutes, is amended to read:
22 240.207 Board of Regents; appointment of members;
23 qualifications and terms of office.--
24 (1) The Board of Regents shall consist of the
25 Commissioner of Education and 13 12 citizens of this state who
26 shall be selected from the state at large, representative of
27 the geographical areas of the state; who shall have been
28 residents and citizens thereof for a period of at least 10
29 years prior to their appointment (one of whom shall be a
30 member registered as a full-time student in the State
31 University System and who shall have been a resident of this
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Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 state for at least 5 years prior to appointment in lieu of the
2 10 years required of other members); and who shall be
3 appointed by the Governor, approved by three members of the
4 Cabinet, and confirmed by the Senate. However, no appointee
5 shall take office until after his or her appointment has been
6 approved by three members of the Cabinet. The State Board of
7 Education shall develop rules and procedures for review and
8 approval of the appointees. Except for the Commissioner of
9 Education and except for the full-time student member, who
10 shall serve for 1 year, the terms of office for the members of
11 the Board of Regents appointed after the effective date of
12 this act shall be 4 6 years and until their successors are
13 appointed and qualified, except in case of an appointment to
14 fill a vacancy, in which case the appointment shall be for the
15 unexpired term, and except as in this section otherwise
16 provided. No member shall be selected from any county to
17 serve with any other member from the same county, except that
18 not more than two members may be selected from a county which
19 has a population in excess of 900,000, and with the exceptions
20 of the student member, who shall be selected at large, and the
21 Commissioner of Education. The Governor shall fill all
22 vacancies, subject to the above approval and confirmation,
23 that may at any time occur on the board.
24 (2) Members may be removed for cause at any time upon
25 the concurrence of a majority of the members of the State
26 Board of Education.
27 (3) To create an orderly succession of Regents and the
28 appointment of two Regents each year, one additional Regent
29 shall be appointed in 1991 to serve a 6-year term, and one
30 additional Regent shall be appointed in 1992 to serve a 6-year
31 term. For the four seats with terms ending in 1993, the
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 Governor shall make one appointment for a 3-year term and two
2 appointments for regular 6-year terms. For 1 year, from
3 January 1992 to January 1993, there shall be a total of 15
4 Regents. All the members of the Board of Regents serving on
5 May 3, 1991, shall complete their regular terms, as prescribed
6 by the Secretary of State.
7 Section 54. Subsections (2) and paragraphs (b) and (e)
8 of subsection (3) of section 240.209, Florida Statutes, are
9 amended to read:
10 240.209 Board of Regents; powers and duties.--
11 (2) The Board of Regents shall appoint a Chancellor to
12 serve at its pleasure who shall perform such duties as are
13 assigned to him or her by the board. The board shall fix the
14 compensation and other conditions of employment for the
15 Chancellor. The board shall also provide for the compensation
16 and other conditions of employment for employees necessary to
17 assist the board and the Chancellor in the performance of
18 their duties. The Chancellor shall be the chief administrative
19 officer of the board and shall be responsible for appointing
20 all employees of the board who shall serve under his or her
21 direction and control. The Chancellor must shall be a person
22 qualified by training and experience to understand the
23 problems and needs of the state in the field of postsecondary
24 education. Search committee activities for the selection of
25 the Chancellor up to the point of transmitting a list of
26 nominees to the Board of Regents shall be confidential and
27 exempt from the provisions of ss. 119.07(1) and 286.011.
28 (3) The board shall:
29 (b) Appoint or remove the president of each university
30 in accordance with procedures and rules adopted by the Board
31 of Regents. The board may appoint a search committee to
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Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 assist in evaluating presidential candidates. Each appointment
2 of a university president shall be conducted in accordance
3 with the provisions of ss. 119.07 and 286.011. The board shall
4 determine the compensation and other conditions of employment
5 for each president. The board shall not provide a tenured
6 faculty appointment to any president who is removed through
7 termination by the board or resignation tendered at the
8 request of the board.
9 (e) Establish student fees.
10 1. By no later than December 1 of each year, the board
11 shall raise the systemwide standard for resident undergraduate
12 matriculation and financial aid fees for the subsequent fall
13 term, up to but no more than 25 percent of the prior year's
14 cost of undergraduate programs. In implementing this
15 paragraph, fees charged for graduate, medical, veterinary, and
16 dental programs may be increased by the Board of Regents in
17 the same percentage as the increase in fees for resident
18 undergraduates. However, in the absence of legislative action
19 to the contrary in an appropriations act, the board may not
20 approve annual fee increases for resident students in excess
21 of 10 percent. The sum of nonresident student matriculation
22 and tuition fees must be sufficient to defray the full cost of
23 undergraduate education. Graduate, medical, veterinary, and
24 dental fees charged to nonresidents may be increased by the
25 board in the same percentage as the increase in fees for
26 nonresident undergraduates. However, in implementing this
27 policy and in the absence of legislative action to the
28 contrary in an appropriations act, annual fee increases for
29 nonresident students may not exceed 25 percent. In the absence
30 of legislative action to the contrary in the General
31 Appropriations Act, the fees shall go into effect for the
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 following fall term.
2 2. When the appropriations act requires a new fee
3 schedule, the board shall establish a systemwide standard fee
4 schedule required to produce the total fee revenue established
5 in the appropriations act based on the product of the assigned
6 enrollment and the fee schedule. The board may approve the
7 expenditure of any fee revenues resulting from the product of
8 the fee schedule adopted pursuant to this section and the
9 assigned enrollment.
10 3. Upon provision of authority in a General
11 Appropriations Act to spend revenue raised pursuant to this
12 section, the board shall approve a university request to
13 implement a matriculation and out-of-state tuition fee
14 schedule which is calculated to generate revenue which varies
15 no more than 10 percent from the standard fee revenues
16 authorized through an appropriations act. In implementing an
17 alternative fee schedule, the increase in cost to a student
18 taking 15 hours in one term shall be limited to 5 percent.
19 Matriculation and out-of-state tuition fee revenues generated
20 as a result of this provision are to be expended for
21 implementing a plan for achieving accountability goals adopted
22 pursuant to s. 240.214(2) and for implementing a Board of
23 Regents-approved plan to contain student costs by reducing the
24 time necessary for graduation without reducing the quality of
25 instruction. The plans shall be recommended by a
26 universitywide committee, at least one-half of whom are
27 students appointed by the student body president. A
28 chairperson, appointed jointly by the university president and
29 the student body president, shall vote only in the case of a
30 tie.
31 4. The board is authorized to collect for financial
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 aid purposes an amount not to exceed 5 percent of the student
2 tuition and matriculation fee per credit hour. The revenues
3 from fees are to remain at each campus and replace existing
4 financial aid fees. Such funds shall be disbursed to students
5 as quickly as possible. The board shall specify specific
6 limits on the percent of the fees collected in a fiscal year
7 which may be carried forward unexpended to the following
8 fiscal year. A minimum of 50 percent of funds from the student
9 financial aid fee shall be used to provide financial aid based
10 on absolute need. A student who has received an award prior to
11 July 1, 1984, shall have his or her eligibility assessed on
12 the same criteria that was used at the time of his or her
13 original award.
14 5. The board may recommend to the Legislature an
15 appropriate systemwide standard matriculation and tuition fee
16 schedule.
17 6. The Education and General Student and Other Fees
18 Trust Fund is hereby created, to be administered by the
19 Department of Education. Funds shall be credited to the trust
20 fund from student fee collections and other miscellaneous fees
21 and receipts. The purpose of the trust fund is to support the
22 instruction and research missions of the State University
23 System. Notwithstanding the provisions of s. 216.301, and
24 pursuant to s. 216.351, any balance in the trust fund at the
25 end of any fiscal year shall remain in the trust fund and
26 shall be available for carrying out the purposes of the trust
27 fund.
28 Section 55. Section 240.136, Florida Statutes, is
29 created to read:
30 240.136 Suspension and removal from office of elected
31 student government officials; referendum.--Each state
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 university and community college student government
2 association shall establish a process within 60 days of this
3 act becoming a law to provide for the removal from office of
4 any elected student government official who has been convicted
5 of a violation of criminal law or has been found civilly
6 liable for an act of moral turpitude, after all available
7 rights of judicial appeal have been exercised or waived or
8 have expired. The process shall include a procedure for the
9 immediate suspension of the student government official from
10 elected office following the conviction or civil finding and
11 during any appeal, and shall provide for the temporary
12 successor to the subject office pending completion of any
13 appeal. The process must also include a procedure for
14 registered students to petition for a referendum recommending
15 to the student government association the removal of a student
16 official from elected office. The referendum must be held
17 within 60 days of filing of the petition. The recommendation
18 to remove the subject official from elected office shall be
19 made by majority vote of the students participating in the
20 referendum. The action of a student government association
21 under this section shall be subject to an appeal to the
22 university or community college president or designee.
23 Section 56. Except as otherwise provided in this act,
24 this act shall take effect July 1, 1998.
25
26
27 ================ T I T L E A M E N D M E N T ===============
28 And the title is amended as follows:
29 On page 66, line 16 through page 69, line 24 of the
30 amendment
31 remove all of said lines:
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 and insert in lieu thereof:
2 A bill to be entitled
3 An act relating to postsecondary education;
4 amending s. 232.2466, F.S.; revising
5 requirements for the college-ready diploma
6 program; amending s. 233.061, F.S.; including
7 the study of Hispanic and Women's contributions
8 to the United States in required public school
9 instruction; amending s. 239.117, F.S.;
10 exempting specified students from postsecondary
11 fees; amending s. 239.225, F.S.; revising
12 provisions relating to the Vocational
13 Improvement Program; amending s. 240.1163,
14 F.S.; revising dual enrollment provisions;
15 amending s. 240.235, F.S.; exempting specified
16 university students from fees; amending s.
17 240.311, F.S., relating to powers and duties of
18 the State Board of Community Colleges; amending
19 s. 240.321, F.S., relating to duties of
20 community college district boards of trustees;
21 requiring notification of alternative remedial
22 options; amending s. 240.324, F.S., relating to
23 the community college accountability process;
24 providing for coinciding reporting deadlines;
25 clarifying language; amending s. 240.35, F.S.;
26 exempting specified community college students
27 from fees; amending s. 240.36, F.S.; revising
28 provisions relating to the uses of a trust fund
29 for community colleges; amending s. 240.382,
30 F.S.; correcting a cross-reference; amending s.
31 240.4097, F.S., relating to the Florida
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 Postsecondary Student Assistance Grant Program;
2 requiring the establishment of application
3 deadlines; amending s. 246.201, F.S.; revising
4 legislative intent; amending s. 246.203, F.S.;
5 renaming the State Board of Independent
6 Postsecondary Vocational, Technical, Trade, and
7 Business Schools the State Board of Nonpublic
8 Career Education; revising definition of
9 schools regulated by the board; amending s.
10 246.205, F.S.; conforming provisions; amending
11 s. 246.207, F.S.; revising powers and duties of
12 the board; amending s. 246.213, F.S.;
13 conforming provisions; amending s. 246.215,
14 F.S.; requiring licensing of specified programs
15 by the board; creating s. 246.216, F.S.;
16 providing for exemption from licensure for
17 specified entities; providing for statements of
18 exemption; providing for revocation of
19 statements of exemption; providing for
20 remedies; amending ss. 246.219, 246.220,
21 246.2265, 246.227, and 246.31, F.S.; conforming
22 provisions; amending ss. 20.15, 240.40204,
23 246.011, 246.081, 246.085, 246.091, 246.111,
24 246.50, 455.2125, 455.554, 467.009, 476.178,
25 477.023, and 488.01, F.S.; conforming
26 provisions; amending s. 232.246, F.S.; revising
27 credit requirements for high school graduation;
28 creating s. 233.0616, F.S.; encouraging
29 elementary schools and middle schools to
30 implement personal fitness programs and
31 providing for the allocation of funds;
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 providing for the allocation of funds for
2 upgrading a physical education specialist
3 position in the Department of Education;
4 amending s. 240.61, F.S.; revising criteria for
5 participating in the college reach-out program;
6 revising the due date for a report on the
7 college reach-out program; removing the
8 requirement for including longitudinal cohort
9 assessment; repealing s. 240.154, F.S., which
10 provides for undergraduate enhancement;
11 repealing s. 240.278, F.S., which provides for
12 the establishment and use of the Quality
13 Assurance Fund; repealing s. 240.521, F.S.,
14 which provides for the establishment of a state
15 university or a branch of an existing state
16 university to be located in East Central
17 Florida; repealing s. 240.522, F.S., which
18 provides for the establishment of a university
19 in Southwest Florida; repealing s. 240.523,
20 F.S., which provides for the establishment of a
21 4-year college in Dade County; repealing s.
22 240.525, F.S., which provides for the
23 establishment of a state university or branch
24 of an existing state university or state
25 college in Duval County; amending s. 216.136,
26 F.S.; providing duties of the Education
27 Estimating Conference; amending s. 240.409,
28 F.S.; authorizing eligibility determination and
29 grant distribution for the Florida Public
30 Student Assistance Grant Program to be
31 conducted by the receiving institution;
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 specifying a dollar value range for grant
2 awards; amending s. 240.4095, F.S.; authorizing
3 eligibility determination and grant
4 distribution for the Florida Private Student
5 Assistance Grant Program to be conducted by the
6 receiving institution; specifying a dollar
7 value range for grant awards; amending s.
8 240.4097, F.S.; authorizing eligibility
9 determination and grant distribution for the
10 Florida Postsecondary Student Assistance Grant
11 Program to be conducted by the receiving
12 institution; specifying a dollar value range
13 for grant awards; amending s. 240.551, F.S.;
14 renaming the Florida Prepaid Postsecondary
15 Education Expense Program, Board, and Trust
16 Fund the Florida Prepaid College Program,
17 Board, and Trust Fund, respectively; reordering
18 provisions and providing technical revisions;
19 deleting obsolete provisions; conforming
20 cross-references; permitting soliciting and
21 contracting for records administration
22 services; providing for the inclusion of
23 certain fees within advance payment contracts
24 for tuition; amending s. 222.22, F.S.;
25 conforming provisions; amending s. 732.402,
26 F.S.; exempting Florida Prepaid College Program
27 contracts from the probate claims of creditors;
28 reenacting ss. 731.201(13) and 735.301(1),
29 F.S., relating to probate, to incorporate the
30 amendment to s. 732.402, F.S., in references;
31 amending s. 240.207, F.S.; providing terms of
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HOUSE AMENDMENT
Bill No. HB 4259, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 office for members of the Board of Regents;
2 amending s. 240.209, F.S.; revising provisions
3 relating to the selection of the Chancellor;
4 deleting a restriction on the faculty
5 appointment of former university presidents;
6 creating s. 240.136, F.S.; requiring state
7 university and community college student
8 government associations to establish a process
9 for removal of certain student government
10 officials; providing requirements; providing
11 for a referendum; providing effective dates.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
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