House Bill 4259er
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1
2 An act relating to postsecondary education;
3 amending s. 232.2466, F.S.; revising
4 requirements for the college-ready diploma
5 program; amending s. 233.061, F.S.; including
6 the study of Hispanic and Women's contributions
7 to the United States in required public school
8 instruction; amending s. 239.117, F.S.;
9 exempting specified students from postsecondary
10 fees; amending s. 239.225, F.S.; revising
11 provisions relating to the Vocational
12 Improvement Program; amending s. 240.1163,
13 F.S.; revising dual enrollment provisions;
14 amending s. 240.235, F.S.; exempting specified
15 university students from fees; amending s.
16 240.311, F.S., relating to powers and duties of
17 the State Board of Community Colleges; amending
18 s. 240.321, F.S., relating to duties of
19 community college district boards of trustees;
20 requiring notification of alternative remedial
21 options; amending s. 240.324, F.S., relating to
22 the community college accountability process;
23 providing for coinciding reporting deadlines;
24 clarifying language; amending s. 240.35, F.S.;
25 exempting specified community college students
26 from fees; amending s. 240.36, F.S.; revising
27 provisions relating to the uses of a trust fund
28 for community colleges; amending s. 240.382,
29 F.S.; correcting a cross-reference; amending s.
30 240.4097, F.S., relating to the Florida
31 Postsecondary Student Assistance Grant Program;
1
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 requiring the establishment of application
2 deadlines; amending s. 246.201, F.S.; revising
3 legislative intent; amending s. 246.203, F.S.;
4 renaming the State Board of Independent
5 Postsecondary Vocational, Technical, Trade, and
6 Business Schools the State Board of Nonpublic
7 Career Education; revising definition of
8 schools regulated by the board; amending s.
9 246.205, F.S.; conforming provisions; amending
10 s. 246.207, F.S.; revising powers and duties of
11 the board; amending s. 246.213, F.S.;
12 conforming provisions; amending s. 246.215,
13 F.S.; requiring licensing of specified programs
14 by the board; creating s. 246.216, F.S.;
15 providing for exemption from licensure for
16 specified entities; providing for statements of
17 exemption; providing for revocation of
18 statements of exemption; providing for
19 remedies; amending ss. 246.219, 246.220,
20 246.2265, 246.227, and 246.31, F.S.; conforming
21 provisions; amending ss. 20.15, 240.40204,
22 246.011, 246.081, 246.085, 246.091, 246.111,
23 246.50, 455.2125, 455.554, 467.009, 476.178,
24 477.023, and 488.01, F.S.; conforming
25 provisions; amending s. 232.246, F.S.; revising
26 credit requirements for high school graduation;
27 creating s. 233.0616, F.S.; encouraging
28 elementary schools and middle schools to
29 implement personal fitness programs and
30 providing for the allocation of funds;
31 providing for the allocation of funds for
2
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 upgrading a physical education specialist
2 position in the Department of Education;
3 amending s. 240.61, F.S.; revising criteria for
4 participating in the college reach-out program;
5 revising the due date for a report on the
6 college reach-out program; removing the
7 requirement for including longitudinal cohort
8 assessment; repealing s. 240.154, F.S., which
9 provides for undergraduate enhancement;
10 repealing s. 240.278, F.S., which provides for
11 the establishment and use of the Quality
12 Assurance Fund; repealing s. 240.521, F.S.,
13 which provides for the establishment of a state
14 university or a branch of an existing state
15 university to be located in East Central
16 Florida; repealing s. 240.522, F.S., which
17 provides for the establishment of a university
18 in Southwest Florida; repealing s. 240.523,
19 F.S., which provides for the establishment of a
20 4-year college in Dade County; repealing s.
21 240.525, F.S., which provides for the
22 establishment of a state university or branch
23 of an existing state university or state
24 college in Duval County; amending s. 216.136,
25 F.S.; providing duties of the Education
26 Estimating Conference; amending s. 240.409,
27 F.S.; authorizing eligibility determination and
28 grant distribution for the Florida Public
29 Student Assistance Grant Program to be
30 conducted by the receiving institution;
31 specifying a dollar value range for grant
3
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 awards; amending s. 240.4095, F.S.; authorizing
2 eligibility determination and grant
3 distribution for the Florida Private Student
4 Assistance Grant Program to be conducted by the
5 receiving institution; specifying a dollar
6 value range for grant awards; amending s.
7 240.4097, F.S.; authorizing eligibility
8 determination and grant distribution for the
9 Florida Postsecondary Student Assistance Grant
10 Program to be conducted by the receiving
11 institution; specifying a dollar value range
12 for grant awards; amending s. 240.551, F.S.;
13 renaming the Florida Prepaid Postsecondary
14 Education Expense Program, Board, and Trust
15 Fund the Florida Prepaid College Program,
16 Board, and Trust Fund, respectively; reordering
17 provisions and providing technical revisions;
18 deleting obsolete provisions; conforming
19 cross-references; permitting soliciting and
20 contracting for records administration
21 services; providing for the inclusion of
22 certain fees within advance payment contracts
23 for tuition; amending s. 222.22, F.S.;
24 conforming provisions; amending s. 732.402,
25 F.S.; exempting Florida Prepaid College Program
26 contracts from the probate claims of creditors;
27 reenacting ss. 731.201(13) and 735.301(1),
28 F.S., relating to probate, to incorporate the
29 amendment to s. 732.402, F.S., in references;
30 amending s. 240.207, F.S.; providing terms of
31 office for members of the Board of Regents;
4
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 amending s. 240.209, F.S.; revising provisions
2 relating to the selection of the Chancellor;
3 deleting a restriction on the faculty
4 appointment of former university presidents;
5 creating s. 240.136, F.S.; requiring state
6 university and community college student
7 government associations to establish a process
8 for removal of certain student government
9 officials; providing requirements; providing
10 for a referendum; providing effective dates.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 232.2466, Florida Statutes, is
15 amended to read:
16 232.2466 College-ready diploma program.--
17 (1) Beginning with the 1998-1999 1997-1998 school
18 year, each school district shall award a differentiated
19 college-ready diploma to each student who:
20 (a) Successfully completes the requirements for a
21 standard high school diploma as prescribed by s. 232.246.
22 Among courses taken to fulfill the 24-academic-credit
23 requirement, a student must take high school courses that are
24 adopted by the Board of Regents and recommended by the State
25 Board of Community Colleges as college-preparatory academic
26 courses.:
27 1. Two credits in algebra and one credit in geometry,
28 or their equivalents, as determined by the state board.
29 2. One credit in biology, one credit in chemistry, and
30 one credit in physics, or their equivalents, as determined by
31 the state board.
5
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 3. Two credits in the same foreign language, taken for
2 elective credit. A student whose native language is not
3 English is exempt from this requirement if the student
4 demonstrates proficiency in the native language. American sign
5 language constitutes a foreign language.
6 (b) Takes the postsecondary education common placement
7 test prescribed in s. 240.117, or an equivalent test
8 identified by the State Board of Education, before graduation
9 and scores at or above the established statewide passing score
10 in each test area.
11 (2) A college-ready diploma entitles a student to
12 admission without additional placement testing to a public
13 postsecondary education program that terminates in a technical
14 certificate, an applied technology diploma, an associate in
15 applied science degree, an associate in science degree, or an
16 associate in arts degree, if the student enters postsecondary
17 education within 2 years after earning the college-ready
18 diploma.
19 (3) The Department of Education shall periodically
20 convene a task force of educators and employers to recommend
21 additional incentives for students to pursue a college-ready
22 diploma. The incentives may include awards and recognition,
23 preference for positions in firms, and early registration
24 privileges in postsecondary education institutions.
25 Section 2. Paragraphs (o) and (p) are added to
26 subsection (2) of section 233.061, Florida Statutes, to read:
27 233.061 Required instruction.--
28 (2) Members of the instructional staff of the public
29 schools, subject to the rules and regulations of the
30 commissioner, the state board, and the school board, shall
31 teach efficiently and faithfully, using the books and
6
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 materials required, following the prescribed courses of study,
2 and employing approved methods of instruction, the following:
3 (o) The study of Hispanic contributions to the United
4 States.
5 (p) The study of Women's Contributions to the United
6 States.
7 Section 3. Paragraph (f) is added to subsection (4) of
8 section 239.117, Florida Statutes, to read:
9 239.117 Postsecondary student fees.--
10 (4) The following students are exempt from the payment
11 of registration, matriculation, and laboratory fees:
12 (f) A student who is a proprietor, owner, or worker of
13 a company whose business has been at least 50 percent
14 negatively financially impacted by the buy-out of property
15 around Lake Apopka by the State of Florida. Such a student may
16 receive a fee exemption only if the student has not received
17 compensation because of the buy-out, the student is designated
18 a Florida resident for tuition purposes, pursuant to s.
19 240.1201, and the student has applied for and been denied
20 financial aid, pursuant to s. 240.404, which would have
21 provided, at a minimum, payment of all student fees. The
22 student is responsible for providing evidence to the
23 postsecondary education institution verifying that the
24 conditions of this paragraph have been met, including support
25 documentation provided by the Department of Revenue. The
26 student must be currently enrolled in, or begin coursework
27 within, a program area by fall semester 2000. The exemption
28 is valid for a period of 4 years from the date that the
29 postsecondary education institution confirms that the
30 conditions of this paragraph have been met.
31
7
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 Section 4. Subsection (1) and paragraph (c) of
2 subsection (3) of section 239.225, Florida Statutes, are
3 amended, and subsection (5) is added to said section, to read:
4 239.225 Vocational Improvement Program.--
5 (1) There is established the Vocational Improvement
6 Program to be administered by the Department of Education
7 pursuant to this section and rules of the State Board for
8 Career Education. Such rules must provide for the submission
9 of applications and distribution of funds pursuant to this
10 section. The priorities for allocation of funds for the
11 program are the development of vocational programs for
12 disadvantaged persons; recruitment, preservice and inservice
13 activities for vocational counselors and teachers; the
14 development of information systems that are compatible between
15 school districts and community colleges; job placement
16 services for vocational completers; the development of
17 exploratory vocational courses; activities that provide
18 faculty articulation for the purpose of integrating vocational
19 and academic instruction; and activities that ensure greater
20 community involvement in career education.
21 (3)
22 (c) The State Board for Career Education may adopt
23 rules necessary to implement the provisions of this
24 subsection.
25 (5) The State Board for Career Education may adopt
26 rules to implement this program.
27 Section 5. Subsections (4) and (5) are added to
28 section 240.1163, Florida Statutes, to read:
29 240.1163 Joint dual enrollment and advanced placement
30 instruction.--
31
8
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 (4) School districts and community colleges must weigh
2 college-level dual enrollment courses the same as honors
3 courses and advanced placement courses when grade point
4 averages are calculated. Alternative grade calculation or
5 weighting systems that discriminate against dual enrollment
6 courses are prohibited.
7 (5) The Commissioner of Education may approve dual
8 enrollment agreements for limited course offerings that have
9 statewide appeal. Such programs shall be limited to a single
10 site with multiple county participation.
11 Section 6. Subsections (6), (7), (8), and (9) of
12 section 240.235, Florida Statutes, are renumbered as
13 subsections (7), (8), (9), and (10), respectively, and a new
14 subsection (6) is added to said section to read:
15 240.235 Fees.--
16 (6) Any proprietor, owner, or worker of a company
17 whose business has been at least 50 percent negatively
18 financially impacted by the buy-out of property around Lake
19 Apopka by the State of Florida is exempt from the payment of
20 registration, matriculation, and laboratory fees. A student
21 receiving a fee exemption in accordance with this subsection
22 must not have received compensation because of the buy-out,
23 must be designated a Florida resident for tuition purposes,
24 pursuant to s. 240.1201, and must first have applied for and
25 been denied financial aid, pursuant to s. 240.404, which would
26 have provided, at a minimum, payment of all student fees. The
27 student is responsible for providing evidence to the
28 postsecondary education institution verifying that the
29 conditions of this subsection have been met, including support
30 documentation provided by the Department of Revenue. The
31 student must be currently enrolled in, or begin coursework
9
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 within, a program area by fall semester 2000. The exemption is
2 valid for a period of 4 years from the date that the
3 postsecondary education institution confirms that the
4 conditions of this subsection have been met.
5 Section 7. Subsection (3) of section 240.311, Florida
6 Statutes, is amended to read:
7 240.311 State Board of Community Colleges; powers and
8 duties.--
9 (3) The State Board of Community Colleges shall:
10 (a) Provide for each community college to offer
11 educational training and service programs designed to meet the
12 needs of both students and the communities served.
13 (b) Provide, through rule, for the coordination of the
14 state community college system.
15 (c) Review new associate degree or certificate
16 programs for relationship to student demand; conduct periodic
17 reviews of existing programs; and provide rules for
18 termination of associate degree or certificate programs when
19 excessive duplication exists.
20 (d) Ensure that the rules and procedures of community
21 college district boards relating to admission to, enrollment
22 in, employment in, and programs, services, functions, and
23 activities of each college provide equal access and equal
24 opportunity for all persons.
25 (e) Advise presidents of community colleges of the
26 fiscal policies adopted by the Legislature and of their
27 responsibilities to follow such policies.
28 (f) Specify, by rule, procedures to be used by the
29 boards of trustees in the periodic evaluations of presidents
30 and formally review the evaluations of presidents by the
31 boards of trustees.
10
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 (g) Recommend to the State Board of Education minimum
2 standards for the operation of each community college as
3 required in s. 240.325, which standards may include, but are
4 not limited to, general qualifications of personnel,
5 budgeting, accounting and financial procedures, educational
6 programs, student admissions and services, and community
7 services.
8 (h) Establish an effective information system which
9 will provide composite data about the community colleges and
10 assure that special analyses and studies about the colleges
11 are conducted, as necessary, for provision of accurate and
12 cost-effective information about the colleges and about the
13 community college system as a whole.
14 (i) Encourage the colleges and the system as a whole
15 to cooperate with other educational institutions and agencies
16 and with all levels and agencies of government in the interest
17 of effective utilization of all resources, programs, and
18 services.
19 (j) Establish criteria for making recommendations
20 relative to modifying district boundary lines and for making
21 recommendations upon all proposals for the establishment of
22 additional centers or campuses for community colleges.
23 (k) Develop a plan in cooperation with the local
24 school district and the Department of Education to include any
25 and all counties in a community college service district.
26 (l) Assess the need to consolidate any community
27 colleges.
28 (m) Develop and adopt guidelines relating to salary
29 and fringe benefit policies for community college
30 administrators, including community college presidents.
31
11
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 (n) Develop and adopt guidelines relating to official
2 travel by community college employees.
3 (o) Receive an annual administrative review of each
4 community college.
5 1. Such review shall include, but is not limited to,
6 the administrator-to-faculty ratio, the percent of funds for
7 administrative costs in the total budget, and the percent of
8 funds in support programs compared to the percent of funds in
9 instructional programs and may include such other indicators
10 of quality as are necessary.
11 2. The review shall also include all courses offered
12 by a community college outside its district. Courses offered
13 outside the home district which are not approved by the State
14 Board of Community Colleges shall not be counted for funding
15 purposes or to meet enrollment assignments. For purposes of
16 this subparagraph, electronically originated instruction, to
17 include satellite, broadcast, and internet delivered
18 instruction, shall be exempt. Exemption is only permitted when
19 the community college's intent is to offer the instruction for
20 students residing within the community college's home district
21 and only markets the instruction to students residing within
22 the community college's home district. If a community
23 college's intent is to market the electronically originated
24 instruction outside its home district and thus recruit
25 students outside its home district, the community college must
26 receive the approval of the State Board of Community Colleges.
27 The State Board of Community Colleges shall have authority to
28 review any electronically originated instruction for
29 compliance with this section.
30 (p) Encourage and support activities which promote and
31 advance college and statewide direct-support organizations.
12
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 (q) Specify, by rule, the degree program courses that
2 may be taken by students concurrently enrolled in
3 college-preparatory instruction.
4 Section 8. Section 240.321, Florida Statutes, is
5 amended to read:
6 240.321 Community college district board of trustees;
7 rules for admissions of students.--The board of trustees shall
8 make rules governing admissions of students. These rules
9 shall include the following:
10 (1) Admissions counseling shall be provided to all
11 students entering college credit programs, which counseling
12 shall utilize tests to measure achievement of college-level
13 communication and computation competencies by all students
14 entering college credit programs.
15 (2) Admission to associate degree programs is subject
16 to minimum standards adopted by the State Board of Education
17 and shall require:
18 (a) A standard high school diploma, a high school
19 equivalency diploma as prescribed in s. 229.814, previously
20 demonstrated competency in college credit postsecondary
21 coursework, or, in the case of a student who is home educated,
22 a signed affidavit submitted by the student's parent or legal
23 guardian attesting that the student has completed a home
24 education program pursuant to the requirements of s.
25 232.02(4). Students who are enrolled in a dual enrollment or
26 early admission program pursuant to s. 240.116 and secondary
27 students enrolled in college-level instruction creditable
28 toward the associate degree, but not toward the high school
29 diploma, shall be exempt from this requirement.
30 (b) A demonstrated level of achievement of
31 college-level communication and computation skills. Students
13
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 entering a postsecondary education program within 2 years of
2 graduation from high school with an earned college-ready
3 diploma issued pursuant to s. 232.2466 shall be exempt from
4 this testing requirement.
5 (c) Any other requirements established by the board of
6 trustees.
7 (3) Admission to other programs within the community
8 college shall include education requirements as established by
9 the board of trustees.
10
11 Each board of trustees shall establish policies that notify
12 students about, and place students into, adult basic
13 education, adult secondary education, or other instructional
14 programs that provide students with alternatives to
15 traditional college-preparatory instruction, including private
16 provider instruction. Such notification shall include a
17 written listing or a prominent display of information on
18 alternative remedial options that must be available to each
19 student who scores below college level in any area on the
20 common placement test. The list or display shall include, but
21 is not limited to, options provided by the community college,
22 adult education programs, and programs provided by
23 private-sector providers. The college shall not endorse,
24 recommend, evaluate, or rank any of the providers. The list of
25 providers or the display materials shall include all those
26 providers that request to be included. The written list must
27 provide students with specific contact information and
28 disclose the full costs of the course tuition, laboratory
29 fees, and instructional materials of each option listed. A
30 student who elects a private provider for remedial instruction
31 is entitled to enroll in up to 12 credits of college-level
14
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 courses in skill areas other than those for which the student
2 is being remediated. A student is prohibited from enrolling in
3 additional college-level courses until the student scores
4 above the cut-score on all sections of the common placement
5 test.
6 Section 9. Section 240.324, Florida Statutes, is
7 amended to read:
8 240.324 Community college accountability process.--
9 (1) It is the intent of the Legislature that a
10 management and accountability process be implemented which
11 provides for the systematic, ongoing improvement and
12 assessment of the improvement of the quality and efficiency of
13 the State Community College System. Accordingly, the State
14 Board of Community Colleges and the community college boards
15 of trustees shall develop and implement an accountability a
16 plan to improve and evaluate the instructional and
17 administrative efficiency and effectiveness of the State
18 Community College System. This plan shall be designed in
19 consultation with staff of the Governor and the Legislature
20 and must address the following issues:
21 (a) Graduation rates of A.A. and A.S. degree-seeking
22 students compared to first-time-enrolled students seeking the
23 associate degree.
24 (b) Minority student enrollment and retention rates.
25 (c) Student performance, including student performance
26 in college-level academic skills, mean grade point averages
27 for community college A.A. transfer students, and community
28 college student performance on state licensure examinations.
29 (d) Job placement rates of community college
30 vocational students.
31
15
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 (e) Student progression by admission status and
2 program.
3 (f) Vocational accountability standards identified in
4 s. 239.229.
5 (g) Other measures as identified by the Postsecondary
6 Education Planning Commission and approved by the State Board
7 of Community Colleges.
8 (2) By January 1, 1992, the State Board of Community
9 Colleges shall submit to the Governor, the President of the
10 Senate, and the Speaker of the House of Representatives a plan
11 for addressing these issues. The plan must provide a specific
12 timetable that identifies specific issues to be addressed each
13 year and must provide for full implementation by December 31,
14 1994. Beginning September 1, 1998 December 31, 1992, the State
15 Board of Community Colleges shall submit an annual interim
16 report, to coincide with the submission of the agency
17 strategic plan required by law, providing the results of
18 initiatives taken during the prior year and the initiatives
19 and related objective performance measures proposed for the
20 next year. The initial plan and each interim plan shall be
21 designed in consultation with staff of the Governor and the
22 Legislature.
23 (3) Beginning January 1, 1993, The State Board of
24 Community Colleges shall address within the annual evaluation
25 of the performance of the executive director, and the boards
26 of trustees shall address within the annual evaluation of the
27 presidents, the achievement of the performance goals
28 established by the accountability process in the community
29 college accountability plan.
30 Section 10. Subsections (4) through (14) of section
31 240.35, Florida Statutes, as amended by chapter 97-383, Laws
16
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 of Florida, are renumbered as subsections (5) through (15),
2 respectively, paragraph (c) of present subsection (10) is
3 amended, and a new subsection (4) is added to said section, to
4 read:
5 240.35 Student fees.--Unless otherwise provided, the
6 provisions of this section apply only to fees charged for
7 college credit instruction leading to an associate degree,
8 including college-preparatory courses defined in s. 239.105.
9 (4) Any proprietor, owner, or worker of a company
10 whose business has been at least 50 percent negatively
11 financially impacted by the buy-out of property around Lake
12 Apopka by the State of Florida is exempt from the payment of
13 registration, matriculation, and laboratory fees. A student
14 receiving a fee exemption in accordance with this subsection
15 must not have received compensation because of the buy-out,
16 must be designated a Florida resident for tuition purposes
17 pursuant to s. 240.1201, and must first have applied for and
18 been denied financial aid, pursuant to s. 240.404, which would
19 have provided, at a minimum, payment of all student fees. The
20 student is responsible for providing evidence to the
21 postsecondary education institution verifying that the
22 conditions of this subsection have been met, including support
23 documentation provided by the Department of Revenue. The
24 student must be currently enrolled in, or begin coursework
25 within, a program area by fall semester 2000. The exemption
26 is valid for a period of 4 years from the date that the
27 postsecondary education institution confirms that the
28 conditions of this subsection have been met.
29 (11)(10)
30 (c) Up to 25 percent or $250,000, whichever is
31 greater, of the fees collected may be used to assist students
17
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 who demonstrate academic merit, who participate in athletics,
2 public service, cultural arts, and other extracurricular
3 programs as determined by the institution, or who are
4 identified as members of a targeted gender or ethnic minority
5 population. The financial aid fee revenues allocated for
6 athletic scholarships and fee exemptions provided pursuant to
7 subsection (15) (14) for athletes shall be distributed
8 equitably as required by s. 228.2001(3)(d). A minimum of 50
9 percent of the balance of these funds shall be used to provide
10 financial aid based on absolute need, and the remainder of the
11 funds shall be used for academic merit purposes and other
12 purposes approved by the district boards of trustees. Such
13 other purposes shall include the payment of child care fees
14 for students with financial need. The State Board of
15 Community Colleges shall develop criteria for making financial
16 aid awards. Each college shall report annually to the
17 Department of Education on the criteria used to make awards,
18 the amount and number of awards for each criterion, and a
19 delineation of the distribution of such awards. Awards which
20 are based on financial need shall be distributed in accordance
21 with a nationally recognized system of need analysis approved
22 by the State Board of Community Colleges. An award for
23 academic merit shall require a minimum overall grade point
24 average of 3.0 on a 4.0 scale or the equivalent for both
25 initial receipt of the award and renewal of the award.
26 Section 11. Subsections (4) and (7) of section 240.36,
27 Florida Statutes, are amended to read:
28 240.36 Dr. Philip Benjamin Academic Improvement Trust
29 Fund for Community Colleges.--
30 (4) Challenge grants shall be proportionately
31 allocated from the trust fund on the basis of matching each $4
18
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 of state funds with $6 of local or private funds. The matching
2 funds shall come from contributions made after July 1, 1983,
3 for the purposes of matching this grant. To be eligible, a
4 minimum of $4,500 must be raised from private sources, and
5 such contributions must be in excess of the total average
6 annual cash contributions made to the foundation at each
7 community college in the 3 fiscal years before July 1, 1983.
8 (7)(a) The board of trustees of the community college
9 and the State Board of Community Colleges are responsible for
10 determining the uses for the proceeds of their respective
11 trust funds. Such uses of the proceeds shall be limited to
12 expenditure of the funds for:
13 1. Scientific and technical equipment.
14 2. Other activities that will benefit future students
15 as well as students currently enrolled at the community
16 college and that will improve the quality of education at the
17 community college or in the community college system.
18 3. Scholarships, loans, or need-based grants, which
19 are the lowest priority for use of these funds.
20 (b) If a community college includes scholarships,
21 loans, or need-based grants in its proposal, it shall create
22 an endowment in its academic improvement trust fund and use
23 the earnings of the endowment to provide scholarships, loans,
24 or need-based grants. in its proposal, it shall create an
25 endowment in its academic improvement trust fund and use the
26 earnings of the endowment to provide scholarships. Such
27 scholarships must be program specific and require high
28 academic achievement for students to qualify for or retain the
29 scholarship. A scholarship program may be used for minority
30 recruitment but may not be used for athletic participants. The
31 board of trustees may award scholarships to students in
19
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 associate in arts programs and vocational programs. However,
2 for vocational programs, the board of trustees must have
3 designated the program as a program of emphasis for quality
4 improvement, a designation that should be restricted to a
5 limited number of programs at the community college. In
6 addition, the board of trustees must have adopted a specific
7 plan that details how the community college will improve the
8 quality of the program designated for emphasis and that
9 includes quality measures and outcome measures. Over a period
10 of time, the community college operating budget should show
11 additional financial commitment to the program of emphasis
12 above and beyond the average increases to other programs
13 offered by the community college. Fundraising activities must
14 be specifically identified as being for the program of
15 emphasis or scholarship money. The community college must
16 fully levy the amount for financial aid purposes provided by
17 s. 240.35(10) in addition to the tuition and matriculation fee
18 before any scholarship funds are awarded to the community
19 college as part of its approved request.
20 (b)(c) Proposals for use of the trust fund shall be
21 submitted to the State Board of Community Colleges for
22 approval. Any proposal not acted upon in 60 days shall be
23 considered not approved.
24 Section 12. Subsection (5) of section 240.382, Florida
25 Statutes, is amended to read:
26 240.382 Establishment of child development training
27 centers at community colleges.--
28 (5) In addition to revenues derived from child care
29 fees charged to parents and other external resources, each
30 child development training center may be funded by a portion
31 of funds from the student activity and service fee authorized
20
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 by s. 240.35(10)(9) and the capital improvement fee authorized
2 by s. 240.35(14)(13). Community colleges are authorized to
3 transfer funds as necessary from the college's general fund to
4 support the operation of the child development training
5 center.
6 Section 13. Subsection (2) of section 240.4097,
7 Florida Statutes, is amended to read:
8 240.4097 Florida Postsecondary Student Assistance
9 Grant Program; eligibility for grants.--
10 (2)(a) Florida postsecondary student assistance grants
11 through the State Student Financial Assistance Trust Fund may
12 be made only to full-time degree-seeking students who meet the
13 general requirements for student eligibility as provided in s.
14 240.404, except as otherwise provided in this section. Such
15 grants shall be awarded for the amount of demonstrated unmet
16 need for tuition and fees and may not exceed a total of $1,500
17 per academic year, or as specified in the General
18 Appropriations Act, to any applicant. A demonstrated unmet
19 need of less than $200 shall render the applicant ineligible
20 for a Florida postsecondary student assistance grant.
21 Recipients of such grants must have been accepted at a
22 postsecondary institution that is located in and chartered as
23 a domestic corporation by the state and that is:
24 1. A private nursing diploma school approved by the
25 Florida Board of Nursing; or
26 2. An institution either licensed by the State Board
27 of Independent Colleges and Universities or exempt from
28 licensure pursuant to s. 246.085(1)(a), excluding those
29 institutions the students of which are eligible to receive a
30 Florida private student assistance grant pursuant to s.
31 240.4095.
21
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1
2 No student may receive an award for more than the equivalent
3 of 9 semesters or 14 quarters in a period of not more than 6
4 consecutive years, except as otherwise provided in s.
5 240.404(3).
6 (b) A student applying for a Florida postsecondary
7 student assistance grant shall be required to apply for the
8 Pell Grant. The Pell Grant entitlement shall be considered by
9 the department when conducting an assessment of the financial
10 resources available to each student.
11 (c) The criteria and procedure for establishing
12 standards of eligibility shall be determined by the
13 department. The department is directed to establish a rating
14 system upon which to base the approval of grants, including
15 the use of a nationally recognized system of need analysis.
16 The system shall include a certification of acceptability by
17 the school of the applicant's choice. Priority in the
18 distribution of grant moneys shall be given to students with
19 the lowest total family resources, as determined pursuant to
20 this subsection, taking into consideration the receipt of Pell
21 Grants and student contributions to educational costs.
22 Section 14. Section 246.201, Florida Statutes, is
23 amended to read:
24 246.201 Legislative intent.--
25 (1) Sections 246.201-246.231 shall provide for the
26 protection of the health, education, and welfare of the
27 citizens of Florida and shall facilitate and promote the
28 acquisition of a minimum satisfactory career, technical,
29 trade, and business education by all the citizens of this
30 state. There are presently many fine nonpublic schools
31 existing in this state, but there are some nonpublic schools
22
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 which do not generally offer those educational opportunities
2 which the citizens of Florida deem essential. The latter type
3 of school also fails to contribute to the ultimate health,
4 education, and welfare of the citizens of Florida. It shall
5 be in the interest of, and essential to, the public health and
6 welfare that the state create the means whereby all nonpublic
7 postsecondary career independent degree career education,
8 technical, trade, and business schools as defined in s.
9 246.203(1) shall satisfactorily meet minimum educational
10 standards and fair consumer practices.
11 (2) A common practice in our society is to use
12 diplomas and degrees for many purposes. Some of these
13 purposes are: for employers to judge the qualifications of
14 prospective employees; for public and nonpublic professional
15 groups, vocational groups, educational agencies, governmental
16 agencies, and educational institutions to determine the
17 qualifications for admission to, and continuation of,
18 educational goals, occupational goals, professional
19 affiliations, or occupational affiliations; and for public and
20 professional assessment of the extent of competency of
21 individuals engaged in a wide range of activities within our
22 society.
23 (3) Because of the common use of diplomas and degrees,
24 the minimum legal requirements provided by ss. 246.201-246.231
25 for the establishment and operation of nonpublic postsecondary
26 career independent degree career education, technical, trade,
27 and business schools shall protect the individual student from
28 deceptive, fraudulent, or substandard education; protect such
29 independent degree career education, technical, trade, and
30 business schools; and protect the citizens of Florida holding
31 diplomas or degrees.
23
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 (4) Nothing contained herein is intended in any way,
2 nor shall be construed, to regulate the stated purpose of an
3 independent degree career education, technical, trade, and
4 business school or to restrict any religious instruction or
5 training in a nonpublic school. Any school or business
6 regulated by the state or approved, certified, or regulated by
7 the Federal Aviation Administration is hereby expressly exempt
8 from ss. 246.201-246.231. Nonprofit schools, owned,
9 controlled, operated, and conducted by religious,
10 denominational, eleemosynary, or similar public institutions
11 exempt from property taxation under the laws of this state
12 shall be exempt from the provisions of ss. 246.201-246.231.
13 However, such schools may choose to apply for a license
14 hereunder, and, upon approval and issuance thereof, such
15 schools shall be subject to ss. 246.201-246.231.
16 Section 15. Subsections (1) and (7) of section
17 246.203, Florida Statutes, are amended to read:
18 246.203 Definitions.--As used in ss. 246.201-246.231,
19 unless the context otherwise requires:
20 (1) "School" means any nonpublic postsecondary
21 noncollegiate career educational institution, association,
22 corporation, person, partnership, or organization of any type
23 that:
24 (a) Offers to provide or provides any postsecondary
25 program of instruction, course, or class through the student's
26 personal attendance, in the presence of an instructor, in a
27 classroom, clinical, or other practicum setting or through
28 correspondence or other distance learning; and
29 (b) Represents, directly or by implication, that the
30 instruction will qualify the student for employment in any
31
24
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 occupation whose practice in this state does not require a
2 degree, as defined in s. 246.021(5); and
3 (c) Receives remuneration from the student or any
4 other source on the enrollment of a student or on the number
5 of students enrolled; or
6 (d) Offers to award or awards a diploma, as defined in
7 subsection (6), regardless of whether or not it engages in the
8 activities described in paragraph (a), paragraph (b), or
9 paragraph (c). nongovernmental, postsecondary, vocational,
10 technical, trade, or business noncollegiate educational
11 institution, organization program, home study course, or class
12 maintained or conducted in residence or through correspondence
13 by any person, partnership, association, organization, or
14 corporation for the purpose of offering instruction of any
15 kind leading to occupational objectives or of furnishing a
16 diploma, as defined in subsection (6), in business,
17 management, trade, technical, or other career education and
18 professional schools not otherwise regulated. Nonpublic
19 colleges and universities which award a baccalaureate or
20 higher degree, and nonpublic junior colleges which award an
21 associate degree in liberal arts do not fall under the
22 authority granted in ss. 246.201-246.231 unless the college,
23 university, or junior college conducts, or seeks to conduct, a
24 program for which a diploma, as defined in subsection (6), is
25 to be awarded. Any nonpublic college, university, or junior
26 college which conducts or seeks to conduct a diploma program
27 shall, for the purposes of ss. 246.201-246.231, be included in
28 the definition of "school." Schools offering only examination
29 preparation courses for which they do not award a diploma as
30 defined in subsection (6) do not fall under the authority
31 granted in ss. 246.201-246.231; nor does a nonprofit class
25
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 provided and operated entirely by an employer, a group of
2 employers in related business or industry, or a labor union
3 solely for its employees or prospective employees or members.
4 (7) "Board" means the State Board of Nonpublic Career
5 Education Independent Postsecondary Vocational, Technical,
6 Trade, and Business Schools.
7 Section 16. Subsections (1) and (2) of section
8 246.205, Florida Statutes, are amended to read:
9 246.205 State Board of Nonpublic Career Education
10 Independent Postsecondary Vocational, Technical, Trade, and
11 Business Schools.--
12 (1) There shall be established in the Department of
13 Education a State Board of Nonpublic Career Education
14 Independent Postsecondary Vocational, Technical, Trade, and
15 Business Schools. The board shall be assigned to the
16 Department of Education only for the purpose of payroll,
17 procurement, and related administrative functions which shall
18 be exercised by the head of the department. The board shall
19 independently exercise the other powers, duties, and functions
20 prescribed by law. The board shall include nine members,
21 appointed by the Governor as follows:
22 (a) One from a business school;
23 (b) One from a technical school;
24 (c) One from a home study school;
25 (d) One from a nonpublic school;
26 (e) Four from business and industry; and
27 (f) An administrator of vocational-technical education
28 from a public school district or community college.
29 (2) Each of the members shall be appointed by the
30 Governor, subject to confirmation by the Senate, for a term of
31 3 years. Of the original members appointed by the Governor,
26
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 three shall serve for terms of 1 year, three shall serve for
2 terms of 2 years, and three shall serve for terms of 3 years.
3 Of the appointive members from the nonpublic postsecondary
4 career independent schools, each shall have occupied executive
5 or managerial positions in a nonpublic postsecondary career an
6 independent school in this state for at least 5 years. All
7 members shall be residents of this state. In the event of a
8 vacancy on the board caused other than by the expiration of a
9 term, the Governor shall appoint a successor to serve the
10 unexpired term.
11 Section 17. Subsection (1) and paragraph (e) of
12 subsection (2) of section 246.207, Florida Statutes, are
13 amended to read:
14 246.207 Powers and duties of board.--
15 (1) The board shall:
16 (a) Hold such meetings as are necessary to administer
17 efficiently the provisions of ss. 246.201-246.231.
18 (b) Select annually a chairperson and a vice
19 chairperson.
20 (c) Adopt and use an official seal in the
21 authentication of its acts.
22 (c)(d) Make rules for its own government.
23 (d)(e) Prescribe and recommend to the State Board of
24 Education rules as are required by ss. 246.201-246.231 or as
25 it may find necessary to aid in carrying out the objectives
26 and purposes of ss. 246.201-246.231.
27 (e)(f) Administer ss. 246.201-246.231 and execute such
28 rules adopted pursuant thereto by the State Board of Education
29 for the establishment and operation of nonpublic postsecondary
30 career independent schools as defined in s. 246.203(1).
31
27
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 (f)(g) Appoint, on the recommendation of its
2 chairperson, executives, deputies, clerks, and employees of
3 the board.
4 (g)(h) Maintain a record of its proceedings.
5 (h)(i) Cooperate with other state and federal agencies
6 in administering ss. 246.201-246.231.
7 (i)(j) Prepare an annual budget.
8 (j)(k) Transmit all fees, donations, and other
9 receipts of money to the Institutional Assessment Trust Fund
10 State Treasurer to be deposited in the General Revenue Fund.
11 (k)(l) Transmit to the Governor, the Speaker of the
12 House of Representatives, the President of the Senate, the
13 minority leader of the Senate, and the minority leader of the
14 House of Representatives on July 1, 1987, and each succeeding
15 year an annual report which shall include, but not be limited
16 to:
17 1. A detailed accounting of all funds received and
18 expended.
19 2. The number of complaints received and investigated,
20 by type.
21 3. The number of findings of probable cause.
22 4. A description of disciplinary actions taken, by
23 statutory classification.
24 5. A description of all administrative hearings and
25 court actions.
26 6. A description of the board's major activities
27 during the previous year.
28 (l)(m) Assure that no school that has met board
29 requirements established by law or rule be made to operate
30 without a current license due to scheduling of board meetings
31 or application procedures for license renewal.
28
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 (m)(n) Cause to be investigated criminal justice
2 information, as defined in s. 943.045, for each owner,
3 administrator, and agent employed by a school applying for
4 licensure or renewal of licensure.
5 (n)(o) Serve as a central agency for collection and
6 distribution of current information regarding institutions
7 licensed by the board.
8 1. The data collected by the board shall include
9 information relating to the school administration, calendar
10 system, admissions requirements, student costs and financial
11 obligations, financial aid information, refund policy,
12 placement services, number of full-time and part-time faculty,
13 student enrollment and demographic figures, programs, and
14 off-campus programs. Other information shall be collected in
15 response to specific needs or inquiries. Financial
16 information of a strictly proprietary, commercial nature is
17 excluded from this requirement.
18 2. The data collected by the board must also include
19 the data for the career education program evaluation reports
20 required by s. 239.233 for each school that chooses to provide
21 public information under s. 239.245.
22 3. The board shall provide to each participating
23 institution annually the format, definitions, and instructions
24 for submitting the required information.
25 4. The data submitted by each institution shall be
26 accompanied by a letter of certification signed by the chief
27 administrative officer of the institution, affirming that the
28 information submitted is accurate.
29 5. A summary of the data collected by the board shall
30 be included in the annual report to the Governor, the Speaker
31 of the House of Representatives and the President of the
29
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 Senate, the minority leader of the Senate, and the minority
2 leader of the House of Representatives. The information
3 collected by the board may also be used by the Department of
4 Education for such purposes as statewide master planning,
5 state financial aid programs, and publishing directories, by
6 the Legislature, and to respond to consumer inquiries received
7 by the board.
8 (p) Publish and index all policies and agency
9 statements. If a policy or agency statement meets the criteria
10 of a rule, as defined in s. 120.52, the board shall adopt it
11 as a rule.
12 (o)(q) Establish and publicize the procedures for
13 receiving and responding to complaints from students, faculty,
14 and others about schools or programs licensed by the board and
15 shall keep records of such complaints in order to determine
16 their frequency and nature for specific institutions of higher
17 education. With regard to any written complaint alleging a
18 violation of any provision of ss. 246.201-246.231 or any rule
19 promulgated pursuant thereto, the board shall periodically
20 notify, in writing, the person who filed the complaint of the
21 status of the investigation, whether probable cause has been
22 found, and the status of any administrative action, civil
23 action, or appellate action, and if the board has found that
24 probable cause exists, it shall notify, in writing, the party
25 complained against of the results of the investigation and
26 disposition of the complaint. The findings of the probable
27 cause panel, if a panel is established, shall not be disclosed
28 until the information is no longer confidential.
29 (2) The board may:
30 (e) Issue a license to any school subject to ss.
31 246.201-246.231 which is exempted excluded from the licensing
30
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 and regulatory requirements of ss. 246.201-246.231, upon
2 voluntary application for such license and upon payment of the
3 appropriate fee as set forth in s. 246.219.
4 Section 18. Section 246.213, Florida Statutes, is
5 amended to read:
6 246.213 Power of State Board of Education.--
7 (1) The State Board of Education, acting on the
8 recommendation of the State Board of Nonpublic Career
9 Education Independent Postsecondary Vocational, Technical,
10 Trade, and Business Schools, shall adopt such minimum
11 standards and rules as are required for the administration of
12 ss. 246.201-246.231.
13 (2)(a) The minimum educational standards for the
14 licensing of schools shall include, but not be limited to:
15 name of school, purpose, administrative organization,
16 educational program and curricula, finances, financial
17 stability, faculty, library, student personnel services,
18 physical plant and facilities, publications, and disclosure
19 statements about the status of the institution in relation to
20 professional certification and licensure.
21 (b) Rules of the State Board of Education shall
22 require that nonpublic schools administer an entry-level test
23 of basic skills to each student who enrolls in a nondegree
24 program of at least 450 clock hours, or the credit hour
25 equivalent, which purports to prepare such student for
26 employment. The State Board of Nonpublic Career Education
27 Independent Postsecondary Vocational, Technical, Trade, and
28 Business Schools shall designate examinations authorized for
29 use for entry-level testing purposes. State Board of Education
30 rules shall require that applicable schools provide students
31 who are deemed to lack a minimal level of basic skills with a
31
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 structured program of basic skills instruction. No student
2 shall be granted a diploma, as defined in s. 246.203, until he
3 or she has demonstrated mastery of basic skills. Exceptional
4 students, as defined in s. 228.041, may be exempted from the
5 provisions of this paragraph. The State Board of Education
6 shall identify means through which students who are capable of
7 demonstrating mastery of basic skills may be exempted from the
8 provisions of this paragraph.
9 (c) The State Board of Nonpublic Career Education
10 Independent Postsecondary Vocational, Technical, Trade, and
11 Business Schools may request that schools within its
12 jurisdiction provide the board all documents associated with
13 institutional accreditation. The board shall solicit from
14 schools which provide such documents only such additional
15 information undisclosed in the accreditation documents
16 provided. The board may conduct a comprehensive study of a
17 school that fails to provide all documents associated with its
18 institutional accreditation. The cost of such study shall be
19 borne by the institution. Standards imposed by the board shall
20 not be constrained in quality or quantity to those imposed by
21 the respective accrediting body.
22 (d) The State Board of Nonpublic Career Education
23 Independent Postsecondary Vocational, Technical, Trade, and
24 Business Schools shall recommend to the State Board of
25 Education minimum placement standards for institutions that
26 conduct programs that prepare students for employment.
27 (3) The minimum requirements for the licensing of
28 agents shall include: name, residential and business
29 addresses, background training, institution or institutions to
30 be represented, and demonstrated knowledge of statutes and
31 rules related to the authority granted to agents and the
32
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 limitations imposed upon such authority. No employee of a
2 nonpublic school shall solicit prospective students for
3 enrollment in such school until that employee is licensed by
4 the State Board of Nonpublic Career Education Independent
5 Postsecondary Vocational, Technical, Trade, and Business
6 Schools as an agent.
7 (4) The State Board of Nonpublic Career Education
8 Independent Postsecondary Vocational, Technical, Trade, and
9 Business Schools shall adopt criteria for specialized
10 associate degrees, diplomas, certificates, or other
11 educational credentials that will be recognized in licensed
12 schools. The State Board of Nonpublic Career Education
13 Independent Postsecondary Vocational, Technical, Trade, and
14 Business Schools shall adopt a common definition for each
15 credential. To determine the level of a nonpublic an
16 independent institution's vocational program or to establish
17 criteria for a specialized degree, the board shall use
18 procedures developed pursuant to s. 239.205, which requires
19 the Department of Education to determine the level of each
20 public degree career education program.
21 Section 19. Section 246.215, Florida Statutes, is
22 amended to read:
23 246.215 License required.--
24 (1) No nonpublic postsecondary career independent
25 school required to be licensed pursuant to ss. 246.201-246.231
26 shall be operated or established within the state until such
27 school makes application and obtains a license or
28 authorization from the board. Each nonpublic school that
29 seeks licensure shall first submit articles of incorporation
30 to the Department of State. After the Department of State
31 approves such articles and verifies that the articles indicate
33
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 the corporation is a postsecondary school within the meaning
2 and intent of s. 246.203, the corporation shall apply for
3 licensure by the board within 60 days of approval of the
4 articles. Department of State approval of the articles of
5 incorporation shall not constitute authorization to operate
6 the nonpublic school. The Department of State shall
7 immediately transmit approved articles of incorporation for
8 nonpublic schools to the board.
9 (2) No agent shall solicit any prospective student for
10 enrollment in a nonpublic school until both the agent and the
11 school are appropriately licensed or otherwise authorized by
12 the board.
13 (3) No nonpublic postsecondary career independent
14 school required to be licensed pursuant to ss. 246.201-246.231
15 shall advertise in any manner until such school is granted an
16 appropriate license by the board, nor shall any licensed
17 school advertise in any manner while such school is under an
18 injunction against operating, soliciting students, or offering
19 diplomas.
20 (4) No license granted by the board shall be
21 transferable to another nonpublic postsecondary career
22 independent school or to another agent, nor shall school
23 licensure transfer upon a change in ownership of the
24 institution.
25 (5) Each license granted by the board shall delineate
26 the specific nondegree programs that the nonpublic school is
27 authorized to offer. No such school shall conduct a program
28 unless express authority is granted in its license.
29 (6) A diploma program offered by a nonpublic junior
30 college, college, or university must be licensed by the board,
31 notwithstanding the fact that such institution is concurrently
34
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 subject to the jurisdiction of the State Board of Independent
2 Colleges and Universities, if such program does the following:
3 (a) The program qualifies a student for employment or
4 engagement in an occupation whose practice in this state does
5 not require a degree.
6 (b) The program awards a diploma, as defined in s.
7 246.203(6), for successful completion, including any program
8 that is organized to give students an option of exiting at a
9 specified point and receiving a diploma, or continuing and
10 receiving a degree, as defined in s. 246.021(5).
11 Section 20. Section 246.216, Florida Statutes, is
12 created to read:
13 246.216 Exemption from licensure.--
14 (1) A person or entity which otherwise fits the
15 definition of school in s. 246.203(1) shall be exempt from
16 licensure if it meets the criteria specified in this section
17 and applies to the board for a statement of exemption. The
18 board shall issue a statement of exemption if it determines,
19 based on all available information, that the applicant meets
20 the following criteria:
21 (a) The entity is a church or religious organization
22 whose programs of instruction include:
23 1. A religious modifier in the title of the program,
24 immediately preceding the name of the occupation to which the
25 instruction relates, and in the title of the diploma.
26 2. No representation, directly or by implication, that
27 individuals who successfully complete the program will be
28 qualified to be employed in the field to which the training
29 relates by an employer other than a church or religious
30 organization.
31
35
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 3. No students who receive state or federal financial
2 aid to pursue the program;
3 (b) The person or entity is regulated by the Federal
4 Aviation Administration, another agency of the Federal
5 Government, or an agency of the state whose regulatory laws
6 are similar in nature and purpose to those of the board and
7 require minimum educational standards, for at least
8 curriculum, instructors, and academic progress and provide
9 protection against fraudulent, deceptive, and substandard
10 education practices;
11 (c) The person or entity offers only examination
12 preparation courses provided that:
13 1. A diploma as defined in s. 246.203(6) is not
14 awarded.
15 2. The courses do not include state licensing
16 examinations in occupations for which state laws do not
17 require a licensee to have a bachelor's degree or higher
18 academic or professional degree;
19 (d) The person or entity is:
20 1. An employer who offers training and trains only its
21 own bona fide employees;
22 2. A trade or professional association or a group of
23 employers in the same or related business who in writing agree
24 to offer training and to train only individuals who are bona
25 fide employees of an employer who is a member of the
26 association or a party to the written agreement; or
27 3. An independent contractor engaged by any of the
28 foregoing by written contract to provide the training on its
29 behalf exclusively to individuals who are selected by the
30 employer, association, or group which engaged the contractor
31 and who are bona fide employees thereof.
36
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1
2 For purposes of this paragraph, a bona fide employee is an
3 individual who works for salary or wages paid by the employer
4 in at least the minimum amount required by law;
5 (e) The entity is a labor union or group of labor
6 unions which offers training to, and trains only, individuals
7 who are dues paying members of a participating labor union; or
8 the person or entity is an independent contractor engaged by
9 the labor union or group of labor unions, by written contract,
10 to provide the training on its behalf exclusively to
11 individuals who are selected by the labor union or group of
12 labor unions which engaged the contractor and who are dues
13 paying members thereof;
14 (f) The person or entity offers only continuing
15 education programs to individuals who engage in an occupation
16 or profession whose practitioners are subject to licensure,
17 certification, or registration by a state agency which
18 recognizes the programs for continuing education purposes and
19 provides a written statement of such recognition; or
20 (g) The person or entity offers a program of
21 instruction whose objective is not occupational, but is
22 avocational and only for personal enrichment and which:
23 1. Prior to enrollment, gives to each enrollee, and
24 maintains a record copy of, a written statement which states
25 substantially the following: "This program is not designed or
26 intended to qualify its participants and graduates for
27 employment in (the field to which the training pertains). It
28 is intended solely for the avocation, personal enrichment, and
29 enjoyment of its participants."
30 2. Makes no other verbal or written statements which
31 negate the written statement required in subparagraph 1. by
37
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 stating or implying that persons who enroll in or complete the
2 program have any more substantial likelihood of getting
3 employment in the field to which the training pertains than
4 persons who do not.
5 3. Maintains and makes available to the board, upon
6 request, records which demonstrate that each enrollee received
7 the statement required by subparagraph 1. prior to
8 enrollment.
9
10 To be eligible for the statement of exemption, the applicant
11 must maintain records documenting its qualification for
12 exemption. A person or entity which is exempt pursuant to this
13 subsection and which is also a licensee for programs which do
14 not qualify for exemption may not include in the catalog,
15 contract, or advertising relating to its licensed program any
16 reference to its unlicensed programs. This restriction does
17 not apply to a licensee which voluntarily becomes licensed to
18 offer programs which would otherwise qualify for exemption.
19 (2) The board shall revoke a statement of exemption if
20 it determines, based on all available information, that the
21 entity does not meet the criteria required in subsection (1)
22 because of the following:
23 (a) There has been a material change in circumstances
24 or in the law;
25 (b) The statement was erroneously issued as a result
26 of false or misleading information provided by the applicant
27 or other source;
28 (c) There was a misunderstanding by the board of the
29 information which it had considered; or
30 (d) New information has been received.
31
38
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 Probable cause proceedings do not apply to the foregoing board
2 decisions.
3 (3) The board may invoke the remedies provided in s.
4 246.227 when no application for a statement of exemption is
5 pending; in conjunction with, or subsequent to, its notice of
6 denial of an application; or in conjunction with, or
7 subsequent to, its notice of revocation. The filing of a civil
8 action pursuant to s. 246.227 shall have the effect of
9 suspending administrative proceedings under this section
10 unless the board takes a voluntary dismissal without prejudice
11 in a judicial case. An order of the court which determines or
12 renders moot an issue presented in suspended administrative
13 proceedings shall be grounds for dismissal of the
14 administrative proceeding as to that issue.
15 Section 21. Subsection (1) of section 246.219, Florida
16 Statutes, is amended to read:
17 246.219 License fees.--
18 (1) Each initial application for a license to operate
19 a nonpublic postsecondary career school shall be accompanied
20 by a license fee of not less than $500, and each application
21 for the renewal of such license shall be accompanied by an
22 annual license fee of at least $300, provided that the fee for
23 a biennial license shall be at least $600. A fee shall be
24 charged for a supplementary application for the approval of
25 any additional field or course of instruction. Such fees
26 shall be delineated, by rule, by the board.
27 Section 22. Section 246.220, Florida Statutes, is
28 amended to read:
29 246.220 Surety bonds or insurance.--Surety bonds or
30 insurance shall not be required of any school licensed by the
31 State Board of Nonpublic Career Education Independent
39
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 Postsecondary Vocational, Technical, Trade, and Business
2 Schools, except as may be required by the board to insure the
3 train-out of projected or currently enrolled students,
4 issuance of refunds to projected or currently enrolled
5 students, payment of liabilities to the Student Protection
6 Fund, or for the retrieval or safekeeping of student records.
7 Section 23. Subsections (1) and (4) of section
8 246.2265, Florida Statutes, are amended to read:
9 246.2265 Additional regulatory powers while
10 disciplinary proceedings are pending; cease and desist
11 orders.--
12 (1) The board may, in conjunction with an
13 administrative complaint or notice of denial of licensure,
14 issue cease and desist orders for the purpose of protecting
15 the health, safety, and welfare of students, prospective
16 students, and the general public. Such orders may be
17 mandatory or prohibitory in form and may order a nonpublic an
18 independent postsecondary career institution, officer,
19 employee, or agent to:
20 (a) Cease and desist from specified conduct which
21 relates to acts or omissions stated in the administrative
22 complaint or notice of denial of licensure; or
23 (b) Cease and desist from failing to engage in
24 specified conduct which is necessary to achieve or preserve
25 the regulatory purposes of ss. 246.201-246.231.
26 (4) The executive director of the board, with the
27 approval of the chair of the board, may issue and deliver a
28 cease and desist order to a nonpublic an independent
29 postsecondary career institution.
30 Section 24. Subsections (2) and (3) of section
31 246.227, Florida Statutes, are amended to read:
40
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 246.227 Injunctive relief; unlicensed operation of a
2 school; cease and desist notice; civil penalty.--
3 (2) An unlicensed nonpublic independent postsecondary
4 career institution required to be licensed pursuant to ss.
5 246.201-246.231 that advertises or causes advertisements to be
6 made public through which students are solicited for
7 enrollment or are offered diplomas shall be in violation of
8 the provisions of ss. 246.201-246.231. A licensed nonpublic
9 independent postsecondary career institution that is under
10 temporary or permanent injunction against operating or
11 offering diplomas that advertises or causes advertisements to
12 be made public through which students are solicited for
13 enrollment or are offered diplomas shall be in violation of
14 such injunctive order upon presentation to the court of the
15 advertisement.
16 (3) The executive director of the board, with the
17 approval of the chair of the board, may issue and deliver a
18 cease and desist order to any nonpublic independent
19 postsecondary career institution or agent required to be
20 licensed pursuant to ss. 246.201-246.231 that is not so
21 licensed. The board may file, in the name of the state, a
22 proceeding which seeks issuance of an injunction against any
23 person in violation of any provision of such order.
24 Section 25. Subsection (1) of section 246.31, Florida
25 Statutes, is amended to read:
26 246.31 Institutional Assessment Trust Fund.--
27 (1) There is created an Institutional Assessment Trust
28 Fund to be administered by the Department of Education
29 pursuant to this section and rules of the State Board of
30 Education. The trust fund shall consist of all fees and fines
31 imposed upon nonpublic colleges and schools pursuant to this
41
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 chapter, including all fees collected from nonpublic colleges
2 for participation in the common course designation and
3 numbering system. The department shall maintain separate
4 revenue accounts for the State Board of Independent Colleges
5 and Universities; the State Board of Nonpublic Career
6 Education Independent Postsecondary Vocational, Technical,
7 Trade, and Business Schools; and the Department of Education.
8 Section 26. Subsection (6) of section 20.15, Florida
9 Statutes, is amended to read:
10 20.15 Department of Education.--There is created a
11 Department of Education.
12 (6) COUNCILS AND COMMITTEES.--Notwithstanding anything
13 contained in law to the contrary, the Commissioner of
14 Education shall appoint all members of all councils and
15 committees of the Department of Education, except the Board of
16 Regents, the State Board of Community Colleges, the community
17 college district boards of trustees, the Postsecondary
18 Education Planning Commission, the Education Practices
19 Commission, the Education Standards Commission, the State
20 Board of Independent Colleges and Universities, the Florida
21 Commission on Education Reform and Accountability, and the
22 State Board of Nonpublic Career Education Independent
23 Postsecondary Vocational, Technical, Trade, and Business
24 Schools.
25 Section 27. Subsection (5) of section 240.40204,
26 Florida Statutes, is amended to read:
27 240.40204 Florida Bright Futures Scholarship Program;
28 eligible postsecondary education institutions.--A student is
29 eligible for an award or the renewal of an award from the
30 Florida Bright Futures Scholarship Program if the student
31 meets the requirements for the program as described in this
42
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 act and is enrolled in a postsecondary education institution
2 that meets the description in any one of the following
3 subsections:
4 (5) A Florida independent postsecondary education
5 institution that is licensed by the State Board of Nonpublic
6 Career Education Independent Postsecondary Vocational,
7 Technical, Trade, or Business Schools and which:
8 (a) Has a program completion and placement rate of at
9 least the rate required by the current Florida Statutes, the
10 Florida Administrative Code, or the Department of Education
11 for an institution at its level; and
12 (b) Shows evidence of sound financial condition; and
13 either:
14 1. Is accredited at the institutional level by an
15 accrediting agency recognized by the United States Department
16 of Education and has operated in the state for at least 3
17 years during which there has been no complaint for which
18 probable cause has been found; or
19 2. Has operated in Florida for 5 years during which
20 there has been no complaint for which probable cause has been
21 found.
22 Section 28. Subsection (3) of section 246.011, Florida
23 Statutes, is amended to read:
24 246.011 Purpose.--
25 (3) It is the intent of the Legislature that a
26 nonpublic college which offers both degrees and vocational
27 certificates or diplomas shall be subject to the rules of the
28 State Board of Independent Colleges and Universities as
29 provided by ss. 246.011-246.151 and the State Board of
30 Nonpublic Career Education Independent Postsecondary
31
43
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
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
44
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 Postsecondary Vocational, Technical, Trade, and Business
2 Schools for licensure for such program.
3 Section 32. Subsection (1) of section 246.111, Florida
4 Statutes, is amended to read:
5 246.111 Denial, probation, or revocation of license or
6 certificate of exemption.--
7 (1) Any temporary license, provisional license, or
8 regular license, agent's license, certificate of exemption, or
9 other authorization required under the provisions of ss.
10 246.011-246.151 may be denied, placed on probation, or revoked
11 by the board. A college which has its certificate of
12 exemption revoked shall become subject to the licensing
13 provisions of the board. The board shall promulgate rules for
14 these actions. Placement of a college on probation for a
15 period of time and subject to such conditions as the board may
16 specify may also carry the imposition of an administrative
17 fine not to exceed $5,000. Such fine shall be deposited into
18 the Institutional Assessment Trust Fund. Disciplinary action
19 undertaken pursuant to this section against a college that is
20 also licensed by the State Board of Nonpublic Career Education
21 Independent Postsecondary Vocational, Technical, Trade, and
22 Business Schools shall prompt disciplinary proceedings
23 pursuant to s. 246.226.
24 Section 33. Subsection (1) of section 246.50, Florida
25 Statutes, is amended to read:
26 246.50 Certified Teacher-Aide Welfare Transition
27 Program; participation by independent postsecondary
28 schools.--An independent postsecondary school may participate
29 in the Certified Teacher-Aide Welfare Transition Program and
30 may receive incentives for successful performance from the
31 Performance Based Incentive Funding Program if:
45
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 (1) The school is accredited by the Southern
2 Association of Colleges and Schools and licensed by the State
3 Board of Nonpublic Career Education Independent Postsecondary
4 Vocational, Technical, Trade, and Business Schools;
5 Section 34. Section 455.2125, Florida Statutes, is
6 amended to read:
7 455.2125 Consultation with postsecondary education
8 boards prior to adoption of changes to training
9 requirements.--Any state agency or board that has jurisdiction
10 over the regulation of a profession or occupation shall
11 consult with the State Board of Independent Colleges and
12 Universities; the State Board of Nonpublic Career Education
13 Independent Postsecondary Vocational, Technical, Trade, and
14 Business Schools; the Board of Regents; and the State Board of
15 Community Colleges prior to adopting any changes to training
16 requirements relating to entry into the profession or
17 occupation. This consultation must allow the educational board
18 to provide advice regarding the impact of the proposed changes
19 in terms of the length of time necessary to complete the
20 training program and the fiscal impact of the changes. The
21 educational board must be consulted only when an institution
22 offering the training program falls under its jurisdiction.
23 Section 35. Section 455.554, Florida Statutes, is
24 amended to read:
25 455.554 Consultation with postsecondary education
26 boards prior to adoption of changes to training
27 requirements.--Any state agency or board that has jurisdiction
28 over the regulation of a profession or occupation shall
29 consult with the State Board of Independent Colleges and
30 Universities; the State Board of Nonpublic Career Education
31 Independent Postsecondary Vocational, Technical, Trade, and
46
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 Business Schools; the Board of Regents; and the State Board of
2 Community Colleges prior to adopting any changes to training
3 requirements relating to entry into the profession or
4 occupation. This consultation must allow the educational board
5 to provide advice regarding the impact of the proposed changes
6 in terms of the length of time necessary to complete the
7 training program and the fiscal impact of the changes. The
8 educational board must be consulted only when an institution
9 offering the training program falls under its jurisdiction.
10 Section 36. Subsection (8) of section 467.009, Florida
11 Statutes, is amended to read:
12 467.009 Midwifery programs; education and training
13 requirements.--
14 (8) Nonpublic educational institutions that conduct
15 approved midwifery programs shall be accredited by a member of
16 the Commission on Recognition of Postsecondary Accreditation
17 and shall be licensed by the State Board of Nonpublic Career
18 Education Independent Postsecondary Vocational, Technical,
19 Trade, and Business Schools.
20 Section 37. Section 476.178, Florida Statutes, is
21 amended to read:
22 476.178 Schools of barbering; licensure.--No private
23 school of barbering shall be permitted to operate without a
24 license issued by the State Board of Nonpublic Career
25 Education Independent Postsecondary Vocational, Technical,
26 Trade, and Business Schools pursuant to chapter 246. However,
27 this section shall not be construed to prevent certification
28 by the Department of Education of barber training programs
29 within the public school system or to prevent government
30 operation of any other program of barbering in this state.
31
47
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 Section 38. Section 477.023, Florida Statutes, is
2 amended to read:
3 477.023 Schools of cosmetology; licensure.--No private
4 school of cosmetology shall be permitted to operate without a
5 license issued by the State Board of Nonpublic Career
6 Education Independent Postsecondary Vocational, Technical,
7 Trade, and Business Schools pursuant to chapter 246. However,
8 nothing herein shall be construed to prevent certification by
9 the Department of Education of cosmetology training programs
10 within the public school system or to prevent government
11 operation of any other program of cosmetology in this state.
12 Section 39. Section 488.01, Florida Statutes, is
13 amended to read:
14 488.01 License to engage in business of operating a
15 driver's school required.--The Department of Highway Safety
16 and Motor Vehicles shall oversee and license all commercial
17 driver's schools except truck driving schools. All commercial
18 truck driving schools shall be required to be licensed
19 pursuant to chapter 246, and additionally shall be subject to
20 the provisions of ss. 488.04 and 488.05. No person, group,
21 organization, institution, business entity, or corporate
22 entity may engage in the business of operating a driver's
23 school without first obtaining a license therefor from the
24 Department of Highway Safety and Motor Vehicles pursuant to
25 this chapter or from the State Board of Nonpublic Career
26 Education Independent Postsecondary Vocational, Technical,
27 Trade, and Business Schools pursuant to chapter 246.
28 Section 40. Effective July 1, 1999, subsection (1) and
29 paragraph (a) of subsection (6) of section 232.246, Florida
30 Statutes, are amended to read:
31
48
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 232.246 General requirements for high school
2 graduation.--
3 (1) Graduation requires successful completion of
4 either a minimum of 24 academic credits in grades 9 through 12
5 or an International Baccalaureate curriculum. The 24 credits
6 shall be distributed as follows:
7 (a) Four credits in English, with major concentration
8 in composition and literature.
9 (b) Three credits in mathematics. Effective for
10 students entering the 9th grade in the 1997-1998 school year
11 and thereafter, one of these credits must be Algebra I, a
12 series of courses equivalent to Algebra I, or a higher-level
13 mathematics course.
14 (c) Three credits in science, two of which must have a
15 laboratory component. The State Board of Education may grant
16 an annual waiver of the laboratory requirement to a school
17 district that certifies that its laboratory facilities are
18 inadequate, provided the district submits a capital outlay
19 plan to provide adequate facilities and makes the funding of
20 this plan a priority of the school board.
21 (d) One credit in American history.
22 (e) One credit in world history, including a
23 comparative study of the history, doctrines, and objectives of
24 all major political systems.
25 (f) One-half credit in economics, including a
26 comparative study of the history, doctrines, and objectives of
27 all major economic systems. The Florida Council on Economic
28 Education shall provide technical assistance to the department
29 and local school boards in developing curriculum materials for
30 the study of economics.
31
49
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 (g) One-half credit in American government, including
2 study of the Constitution of the United States. For students
3 entering the 9th grade in the 1997-1998 school year and
4 thereafter, the study of Florida government, including study
5 of the State Constitution, the three branches of state
6 government, and municipal and county government, shall be
7 included as part of the required study of American government.
8 (h)1. One credit in practical arts career education or
9 exploratory career education. Any vocational course as
10 defined in s. 228.041(22) may be taken to satisfy the high
11 school graduation requirement for one credit in practical arts
12 or exploratory career education provided in this subparagraph;
13 2. One credit in performing fine arts to be selected
14 from music, dance, drama, painting, or sculpture. A course in
15 any art form, in addition to painting or sculpture, that
16 requires manual dexterity, or a course in speech and debate,
17 may be taken to satisfy the high school graduation requirement
18 for one credit in performing arts pursuant to this
19 subparagraph; or
20 3. One-half credit each in practical arts career
21 education or exploratory career education and performing fine
22 arts, as defined in this paragraph.
23
24 Such credit for practical arts career education or exploratory
25 career education or for performing fine arts shall be made
26 available in the 9th grade, and students shall be scheduled
27 into a 9th grade course as a priority.
28 (i) One-half credit in life management skills to
29 include consumer education, positive emotional development,
30 nutrition, prevention of human immunodeficiency virus
31 infection and acquired immune deficiency syndrome and other
50
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 sexually transmissible diseases, benefits of sexual abstinence
2 and consequences of teenage pregnancy, information and
3 instruction on breast cancer detection and breast
4 self-examination, cardiopulmonary resuscitation, drug
5 education, and the hazards of smoking. Such credit shall be
6 given for a course to be taken by all students in either the
7 9th or 10th grade.
8 (j) One One-half credit in physical education to
9 include assessment, improvement, and maintenance of personal
10 fitness. Participation in an interscholastic sport, whether
11 at the freshman, junior varsity, or varsity level, for two a
12 full seasons season, shall satisfy the one-credit one-half
13 credit requirement in physical education if the student passes
14 a competency test on personal fitness with a score of "C" or
15 better. The competency test on personal fitness must be
16 developed by the Department of Education. A school board may
17 not require that the one credit in physical education be taken
18 during the 9th grade year.
19 (k) Eight and one-half Nine elective credits.
20
21 School boards may award a maximum of one-half credit in social
22 studies and one-half elective credit for student completion of
23 nonpaid voluntary community or school service work. Students
24 choosing this option must complete a minimum of 75 hours of
25 service in order to earn the one-half credit in either
26 category of instruction. Credit may not be earned for service
27 provided as a result of court action. School boards that
28 approve the award of credit for student volunteer service
29 shall develop guidelines regarding the award of the credit,
30 and school principals are responsible for approving specific
31 volunteer activities. A course designated in the Course Code
51
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 Directory as grade 9 through grade 12 which is taken below the
2 9th grade may be used to satisfy high school graduation
3 requirements or Florida Academic Scholars award Scholar's
4 Certificate Program requirements as specified in a district's
5 pupil progression plan.
6 (6) The Legislature recognizes that adult learners are
7 unique in situation and needs. The following graduation
8 requirements are therefore instituted for students enrolled in
9 adult general education in accordance with s. 239.301 in
10 pursuit of a high school diploma:
11 (a) The one one-half credit in physical education
12 required for graduation, pursuant to subsection (1), is not
13 required for graduation and shall be substituted with elective
14 credit keeping the total credits needed for graduation
15 consistent with subsection (1).
16 Section 41. Section 233.0616, Florida Statutes, is
17 created to read:
18 233.0616 Personal fitness programs.--Each elementary
19 school and middle school is encouraged to implement a personal
20 fitness program, approved by the Department of Education, that
21 complies with American Heart Association guidelines for
22 elementary school and middle school personal fitness courses.
23 From incentive funds provided in the General Appropriations
24 Act, the Department of Education shall allocate funds to
25 schools implementing personal fitness programs pursuant to
26 this section.
27 Section 42. From funds provided in the General
28 Appropriations Act, the Department of Education shall allocate
29 funds to provide for an additional one-fourth-time position to
30 upgrade the physical education specialist position in the
31
52
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 department from a three-fourths-time position to a full-time
2 position.
3 Section 43. Subsections (3) and (13) of section
4 240.61, Florida Statutes, are amended to read:
5 240.61 College reach-out program.--
6 (3) To participate in the college reach-out program, a
7 community college, a public university, or an independent
8 postsecondary institution that is participating in a special
9 program for students from disadvantaged backgrounds pursuant
10 to 20 U.S.C., ss. 1070d et seq. may submit a proposal to the
11 Department of Education. The State Board of Education shall
12 consider the proposals and determine which proposals to
13 implement as programs that will strengthen the educational
14 motivation and preparation of low-income educationally
15 disadvantaged students.
16 (13) By February 15 January 15 of each year, the
17 Postsecondary Education Planning Commission shall submit to
18 the President of the Senate, the Speaker of the House of
19 Representatives, the Commissioner of Education, and the
20 Governor a report that evaluates the effectiveness of the
21 college reach-out program. The report must be based upon
22 information provided by participating institutions, the
23 Division of Universities, the Division of Community Colleges,
24 and the Division of Workforce Development pursuant to
25 subsections (7) and (12). The evaluation must include
26 longitudinal cohort assessments of college reach-out program
27 participants from their entry into the program to their
28 graduation from postsecondary institutions. To the extent
29 feasible, the performance of college reach-out program
30 participants must be compared to the performance of comparable
31
53
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 cohorts of students in public school and postsecondary
2 education.
3 Section 44. Sections 240.154, 240.278, 240.521,
4 240.522, 240.523, and 240.525, Florida Statutes, are repealed.
5 Section 45. Subsection (4) of section 216.136, Florida
6 Statutes, is amended to read:
7 216.136 Consensus estimating conferences; duties and
8 principals.--
9 (4) EDUCATION ESTIMATING CONFERENCE.--
10 (a) Duties.--The Education Estimating Conference shall
11 develop such official information relating to the state public
12 educational system, including forecasts of student
13 enrollments, the number of students qualified for state
14 financial aid programs and the appropriation required to fund
15 the full award amounts for each program, fixed capital outlay
16 needs, and Florida Education Finance Program formula needs, as
17 the conference determines is needed for the state planning and
18 budgeting system. The conference's initial projections of
19 enrollments in public schools shall be forwarded by the
20 conference to each school district no later than 2 months
21 prior to the start of the regular session of the Legislature.
22 Each school district may, in writing, request adjustments to
23 the initial projections. Any adjustment request shall be
24 submitted to the conference no later than 1 month prior to the
25 start of the regular session of the Legislature and shall be
26 considered by the principals of the conference. A school
27 district may amend its adjustment request, in writing, during
28 the first 3 weeks of the legislative session, and such amended
29 adjustment request shall be considered by the principals of
30 the conference. For any adjustment so requested, the district
31 shall indicate and explain, using definitions adopted by the
54
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 conference, the components of anticipated enrollment changes
2 that correspond to continuation of current programs with
3 workload changes; program improvement; program reduction or
4 elimination; initiation of new programs; and any other
5 information that may be needed by the Legislature. For public
6 schools, the conference shall submit its full-time equivalent
7 student consensus estimate to the Legislature no later than 1
8 month after the start of the regular session of the
9 Legislature. No conference estimate may be changed without the
10 agreement of the full conference.
11 (b) Adjustments.--No later than 2 months prior to the
12 start of the regular session of the Legislature, the
13 conference shall forward to each eligible postsecondary
14 education institution its initial projections of the number of
15 students qualified for state financial aid programs and the
16 appropriation required to fund those students at the full
17 award amount. Each postsecondary education institution may
18 request, in writing, adjustments to the initial projection.
19 Any adjustment request must be submitted to the conference no
20 later than 1 month prior to the start of the regular session
21 of the Legislature and shall be considered by the principals
22 of the conference. For any adjustment so requested, the
23 postsecondary education institution shall indicate and
24 explain, using definitions adopted by the conference, the
25 components of anticipated changes that correspond to
26 continuation of current programs with enrollment changes,
27 program reduction or elimination, initiation of new programs,
28 award amount increases or decreases, and any other information
29 that is considered by the conference. The conference shall
30 submit its consensus estimate to the Legislature no later than
31 1 month after the start of the regular session of the
55
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 Legislature. No conference estimate may be changed without the
2 agreement of the full conference.
3 (c)(b) Principals.--The Associate Deputy Commissioner
4 for Educational Management, the Executive Office of the
5 Governor, the director of the Division of Economic and
6 Demographic Research of the Joint Legislative Management
7 Committee, and professional staff of the Senate and House of
8 Representatives who have forecasting expertise, or their
9 designees, are the principals of the Education Estimating
10 Conference. The Associate Deputy Commissioner for Educational
11 Management or his or her designee shall preside over sessions
12 of the conference.
13 Section 46. Effective July January 1, 1999, section
14 240.409, Florida Statutes, is amended to read:
15 240.409 Florida Public Student Assistance Grant
16 Program; eligibility for grants.--
17 (1) There is hereby created a Florida Public Student
18 Assistance Grant Program. The program shall to be administered
19 by the participating institutions Department of Education in
20 accordance with rules of the state board.
21 (2)(a) State student assistance grants through the
22 program may be made only to full-time degree-seeking students
23 who meet the general requirements for student eligibility as
24 provided in s. 240.404, except as otherwise provided in this
25 section. Such grants shall be awarded annually for the amount
26 of demonstrated unmet need for the cost of education and may
27 not exceed an amount equal to the average prior academic year
28 cost of tuition and matriculation fees and other registration
29 fees for 30 credit hours at state universities or such other
30 amount as specified in the General Appropriations Act, to any
31 recipient. A demonstrated unmet need of less than $200 shall
56
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 render the applicant ineligible for a state student assistance
2 grant. Recipients of such grants must have been accepted at a
3 state university or community college authorized by Florida
4 law. No student may receive an award for more than the
5 equivalent of 9 semesters or 14 quarters of full-time
6 enrollment in a period of not more than 6 consecutive years,
7 except as otherwise provided in s. 240.404(3).
8 (b) A student applying for a Florida public student
9 assistance grant shall be required to apply for the Pell
10 Grant. The Pell Grant entitlement shall be considered by the
11 department when conducting an assessment of the financial
12 resources available to each student.
13 (c) The criteria and procedure for establishing
14 standards of eligibility shall be determined by the
15 department. The department is directed to establish a rating
16 system upon which to base the approval of grants, and such
17 system shall include a certification of acceptability by the
18 state university or community college of the applicant's
19 choice and the use of a nationally recognized system of need
20 analysis. Priority in the distribution of grant moneys shall
21 be given to students with the lowest total family resources,
22 in accordance with a nationally recognized system of need
23 analysis as determined pursuant to this subsection, taking
24 into consideration the receipt of Pell Grants and student
25 contributions to educational costs. Using the system of need
26 analysis, the department shall establish a maximum expected
27 family contribution. An institution may not make a grant from
28 this program to a student whose expected family contribution
29 exceeds the level established by the department. An
30 institution may not impose additional criteria to determine a
31 student's eligibility to receive a grant award.
57
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 (d) Each participating institution shall report, to
2 the department by the established date, the eligible students
3 to whom grant moneys are disbursed each academic term. Each
4 institution shall also report to the department necessary
5 demographic and eligibility data for such students. The
6 department is directed to establish, for fall enrollment, an
7 initial application deadline for students attending all
8 eligible institutions and an additional application deadline
9 for community college applicants who apply after the initial
10 application deadline. The second community college deadline
11 shall be at the close of each institution's drop-add period.
12 The department shall reserve an amount to be designated
13 annually in the General Appropriations Act for the purpose of
14 providing awards to community college students who apply for a
15 student assistance grant after the initial application
16 deadline. Community college applicants who apply during the
17 initial application period and are eligible to receive an
18 award, but do not receive an award because of insufficient
19 funds, shall have their applications reconsidered with those
20 community college applicants who apply after the initial
21 application deadline. The provisions of this paragraph shall
22 take effect beginning with the 1990-1991 academic year.
23 (3) Based on the unmet financial need of an eligible
24 applicant, the full amount of a Florida public student
25 assistance grant must be between $200 and the weighted average
26 of the cost of matriculation and other registration fees for
27 30 credit hours at state universities $1,500 per academic year
28 or the amount specified in the General Appropriations Act.
29 When funds are not sufficient to make full awards to all
30 eligible applicants, the department shall reduce the amount of
31 each recipient's grant award pro rata. For any year in which
58
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 a pro rata grant reduction is necessary, such adjustment shall
2 be made by reducing the second semester or the second and
3 third quarter award disbursements to grant recipients. In
4 each such instance, institutions shall notify students of
5 award adjustments.
6 (4) In the event that a Florida public student
7 assistance grant recipient transfers from one institution
8 eligible under this section, s. 240.4095, or s. 240.4097 to
9 another, his or her eligibility shall be transferable upon
10 approval of the department. When approved by the department,
11 the amount of the unmet need shall be recalculated for the new
12 institution and shall be adjusted accordingly.
13 (4)(5)(a) The funds appropriated for the Florida
14 Public Student Assistance Grant shall be distributed to
15 eligible institutions in accordance with a formula recommended
16 by the Department of Education's Florida Council of Student
17 Financial Aid Advisors and reviewed by the Postsecondary
18 Education Planning Commission, the State Board of Community
19 Colleges, and the Board of Regents. The formula shall consider
20 at least the prior year's distribution of funds, the number of
21 full-time eligible applicants who did not receive awards, the
22 standardization of the expected family contribution, and
23 provisions for unused funds.
24 (b) Payment of Florida public student assistance
25 grants shall may be transmitted to the president of the state
26 university or community college which the recipient is
27 attending, or to his or her representative, in advance of the
28 registration period. Institutions shall notify students of the
29 amount of their awards.
30 (c)(b) Institutions shall certify to the department,
31 within 30 days of the end of regular registration, the
59
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 eligibility status of each awarded student. The eligibility
2 status of each student to receive a disbursement shall be
3 determined by each institution as of the end of its regular
4 registration period, inclusive of a drop-add period.
5 Institutions shall not be required to reevaluate a student's
6 eligibility status after this date for purposes of changing
7 amending eligibility determinations previously made. However,
8 an institution shall be required to make refunds for students
9 who receive award disbursements and terminate enrollment for
10 any reason during the academic term when an institution's
11 refund policies permit a student to receive a refund under
12 these circumstances.
13 (d)(c) Institutions shall certify to the department
14 the amount of funds disbursed to each student and shall remit
15 to the department any undisbursed advances by June 1 of each
16 year within 60 days of the end of regular registration.
17 (5)(6) Funds appropriated by the Legislature for state
18 student assistance grants shall be deposited in the State
19 Student Financial Assistance Trust Fund. Notwithstanding the
20 provisions of s. 216.301 and pursuant to s. 216.351, any
21 balance in the trust fund at the end of any fiscal year that
22 has been allocated to the Florida Public Student Assistance
23 Grant Program shall remain therein and shall be available for
24 carrying out the purposes of this section.
25 (6)(7) The State Board of Education shall establish
26 rules necessary to implement this section.
27 Section 47. Effective July 1, 1999, section 240.4095,
28 Florida Statutes, is amended to read:
29 240.4095 Florida Private Student Assistance Grant
30 Program; eligibility for grants.--
31
60
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 (1) There is hereby created a Florida Private Student
2 Assistance Grant Program. The program shall to be administered
3 by the participating institutions Department of Education in
4 accordance with rules of the state board.
5 (2)(a) Florida private student assistance grants from
6 the State Student Financial Assistance Trust Fund may be made
7 only to full-time degree-seeking students who meet the general
8 requirements for student eligibility as provided in s.
9 240.404, except as otherwise provided in this section. Such
10 grants shall be awarded for the amount of demonstrated unmet
11 need for tuition and fees and may not exceed an amount equal
12 to the average matriculation and other registration fees for
13 30 credit hours at state universities plus $1,000 a total of
14 $1,500 per academic year, or as specified in the General
15 Appropriations Act, to any applicant. A demonstrated unmet
16 need of less than $200 shall render the applicant ineligible
17 for a Florida private student assistance grant. Recipients of
18 such grants must have been accepted at a
19 baccalaureate-degree-granting independent nonprofit college or
20 university, which is accredited by the Commission on Colleges
21 of the Southern Association of Colleges and Schools, and which
22 has a secular purpose, and which is located in and chartered
23 as a domestic corporation by the state. No student may
24 receive an award for more than the equivalent of 9 semesters
25 or 14 quarters of full-time enrollment in a period of not more
26 than 6 consecutive years, except as otherwise provided in s.
27 240.404(3).
28 (b) A student applying for a Florida private student
29 assistance grant shall be required to apply for the Pell
30 Grant. The Pell Grant entitlement shall be considered by the
31
61
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 department when conducting an assessment of the financial
2 resources available to each student.
3 (c) The criteria and procedure for establishing
4 standards of eligibility shall be determined by the
5 department. The department is directed to establish a rating
6 system upon which to base the approval of grants, including
7 the use of a nationally recognized system of need analysis.
8 The system shall include a certification of acceptability by
9 the independent nonprofit college or university of the
10 applicant's choice. Priority in the distribution of grant
11 moneys shall be given to students with the lowest total family
12 resources, in accordance with a nationally recognized system
13 of need analysis as determined pursuant to this subsection,
14 taking into consideration the receipt of Pell Grants and
15 student contributions to educational costs. Using the system
16 of need analysis, the department shall establish a maximum
17 expected family contribution. An institution may not make a
18 grant from this program to a student whose expected family
19 contribution exceeds the level established by the department.
20 An institution may not impose additional criteria to determine
21 a student's eligibility to receive a grant award.
22 (d) Each participating institution shall report, to
23 the department by the established date, the eligible students
24 to whom grant moneys are disbursed each academic term. Each
25 institution shall also report to the department necessary
26 demographic and eligibility data for such students.
27 (3) Based on the unmet financial need of an eligible
28 applicant, the full amount of a Florida private student
29 assistance grant must be between $200 and the average cost of
30 matriculation and other registration fees for 30 credit hours
31 at state universities plus $1,000 $1,500 per academic year or
62
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 the amount specified in the General Appropriations Act. When
2 funds are not sufficient to make full awards to all eligible
3 applicants, the department shall reduce the amount of each
4 recipient's grant award pro rata. For any year in which a pro
5 rata grant reduction is necessary, such adjustment shall be
6 made by reducing the second semester or the second and third
7 quarter award disbursements to grant recipients. In each such
8 instance, institutions shall notify students of award
9 adjustments.
10 (4) In the event that a Florida private student
11 assistance grant recipient transfers from one institution
12 eligible under this section, s. 240.409, or s. 240.4097 to
13 another, his or her eligibility shall be transferable upon
14 approval of the department. When approved by the department,
15 the amount of the unmet need shall be recalculated for the new
16 institution and shall be adjusted accordingly.
17 (4)(5)(a) The funds appropriated for the Florida
18 Private Student Assistance Grant shall be distributed to
19 eligible institutions in accordance with a formula recommended
20 by the Department of Education's Florida Council of Student
21 Financial Aid Advisors and reviewed by the Postsecondary
22 Education Planning Commission and the Independent Colleges and
23 Universities of Florida. The formula shall consider at least
24 the prior year's distribution of funds, the number of
25 full-time eligible applicants who did not receive awards, the
26 standardization of the expected family contribution, and
27 provisions for unused funds.
28 (b) Payment of Florida private student assistance
29 grants shall may be transmitted to the president of the
30 college or university which the recipient is attending, or to
31 his or her representative, in advance of the registration
63
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 period. Institutions shall notify students of the amount of
2 their awards.
3 (c)(b) Institutions shall certify to the department,
4 within 30 days of the end of regular registration, the
5 eligibility status of each awarded student. The eligibility
6 status of each student to receive a disbursement shall be
7 determined by each institution as of the end of its regular
8 registration period, inclusive of a drop-add period.
9 Institutions shall not be required to reevaluate a student's
10 eligibility status after this date for purposes of changing
11 amending eligibility determinations previously made. However,
12 an institution shall be required to make refunds for students
13 who receive award disbursements and terminate enrollment for
14 any reason during the academic term when an institution's
15 refund policies permit a student to receive a refund under
16 these circumstances.
17 (d)(c) Institutions shall certify to the department
18 the amount of funds disbursed to each student and shall remit
19 to the department any undisbursed advances by June 1 of each
20 year within 60 days of the end of regular registration.
21 (e)(d) Each institution that receives moneys through
22 the Florida Private Student Assistance Grant Program shall
23 cause to be prepared a biennial report that includes an
24 independent external audit of the institution's administration
25 of the program and a complete accounting of moneys in the
26 State Student Financial Assistance Trust Fund allocated to the
27 institution for the program. Such report shall be submitted to
28 the department on or before March 1 every other year. The
29 department may conduct its own annual or biennial audit of an
30 institution's administration of the program and its allocated
31 funds in lieu of the required biennial report and independent
64
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 external audit. The department may suspend or revoke an
2 institution's eligibility to receive future moneys from the
3 trust fund for the program or request a refund of any moneys
4 overpaid to the institution through the trust fund for the
5 program if the department finds that an institution has not
6 complied with the provisions of this section. Any refund
7 requested pursuant to this paragraph shall be remitted within
8 60 days.
9 (5)(6) Funds appropriated by the Legislature for
10 Florida private student assistance grants shall be deposited
11 in the State Student Financial Assistance Trust Fund.
12 Notwithstanding the provisions of s. 216.301 and pursuant to
13 s. 216.351, any balance in the trust fund at the end of any
14 fiscal year that has been allocated to the Florida Private
15 Student Assistance Grant Program shall remain therein and
16 shall be available for carrying out the purposes of this
17 section and as otherwise provided by law.
18 (6)(7) The State Board of Education shall adopt rules
19 necessary to implement this section.
20 Section 48. Effective July 1, 1999, section 240.4097,
21 Florida Statutes, is amended to read:
22 240.4097 Florida Postsecondary Student Assistance
23 Grant Program; eligibility for grants.--
24 (1) There is hereby created a Florida Postsecondary
25 Student Assistance Grant Program. The program shall to be
26 administered by the participating institutions Department of
27 Education in accordance with rules of the state board.
28 (2)(a) Florida postsecondary student assistance grants
29 through the State Student Financial Assistance Trust Fund may
30 be made only to full-time degree-seeking students who meet the
31 general requirements for student eligibility as provided in s.
65
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 240.404, except as otherwise provided in this section. Such
2 grants shall be awarded for the amount of demonstrated unmet
3 need for tuition and fees and may not exceed an amount equal
4 to the average prior-academic-year cost of matriculation and
5 other registration fees for 30 credit hours at state
6 universities plus $1,000 a total of $1,500 per academic year,
7 or as specified in the General Appropriations Act, to any
8 applicant. A demonstrated unmet need of less than $200 shall
9 render the applicant ineligible for a Florida postsecondary
10 student assistance grant. Recipients of such grants must have
11 been accepted at a postsecondary institution that is located
12 in and chartered as a domestic corporation by the state and
13 that is:
14 1. A private nursing diploma school approved by the
15 Florida Board of Nursing; or
16 2. An institution either licensed by the State Board
17 of Independent Colleges and Universities or exempt from
18 licensure pursuant to s. 246.085(1)(a), excluding those
19 institutions the students of which are eligible to receive a
20 Florida private student assistance grant pursuant to s.
21 240.4095.
22
23 No student may receive an award for more than the equivalent
24 of 9 semesters or 14 quarters of full-time enrollment in a
25 period of not more than 6 consecutive years, except as
26 otherwise provided in s. 240.404(3).
27 (b) A student applying for a Florida postsecondary
28 student assistance grant shall be required to apply for the
29 Pell Grant. The Pell Grant entitlement shall be considered by
30 the department when conducting an assessment of the financial
31 resources available to each student.
66
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 (c) The criteria and procedure for establishing
2 standards of eligibility shall be determined by the
3 department. The department is directed to establish a rating
4 system upon which to base the approval of grants, including
5 the use of a nationally recognized system of need analysis.
6 The system shall include a certification of acceptability by
7 the school of the applicant's choice. Priority in the
8 distribution of grant moneys shall be given to students with
9 the lowest total family resources, in accordance with a
10 nationally recognized system of need analysis as determined
11 pursuant to this subsection, taking into consideration the
12 receipt of Pell Grants and student contributions to
13 educational costs. Using the system of need analysis, the
14 department shall establish a maximum expected family
15 contribution. An institution may not make a grant from this
16 program to a student whose expected family contribution
17 exceeds the level established by the department. An
18 institution may not impose additional criteria to determine a
19 student's eligibility to receive a grant award.
20 (d) Each participating institution shall report, to
21 the department by the established date, the eligible students
22 to whom grant moneys are disbursed each academic term. Each
23 institution shall also report to the department necessary
24 demographic and eligibility data for such students.
25 (3) Based on the unmet financial need of an eligible
26 applicant, the full amount of a Florida postsecondary student
27 assistance grant must be between $200 and the average cost of
28 matriculation and other registration fees for 30 credit hours
29 at state universities plus $1,000 $1,500 per academic year or
30 the amount specified in the General Appropriations Act. When
31 funds are not sufficient to make full awards to all eligible
67
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 applicants, the department shall reduce the amount of each
2 recipient's grant award pro rata. For any year in which a pro
3 rata grant reduction is necessary, such adjustment shall be
4 made by reducing the second semester or the second and third
5 quarter award disbursements to grant recipients. In each such
6 instance, institutions shall notify students of award
7 adjustments.
8 (4) In the event that a student assistance grant
9 recipient transfers from one institution eligible under this
10 section, s. 240.409, or s. 240.4095 to another, his or her
11 eligibility shall be transferable upon approval of the
12 department. When approved by the department, the amount of
13 the unmet need shall be recalculated for the new institution
14 and shall be adjusted accordingly.
15 (4)(5)(a) The funds appropriated for the Florida
16 Postsecondary Student Assistance Grant shall be distributed to
17 eligible institutions in accordance with a formula recommended
18 by the Department of Education's Florida Council of Student
19 Financial Aid Advisors and reviewed by the Postsecondary
20 Education Planning Commission and the Florida Association of
21 Postsecondary Schools and Colleges. The formula shall consider
22 at least the prior year's distribution of funds, the number of
23 full-time eligible applicants who did not receive awards, the
24 standardization of the expected family contribution, and
25 provisions for unused funds.
26 (b) Payment of Florida postsecondary student
27 assistance grants shall may be transmitted to the president of
28 the eligible institution which the recipient is attending, or
29 to his or her representative, in advance of the registration
30 period. Institutions shall notify students of the amount of
31 their awards.
68
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 (c)(b) Institutions shall certify to the department,
2 within 30 days of the end of regular registration, the
3 eligibility status of each awarded student. The eligibility
4 status of each student to receive a disbursement shall be
5 determined by each institution as of the end of its regular
6 registration period, inclusive of a drop-add period.
7 Institutions shall not be required to reevaluate a student's
8 eligibility status after this date for purposes of changing
9 amending eligibility determinations previously made. However,
10 an institution shall be required to make refunds for students
11 who receive award disbursements and terminate enrollment for
12 any reason during the academic term when an institution's
13 refund policies permit a student to receive a refund under
14 these circumstances.
15 (d)(c) Institutions shall certify to the department
16 the amount of funds disbursed to each student and shall remit
17 to the department any undisbursed advances by June 1 of each
18 year within 60 days of the end of regular registration.
19 (e)(d) Each institution that receives moneys through
20 the Florida Postsecondary Student Assistance Grant Program
21 shall cause to be prepared a biennial report that includes an
22 independent external audit of the institution's administration
23 of the program and a complete accounting of moneys in the
24 State Student Financial Assistance Trust Fund allocated to the
25 institution for the program. Such report shall be submitted
26 to the department on or before March 1 every other year. The
27 department may conduct its own annual or biennial audit of an
28 institution's administration of the program and its allocated
29 funds in lieu of the required biennial report and independent
30 external audit. The department may suspend or revoke an
31 institution's eligibility to receive future moneys from the
69
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 trust fund for the program or request a refund of any moneys
2 overpaid to the institution through the trust fund for the
3 program if the department finds that an institution has not
4 complied with the provisions of this section. Any refund
5 requested pursuant to this paragraph shall be remitted within
6 60 days.
7 (5)(6) Any institution that was eligible to receive
8 state student assistance grants on January 1, 1989, and that
9 is not eligible to receive grants pursuant to s. 240.4095 is
10 eligible to receive grants pursuant to this section.
11 (6)(7) Funds appropriated by the Legislature for
12 Florida postsecondary student assistance grants shall be
13 deposited in the State Student Financial Assistance Trust
14 Fund. Notwithstanding the provisions of s. 216.301 and
15 pursuant to s. 216.351, any balance in the trust fund at the
16 end of any fiscal year that has been allocated to the Florida
17 Postsecondary Student Assistance Grant Program shall remain
18 therein and shall be available for carrying out the purposes
19 of this section and as otherwise provided by law.
20 (7)(8) The State Board of Education shall adopt rules
21 necessary to implement this section.
22 Section 49. Section 240.551, Florida Statutes, is
23 amended to read:
24 240.551 Florida Prepaid College Postsecondary
25 Education Expense Program.--
26 (1) LEGISLATIVE INTENT.--The Legislature recognizes
27 that educational opportunity at the postsecondary level is a
28 critical state interest. It further recognizes that
29 educational opportunity is best ensured through the provision
30 of postsecondary institutions that are geographically and
31 financially accessible. Accordingly, it is the intent of the
70
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 Legislature that a program be established through which many
2 of the costs associated with postsecondary attendance may be
3 paid in advance and fixed at a guaranteed level for the
4 duration of undergraduate enrollment. It is similarly the
5 intent of the Legislature to provide a program that fosters
6 timely financial planning for postsecondary attendance and to
7 encourage employer participation in such planning through
8 program contributions on behalf of employees and the
9 dependents of employees.
10 (2) DEFINITIONS.--As used in this section:
11 (a) "Advance payment contract" means a contract
12 entered into by the board and a purchaser pursuant to this
13 section.
14 (b) "Board" means the Florida Prepaid College
15 Postsecondary Education Expense Board.
16 (c) "Fund" means the Florida Prepaid College
17 Postsecondary Education Expense Trust Fund.
18 (d)(g) "Program" means the Florida Prepaid College
19 Postsecondary Education Expense Program.
20 (e)(d) "Purchaser" means a person who makes or is
21 obligated to make advance registration or dormitory residence
22 payments in accordance with an advance payment contract.
23 (f)(e) "Qualified beneficiary" means:
24 1. A resident of this state at the time a purchaser
25 enters into an advance payment contract on behalf of the
26 resident;
27 2. A nonresident who is the child of a noncustodial
28 parent who is a resident of this state at the time that such
29 parent enters into an advance payment contract on behalf of
30 the child; or
31
71
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 3. For purposes of advance payment contracts entered
2 into pursuant to subsection (22) paragraph (5)(j), a graduate
3 of an accredited high school in this state who is a resident
4 of this state at the time he or she is designated to receive
5 the benefits of the advance payment contract.
6 (g)(h) "Registration fee" means matriculation fee,
7 financial aid fee, building fee, and Capital Improvement Trust
8 Fund fee.
9 (h)(f) "State postsecondary institution" means any
10 community college identified in s. 240.3031 or university
11 identified in s. 240.2011.
12 (3) FLORIDA PREPAID COLLEGE PROGRAM; CREATION.--There
13 is created a Florida Prepaid College Postsecondary Education
14 Expense Program to provide a medium through which the cost of
15 registration and dormitory residence may be paid in advance of
16 enrollment in a state postsecondary institution at a rate
17 lower than the projected corresponding cost at the time of
18 actual enrollment. Such payments shall be combined and
19 invested in a manner that yields, at a minimum, sufficient
20 interest to generate the difference between the prepaid amount
21 and the cost of registration and dormitory residence at the
22 time of actual enrollment. Students who enroll in a state
23 postsecondary institution pursuant to this section shall be
24 charged no fees in excess of the terms delineated in the
25 advance payment contract.
26 (4) FLORIDA PREPAID COLLEGE TRUST FUND.--There is
27 created within the State Board of Administration the Florida
28 Prepaid College Postsecondary Education Expense Trust Fund.
29 The fund shall consist of state appropriations, moneys
30 acquired from other governmental or private sources, and
31 moneys remitted in accordance with advance payment contracts.
72
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 All funds deposited into the trust fund may be invested
2 pursuant to s. 215.47; however, such investment shall not be
3 mandatory. Dividends, interest, and gains accruing to the
4 trust fund shall increase the total funds available for the
5 program. Notwithstanding the provisions of chapter 717, funds
6 associated with terminated contracts terminated pursuant to
7 subsection (12) paragraph (6)(d) and canceled contracts for
8 which no refunds have been claimed shall increase the total
9 funds available for the program. However, the board shall
10 establish procedures for notifying purchasers who subsequently
11 cancel their contracts of any unclaimed refund and shall
12 establish a time period after which no refund may be claimed
13 by a purchaser who canceled a contract. Any balance contained
14 within the fund at the end of a fiscal year shall remain
15 therein and shall be available for carrying out the purposes
16 of the program. In the event that dividends, interest, and
17 gains exceed exceeds the amount necessary for program
18 administration and disbursements, the board may designate an
19 additional percentage of the fund to serve as a contingency
20 fund. Moneys contained within the fund shall be exempt from
21 the investment requirements of s. 18.10. Any funds of a
22 direct-support organization created pursuant to subsection
23 (22) paragraph (5)(j) shall be exempt from the provisions of
24 this subsection paragraph.
25 (5) PROGRAM ADMINISTRATION.--
26 (a) The Florida Prepaid College Postsecondary
27 Education Expense Program shall be administered by the Florida
28 Prepaid College Postsecondary Education Expense Board as an
29 agency of the state. The Florida Prepaid College
30 Postsecondary Education Expense Board is hereby created as a
31 body corporate with all the powers of a body corporate for the
73
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 purposes delineated in this section. For the purposes of s.
2 6, Art. IV of the State Constitution, the board shall be
3 assigned to and administratively housed within the State Board
4 of Administration, but it shall independently exercise the
5 powers and duties specified in this section.
6 (b) The board shall consist of seven members to be
7 composed of the Insurance Commissioner and Treasurer, the
8 Comptroller, the Chancellor of the Board of Regents, the
9 Executive Director of the State Board of Community Colleges,
10 and three members appointed by the Governor and subject to
11 confirmation by the Senate. Each member appointed by the
12 Governor shall possess knowledge, skill, and experience in the
13 areas of accounting, actuary, risk management, or investment
14 management. Each member of the board not appointed by the
15 Governor may name a designee to serve the board on behalf of
16 the member; however, any designee so named shall meet the
17 qualifications required of gubernatorial appointees to the
18 board. Members appointed by the Governor shall serve terms of
19 3 years except that, in making the initial appointments, the
20 Governor shall appoint one member to serve for 1 year, one
21 member to serve for 2 years, and one member to serve for 3
22 years. Any person appointed to fill a vacancy on the board
23 shall be appointed in a like manner and shall serve for only
24 the unexpired term. Any member shall be eligible for
25 reappointment and shall serve until a successor qualifies.
26 Members of the board shall serve without compensation but
27 shall be reimbursed for per diem and travel in accordance with
28 s. 112.061. Each member of the board shall file a full and
29 public disclosure of his or her financial interests pursuant
30 to s. 8, Art. II of the State Constitution and corresponding
31 statute.
74
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 (c)(a) The Governor shall appoint a member of the
2 board to serve as the initial chair of the board. Thereafter,
3 the board shall elect a chair annually. The board shall
4 annually elect a board member to serve as chair and a board
5 member to serve as vice chair and shall designate a
6 secretary-treasurer who need not be a member of the board.
7 The secretary-treasurer shall keep a record of the proceedings
8 of the board and shall be the custodian of all printed
9 material filed with or by the board and of its official seal.
10 Notwithstanding the existence of vacancies on the board, a
11 majority of the members shall constitute a quorum. The board
12 shall take no official action in the absence of a quorum. The
13 board shall meet, at a minimum, on a quarterly basis at the
14 call of the chair.
15 (6) FLORIDA PREPAID COLLEGE BOARD; DUTIES.--The board
16 shall:
17 (a)(b) The board shall Appoint an executive director
18 to serve as the chief administrative and operational officer
19 of the board and to perform other duties assigned to him or
20 her by the board.
21 (b) Administer the fund in a manner that is
22 sufficiently actuarially sound to defray the obligations of
23 the program. The board shall annually evaluate or cause to be
24 evaluated the actuarial soundness of the fund. If the board
25 perceives a need for additional assets in order to preserve
26 actuarial soundness, the board may adjust the terms of
27 subsequent advance payment contracts to ensure such soundness.
28 (c) Establish a comprehensive investment plan for the
29 purposes of this section with the approval of the State Board
30 of Administration. The comprehensive investment plan shall
31 specify the investment policies to be utilized by the board in
75
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 its administration of the fund. The board may place assets of
2 the fund in savings accounts or use the same to purchase fixed
3 or variable life insurance or annuity contracts, securities,
4 evidence of indebtedness, or other investment products
5 pursuant to the comprehensive investment plan and in such
6 proportions as may be designated or approved under that plan.
7 Such insurance, annuity, savings, or investment products shall
8 be underwritten and offered in compliance with the applicable
9 federal and state laws, regulations, and rules by persons who
10 are duly authorized by applicable federal and state
11 authorities. Within the comprehensive investment plan, the
12 board may authorize investment vehicles, or products incident
13 thereto, as may be available or offered by qualified companies
14 or persons. A contract purchaser may not direct the investment
15 of his or her contribution to the trust fund and a contract
16 beneficiary may not direct the contribution made on his or her
17 behalf to the trust fund. Board members and employees of the
18 board are not prohibited from purchasing advance payment
19 contracts by virtue of their fiduciary responsibilities as
20 members of the board or official duties as employees of the
21 board.
22 (d) Solicit proposals and contract, pursuant to s.
23 287.057, for the marketing of the Florida Prepaid College
24 Program. The entity designated pursuant to this paragraph
25 shall serve as a centralized marketing agent for the program
26 and shall be solely responsible for the marketing of the
27 program. Any materials produced for the purpose of marketing
28 the program shall be submitted to the board for review. No
29 such materials shall be made available to the public before
30 the materials are approved by the board. Any educational
31 institution may distribute marketing materials produced for
76
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 the program; however, all such materials shall have been
2 approved by the board prior to distribution. Neither the state
3 nor the board shall be liable for misrepresentation of the
4 program by a marketing agent.
5 (e) Solicit proposals and contract, pursuant to s.
6 287.057, for a trustee services firm to select and supervise
7 investment programs on behalf of the board. The goals of the
8 board in selecting a trustee services firm shall be to obtain
9 the highest standards of professional trustee services, to
10 allow all qualified firms interested in providing such
11 services equal consideration, and to provide such services to
12 the state at no cost and to the purchasers at the lowest cost
13 possible. The trustee services firm shall agree to meet the
14 obligations of the board to qualified beneficiaries if moneys
15 in the fund fail to offset the obligations of the board as a
16 result of imprudent selection or supervision of investment
17 programs by such firm. Evaluations of proposals submitted
18 pursuant to this paragraph shall include, but not be limited
19 to, the following criteria:
20 1. Adequacy of trustee services for supervision and
21 management of the program, including current operations and
22 staff organization and commitment of management to the
23 proposal.
24 2. Capability to execute program responsibilities
25 within time and regulatory constraints.
26 3. Past experience in trustee services and current
27 ability to maintain regular and continuous interactions with
28 the board, records administrator, and product provider.
29 4. The minimum purchaser participation assumed within
30 the proposal and any additional requirements of purchasers.
31
77
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 5. Adequacy of technical assistance and services
2 proposed for staff.
3 6. Adequacy of a management system for evaluating and
4 improving overall trustee services to the program.
5 7. Adequacy of facilities, equipment, and electronic
6 data processing services.
7 8. Detailed projections of administrative costs,
8 including the amount and type of insurance coverage, and
9 detailed projections of total costs.
10 (f) Solicit proposals and contract, pursuant to s.
11 287.057, for product providers to develop investment
12 portfolios on behalf of the board to achieve the purposes of
13 this section. Product providers shall be limited to authorized
14 insurers as defined in s. 624.09, banks as defined in s.
15 658.12, associations as defined in s. 665.012, authorized
16 Securities and Exchange Commission investment advisers, and
17 investment companies as defined in the Investment Company Act
18 of 1940. All product providers shall have their principal
19 place of business and corporate charter located and registered
20 in the United States. In addition, each product provider shall
21 agree to meet the obligations of the board to qualified
22 beneficiaries if moneys in the fund fail to offset the
23 obligations of the board as a result of imprudent investing by
24 such provider. Each authorized insurer shall evidence superior
25 performance overall on an acceptable level of surety in
26 meeting its obligations to its policyholders and other
27 contractual obligations. Only qualified public depositories
28 approved by the Insurance Commissioner and Treasurer shall be
29 eligible for board consideration. Each investment company
30 shall provide investment plans as specified within the request
31 for proposals. The goals of the board in selecting a product
78
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 provider company shall be to provide all purchasers with the
2 most secure, well-diversified, and beneficially administered
3 postsecondary education expense plan possible, to allow all
4 qualified firms interested in providing such services equal
5 consideration, and to provide such services to the state at no
6 cost and to the purchasers at the lowest cost possible.
7 Evaluations of proposals submitted pursuant to this paragraph
8 shall include, but not be limited to, the following criteria:
9 1. Fees and other costs charged to purchasers that
10 affect account values or operational costs related to the
11 program.
12 2. Past and current investment performance, including
13 investment and interest rate history, guaranteed minimum rates
14 of interest, consistency of investment performance, and any
15 terms and conditions under which moneys are held.
16 3. Past experience and ability to provide timely and
17 accurate service in the areas of records administration,
18 benefit payments, investment management, and complaint
19 resolution.
20 4. Financial history and current financial strength
21 and capital adequacy to provide products, including operating
22 procedures and other methods of protecting program assets.
23 (7)(c) FLORIDA PREPAID COLLEGE BOARD; POWERS.--The
24 board shall have the powers necessary or proper to carry out
25 the provisions of this section, including, but not limited to,
26 the power to:
27 (a)1. Adopt an official seal and rules.
28 (b)2. Sue and be sued.
29 (c)3. Make and execute contracts and other necessary
30 instruments.
31
79
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 (d)4. Establish agreements or other transactions with
2 federal, state, and local agencies, including state
3 universities and community colleges.
4 (e)5. Invest funds not required for immediate
5 disbursement.
6 (f)6. Appear in its own behalf before boards,
7 commissions, or other governmental agencies.
8 (g)7. Hold, buy, and sell any instruments,
9 obligations, securities, and property determined appropriate
10 by the board.
11 (h)8. Require a reasonable length of state residence
12 for qualified beneficiaries.
13 (i)9. Restrict the number of participants in the
14 community college plan, university plan, and dormitory
15 residence plan, respectively. However, any person denied
16 participation solely on the basis of such restriction shall be
17 granted priority for participation during the succeeding year.
18 (j)10. Segregate contributions and payments to the
19 fund into various accounts and funds.
20 (k)11. Contract for necessary goods and services,
21 employ necessary personnel, and engage the services of private
22 consultants, actuaries, managers, legal counsel, and auditors
23 for administrative or technical assistance.
24 (l)12. Solicit and accept gifts, grants, loans, and
25 other aids from any source or participate in any other way in
26 any government program to carry out the purposes of this
27 section.
28 (m)13. Require and collect administrative fees and
29 charges in connection with any transaction and impose
30 reasonable penalties, including default, for delinquent
31
80
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 payments or for entering into an advance payment contract on a
2 fraudulent basis.
3 (n)14. Procure insurance against any loss in
4 connection with the property, assets, and activities of the
5 fund or the board.
6 (o)15. Impose reasonable time limits on use of the
7 tuition benefits provided by the program. However, any such
8 limitation shall be specified within the advance payment
9 contract.
10 (p)16. Delineate the terms and conditions under which
11 payments may be withdrawn from the fund and impose reasonable
12 fees and charges for such withdrawal. Such terms and
13 conditions shall be specified within the advance payment
14 contract.
15 (q)17. Provide for the receipt of contributions in
16 lump sums or installment payments.
17 18. Establish other policies, procedures, and criteria
18 to implement and administer the provisions of this section.
19 (r)19. Require that purchasers of advance payment
20 contracts verify, under oath, any requests for contract
21 conversions, substitutions, transfers, cancellations, refund
22 requests, or contract changes of any nature. Verification
23 shall be accomplished as authorized and provided for in s.
24 92.525(1)(a).
25 (d) The board shall administer the fund in a manner
26 that is sufficiently actuarially sound to defray the
27 obligations of the program. The board shall annually evaluate
28 or cause to be evaluated the actuarial soundness of the fund.
29 If the board perceives a need for additional assets in order
30 to preserve actuarial soundness, the board may adjust the
31
81
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 terms of subsequent advance payment contracts to ensure such
2 soundness.
3 (e) The board, acting with the approval of the State
4 Board of Administration, shall establish a comprehensive
5 investment plan for the purposes of this section. The
6 comprehensive investment plan shall specify the investment
7 policies to be utilized by the board in its administration of
8 the fund. The board may place assets of the fund in savings
9 accounts or use the same to purchase fixed or variable life
10 insurance or annuity contracts, securities, evidence of
11 indebtedness, or other investment products pursuant to the
12 comprehensive investment plan and in such proportions as may
13 be designated or approved under that plan. Such insurance,
14 annuity, savings, or investment products shall be underwritten
15 and offered in compliance with the applicable federal and
16 state laws, regulations, and rules by persons who are duly
17 authorized by applicable federal and state authorities.
18 Within the comprehensive investment plan, the board may
19 authorize investment vehicles, or products incident thereto,
20 as may be available or offered by qualified companies or
21 persons. A contract purchaser may not direct the investment of
22 his or her contribution to the trust fund, and a contract
23 beneficiary may not direct the contribution made on his or her
24 behalf to the trust fund. Board members and employees of the
25 board are not prohibited from purchasing advance payment
26 contracts by virtue of their fiduciary responsibilities as
27 members of the board or official duties as employees of the
28 board.
29 (s)(f) The board may Delegate responsibility for
30 administration of the comprehensive investment plan required
31 in paragraph (6)(c)(e) to a person the board determines to be
82
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 qualified. Such person shall be compensated by the board.
2 Directly or through such person, the board may contract with a
3 private corporation or institution to provide such services as
4 may be a part of the comprehensive investment plan or as may
5 be deemed necessary or proper by the board or such person,
6 including, but not limited to, providing consolidated billing,
7 individual and collective recordkeeping and accountings, and
8 asset purchase, control, and safekeeping.
9 (t) Endorse insurance coverage written exclusively for
10 the purpose of protecting advance payment contracts, and the
11 purchasers and beneficiaries thereof, which may be issued in
12 the form of a group life policy and which is exempt from the
13 provisions of part V of chapter 627.
14 (u) Solicit proposals and contract, pursuant to s.
15 287.057, for the services of a records administrator. The
16 goals of the board in selecting a records administrator shall
17 be to provide all purchasers with the most secure,
18 well-diversified, and beneficially administered postsecondary
19 education expense plan possible, to allow all qualified firms
20 interested in providing such services equal consideration, and
21 to provide such services to the state at no cost and to the
22 purchasers at the lowest cost possible. Evaluations of
23 proposals submitted pursuant to this paragraph shall include,
24 but not be limited to, the following criteria:
25 1. Fees and other costs charged to purchasers that
26 affect account values or operational costs related to the
27 program.
28 2. Past experience in records administration and
29 current ability to provide timely and accurate service in the
30 areas of records administration, audit and reconciliation,
31
83
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 plan communication, participant service, and complaint
2 resolution.
3 3. Sufficient staff and computer capability for the
4 scope and level of service expected by the board.
5 4. Financial history and current financial strength
6 and capital adequacy to provide administrative services
7 required by the board.
8 (v) Establish other policies, procedures, and criteria
9 to implement and administer the provisions of this section.
10 (g) The board shall annually prepare or cause to be
11 prepared a report setting forth in appropriate detail an
12 accounting of the fund and a description of the financial
13 condition of the program at the close of each fiscal year.
14 Such report shall be submitted to the President of the Senate,
15 the Speaker of the House of Representatives, and members of
16 the State Board of Education on or before March 31 each year.
17 In addition, the board shall make the report available to
18 purchasers of advance payment contracts. The board shall
19 provide to the Board of Regents and the State Board of
20 Community Colleges by March 31 each year complete advance
21 payment contract sales information including projected
22 postsecondary enrollments of qualified beneficiaries. The
23 accounts of the fund shall be subject to annual audits by the
24 Auditor General or his or her designee.
25 (8)(h) QUALIFIED STATE TUITION PROGRAM
26 STATUS.--Notwithstanding any other provision of this section,
27 the board may adopt rules necessary to enable the program to
28 retain its status as a "qualified state tuition prepaid
29 program" in order to maintain its tax exempt status or other
30 similar status of the program, purchasers, and qualified
31 beneficiaries under the Internal Revenue Code of 1986, as
84
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 defined in s. 220.03(1). The board shall inform purchasers of
2 changes to the tax or securities status of contracts purchased
3 through the program.
4 (i) The board shall solicit proposals for the
5 marketing of the Florida Prepaid Postsecondary Education
6 Expense Program pursuant to s. 287.057. The entity designated
7 pursuant to this paragraph shall serve as a centralized
8 marketing agent for the program and shall be solely
9 responsible for the marketing of the program. Any materials
10 produced for the purpose of marketing the program shall be
11 submitted to the board for review. No such materials shall be
12 made available to the public before the materials are approved
13 by the board. Any educational institution may distribute
14 marketing materials produced for the program; however, all
15 such materials shall have been approved by the board prior to
16 distribution. Neither the state nor the board shall be liable
17 for misrepresentation of the program by a marketing agent.
18 (j) The board may establish a direct-support
19 organization which is:
20 1. A Florida corporation, not for profit, incorporated
21 under the provisions of chapter 617 and approved by the
22 Secretary of State.
23 2. Organized and operated exclusively to receive,
24 hold, invest, and administer property and to make expenditures
25 to or for the benefit of the program.
26 3. An organization which the board, after review, has
27 certified to be operating in a manner consistent with the
28 goals of the program and in the best interests of the state.
29 Unless so certified, the organization may not use the name of
30 the program.
31
85
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 4. Subject to an annual postaudit by an independent
2 certified public accountant in accordance with rules
3 promulgated by the board. The annual audit shall be submitted
4 to the State Board of Administration and the Auditor General
5 for review. The State Board of Administration and Auditor
6 General shall have the authority to require and receive from
7 the organization or its independent auditor any detail or
8 supplemental data relative to the operation of the
9 organization. The identity of donors who desire to remain
10 anonymous shall be confidential and exempt from the provisions
11 of s. 119.07(1) and s. 24(a), Art. I of the State
12 Constitution, and such anonymity shall be maintained in the
13 auditor's report. Information received by the organization
14 that is otherwise confidential or exempt by law shall retain
15 such status. Any sensitive, personal information regarding
16 contract beneficiaries, including their identities, is exempt
17 from the provisions of s. 119.07(1) and s. 24(a), Art. I of
18 the State Constitution.
19
20 The chair of the board and the executive director shall be
21 directors of the direct-support organization and shall jointly
22 name three other individuals to serve as directors of the
23 organization.
24 (k) The board may endorse insurance coverage written
25 exclusively for the purpose of protecting advance payment
26 contracts, and the purchasers or beneficiaries thereof, which
27 may be issued in the form of a group life policy and which is
28 exempt from the provisions of part V of chapter 627.
29 (9) PREPAID COLLEGE PLANS.--At a minimum, the board
30 shall make advance payment contracts available for two
31 independent plans to be known as the community college plan
86
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 and the university plan. The board may also make advance
2 payment contracts available for a dormitory residence plan.
3 (a)1. 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 qualified
16 beneficiary shall be classified as a resident for tuition
17 purposes, pursuant to s. 240.1201, regardless of his or her
18 actual legal residence.
19 2. Effective July 1, 1998, the board may provide
20 advance payment contracts for additional fees delineated in s.
21 240.35, not to exceed the average number of hours required for
22 the conference of an associate degree, in conjunction with
23 advance payment contracts for registration fees. The cost of
24 purchasing such fees shall be based primarily on the average
25 current and projected fees within the State Community College
26 System and the number of years expected to elapse between the
27 purchase of the plan on behalf of the beneficiary and the
28 exercise of benefits provided in the plan by such beneficiary.
29 Community college plan contracts purchased prior to July 1,
30 1998, shall be limited to the payment of registration fees as
31 defined in subsection (2).
87
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 (b)1. Through the university plan, the advance payment
2 contract shall provide prepaid registration fees for a
3 specified number of undergraduate semester credit hours not to
4 exceed the average number of hours required for the conference
5 of a baccalaureate degree. The cost of participation in the
6 university plan shall be based primarily on the current and
7 projected registration fees within the State University System
8 and the number of years expected to elapse between the
9 purchase of the plan on behalf of a qualified beneficiary and
10 the exercise of the benefits provided in the plan by such
11 beneficiary. Qualified beneficiaries shall bear the cost of
12 any laboratory fees associated with enrollment in specific
13 courses. Each qualified beneficiary shall be classified as a
14 resident for tuition purposes pursuant to s. 240.1201,
15 regardless of his or her actual legal residence.
16 2. Effective July 1, 1998, the board may provide
17 advance payment contracts for additional fees delineated in s.
18 240.235(1), for a specified number of undergraduate semester
19 credit hours not to exceed the average number of hours
20 required for the conference of a baccalaureate degree, in
21 conjunction with advance payment contracts for registration
22 fees. Such contracts shall provide prepaid coverage for the
23 sum of such fees, to a maximum of 45 percent of the cost of
24 registration fees. The costs of purchasing such fees shall be
25 based primarily on the average current and projected cost of
26 these fees within the State University System and the number
27 of years expected to elapse between the purchase of the plan
28 on behalf of the qualified beneficiary and the exercise of the
29 benefits provided in the plan by such beneficiary. University
30 plan contracts purchased prior to July 1, 1998, shall be
31
88
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 limited to the payment of registration fees as defined in
2 subsection (2).
3 (c) Through the dormitory residence plan, the advance
4 payment contract may provide prepaid housing fees for a
5 maximum of 10 semesters of full-time undergraduate enrollment
6 in a state university. Dormitory residence plans shall be
7 purchased in increments of 2 semesters. The cost of
8 participation in the dormitory residence plan shall be based
9 primarily on the average current and projected housing fees
10 within the State University System and the number of years
11 expected to elapse between the purchase of the plan on behalf
12 of a qualified beneficiary and the exercise of the benefits
13 provided in the plan by such beneficiary. Qualified
14 beneficiaries shall have the highest priority in the
15 assignment of housing within university residence halls.
16 Qualified beneficiaries shall bear the cost of any additional
17 elective charges such as laundry service or long-distance
18 telephone service. Each state university may specify the
19 residence halls or other university-held residences eligible
20 for inclusion in the plan. In addition, any state university
21 may request immediate termination of a dormitory residence
22 contract based on a violation or multiple violations of rules
23 of the residence hall or other university-held residences. In
24 the event that sufficient housing is not available for all
25 qualified beneficiaries, the board shall refund the purchaser
26 or qualified beneficiary an amount equal to the fees charged
27 for dormitory residence during that semester. If a qualified
28 beneficiary fails to be admitted to a state university or
29 chooses to attend a community college that operates one or
30 more dormitories or residency opportunities, or has one or
31 more dormitories or residency opportunities operated by the
89
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 community college direct-support organization, the qualified
2 beneficiary may transfer or cause to have transferred to the
3 community college, or community college direct-support
4 organization, the fees associated with dormitory residence.
5 Dormitory fees transferred to the community college or
6 community college direct-support organization may not exceed
7 the maximum fees charged for state university dormitory
8 residence for the purposes of this section, or the fees
9 charged for community college or community college
10 direct-support organization dormitories or residency
11 opportunities, whichever is less.
12 (10) TRANSFER OF BENEFITS TO PRIVATE AND OUT-OF-STATE
13 COLLEGES AND UNIVERSITIES.--
14 (a) A qualified beneficiary may apply a community
15 college plan, university plan, or dormitory residence plan
16 toward any eligible independent college or university. An
17 independent college or university which is located and
18 chartered in Florida, is not for profit, is accredited by the
19 Commission on Colleges of the Southern Association of Colleges
20 and Schools or the Accrediting Commission of the Association
21 of Independent Colleges and Schools, and which confers degrees
22 as defined in s. 246.021, shall be eligible for such
23 application. The board shall transfer, or cause to have
24 transferred, to the eligible independent college or university
25 designated by the qualified beneficiary an amount not to
26 exceed the redemption value of the advance payment contract
27 within a state postsecondary institution. In the event that
28 the cost of registration or housing fees at the independent
29 college or university is less than the corresponding fees at a
30 state postsecondary institution, the amount transferred shall
31 not exceed the actual cost of registration or housing fees. No
90
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 transfer authorized pursuant to this paragraph shall exceed
2 the number of semester credit hours or semesters of dormitory
3 residence contracted on behalf of a qualified beneficiary.
4 (b) A qualified beneficiary may apply the benefits of
5 an advance payment contract toward an eligible out-of-state
6 college or university. An out-of-state college or university
7 which is not for profit and is accredited by a regional
8 accrediting association, and which confers baccalaureate
9 degrees, shall be eligible for such application. The board
10 shall transfer, or cause to have transferred, an amount not to
11 exceed the redemption value of the advance payment contract or
12 the original purchase price plus 5 percent compounded
13 interest, whichever is less, after assessment of a reasonable
14 transfer fee. In the event that the cost of registration or
15 housing fees charged the qualified beneficiary at the eligible
16 out-of-state college or university is less than this
17 calculated amount, the amount transferred shall not exceed the
18 actual cost of registration or housing fees. Any remaining
19 amount shall be transferred in subsequent semesters until the
20 transfer value is depleted. No transfer authorized pursuant to
21 this paragraph shall exceed the number of semester credit
22 hours or semesters of dormitory residence contracted on behalf
23 of a qualified beneficiary.
24 (11)(6)(a) ADVANCE PAYMENT CONTRACTS; CONTENTS.--The
25 board shall construct advance payment contracts for
26 registration and may construct advance payment contracts for
27 dormitory residence as provided in accordance with the
28 provisions of this section. Advance payment contracts
29 constructed for the purposes of this section shall be exempt
30 from the provisions of chapter 517 and the Florida Insurance
31 Code. The board may request assistance from the Department of
91
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 Legal Affairs in the development of the advance payment
2 contracts. The contents of both Such contracts shall include,
3 but not be limited to, the following:
4 (a)1. The amount of the payment or payments and the
5 number of payments required from a purchaser on behalf of a
6 qualified beneficiary.
7 (b)2. The terms and conditions under which purchasers
8 shall remit payments, including, but not limited to, the date
9 or dates upon which each payment shall be due.
10 (c)3. Provisions for late payment charges and for
11 default.
12 (d)4. Provisions for penalty fees for withdrawals from
13 the fund.
14 (e)5. Except for an advance payment contract entered
15 into pursuant to subsection (22) paragraph (5)(j), the name
16 and date of birth of the qualified beneficiary on whose behalf
17 the contract is drawn and the terms and conditions under which
18 another person may be substituted as the qualified
19 beneficiary.
20 (f)6. The name of any person who may terminate the
21 contract. The terms of the contract shall specify whether the
22 contract may be terminated by the purchaser, the qualified
23 beneficiary, a specific designated person, or any combination
24 of these persons.
25 (g)7. The terms and conditions under which a contract
26 may be terminated, modified, or converted, the name of the
27 person entitled to any refund due as a result of termination
28 of the contract pursuant to such terms and conditions, and the
29 amount of refund, if any, due to the person so named.
30
31
92
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 8. The time limitations, if any, within which the
2 qualified beneficiary must claim his or her benefits through
3 the program.
4 9. Other terms and conditions deemed by the board to
5 be necessary or proper.
6 (b) In addition to the provisions of paragraph (a), an
7 advance payment contract for registration shall include, but
8 not be limited to, the following:
9 (h)1. The number of semester credit hours or semesters
10 of dormitory residence contracted by the purchaser.
11 (i)2. The state postsecondary system toward which the
12 contracted credit hours or semesters of dormitory residence
13 will be applied.
14 (j)3. The assumption of a contractual obligation by
15 the board to the qualified beneficiary to provide for a
16 specified number of semester credit hours of undergraduate
17 instruction at a state postsecondary institution, not to
18 exceed the average number of credit hours required for the
19 conference of the degree that corresponds to the plan
20 purchased on behalf of the qualified beneficiary or to provide
21 for a specified number of semesters of dormitory residence,
22 not to exceed the number of semesters of full-time enrollment
23 required for the conference of a baccalaureate degree.
24 (k) Other terms and conditions deemed by the board to
25 be necessary or proper.
26 (c) In addition to the provisions of paragraph (a), an
27 advance payment contract for dormitory residence shall
28 include, but not be limited to, the following:
29 1. The number of semesters of dormitory residence
30 contracted by the purchaser.
31
93
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 2. The assumption of a contractual obligation by the
2 board to the qualified beneficiary to provide for a specified
3 number of semesters of dormitory residence at a state
4 university, not to exceed the maximum number of semesters of
5 full-time enrollment required for the conference of a
6 baccalaureate degree.
7 (12)(d) DURATION OF BENEFITS; ADVANCE PAYMENT
8 CONTRACT.--An advance payment contract may provide that
9 contracts which have not been terminated or the benefits
10 exercised within a specified period of time shall be
11 considered terminated. Time expended by a qualified
12 beneficiary as an active duty member of any of the armed
13 services of the United States shall be added to the period of
14 time specified pursuant to this subsection paragraph. No
15 purchaser or qualified beneficiary whose advance payment
16 contract is terminated pursuant to this subsection paragraph
17 shall be entitled to a refund. The board shall retain any
18 moneys paid by the purchaser for an advance payment contract
19 that has been terminated in accordance with this subsection
20 paragraph. Such moneys retained by the board are exempt from
21 chapter 717, and such retained moneys must be used by the
22 board to further the purposes of this section.
23 (13) REFUNDS.--
24 (a)(e)1. Except as provided in paragraphs (b) and (c),
25 no refund provided pursuant to subparagraph (a)7. shall exceed
26 the amount paid into the fund by the purchaser. In the event
27 that an advance payment contract is converted from a
28 university to a community college registration plan, the
29 refund amount shall be reduced by the amount transferred to a
30 community college on behalf of the qualified beneficiary.
31
94
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 However, refunds may exceed the amount paid into the fund in
2 the following circumstances:
3 (b)a. If the beneficiary is awarded a scholarship, the
4 terms of which cover the benefits included in the advance
5 payment contracts, moneys paid for the purchase of the advance
6 payment contracts shall be returned to the purchaser in
7 semester installments coinciding with the matriculation by the
8 beneficiary in amounts of either the original purchase price
9 plus 5 percent compounded interest, or the current rates at
10 state postsecondary institutions, whichever is less.
11 (c)b. In the event of the death or total disability of
12 the beneficiary, moneys paid for the purchase of advance
13 payment contracts shall be returned to the purchaser together
14 with 5 percent compounded interest, or the current rates at
15 state postsecondary institutions, whichever is less.
16 (d)c. If an advance payment contract is converted from
17 one registration plan to a plan of lesser value a university
18 plan to a community college plan or a community college plus
19 university plan, or is converted from a community college plus
20 university plan to a community college plan, the amount
21 refunded shall not exceed the difference between the amount
22 paid for the original contract and the amount that would have
23 been paid for the contract to which the plan is converted had
24 the converted plan been purchased under the same payment plan
25 at the time the original advance payment contract was
26 executed.
27 (e)2. No refund shall be authorized through an advance
28 payment contract for any school year partially attended but
29 not completed. For purposes of this section, a school year
30 partially attended but not completed shall mean any one
31 semester whereby the student is still enrolled at the
95
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 conclusion of the official drop-add period, but withdraws
2 before the end of such semester. If a beneficiary does not
3 complete a community college plan or university plan for
4 reasons other than specified in paragraph (c) subparagraph 1.,
5 the purchaser shall receive a refund of the amount paid into
6 the fund for the remaining unattended years of the advance
7 payment contract pursuant to rules promulgated by the board.
8 (14)(f) CONFIDENTIALITY OF ACCOUNT
9 INFORMATION.--Information that identifies the purchasers or
10 beneficiaries of any plan promulgated under this section and
11 their advance payment account activities is exempt from the
12 provisions of s. 119.07(1). However, the board may authorize
13 the program's records administrator to release such
14 information to a community college, college, or university in
15 which a beneficiary may enroll or is enrolled. Community
16 colleges, colleges, and universities shall maintain such
17 information as exempt from the provisions of s. 119.07(1).
18 (7) At a minimum, the board shall make advance payment
19 contracts available for two independent plans to be known as
20 the community college plan and the university plan. The board
21 may also make advance payment contracts available for a
22 dormitory residence plan.
23 (a) Through the community college plan, the advance
24 payment contract shall provide prepaid registration fees for a
25 specified number of undergraduate semester credit hours not to
26 exceed the average number of hours required for the conference
27 of an associate degree. The cost of participation in the
28 community college plan shall be based primarily on the average
29 current and projected registration fees within the State
30 Community College System and the number of years expected to
31 elapse between the purchase of the plan on behalf of a
96
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 qualified beneficiary and the exercise of the benefits
2 provided in the plan by such beneficiary. Qualified
3 beneficiaries shall bear the cost of any laboratory fees
4 associated with enrollment in specific courses. Each
5 qualified beneficiary shall be classified as a resident for
6 tuition purposes pursuant to s. 240.1201 regardless of his or
7 her actual legal residence.
8 (b) Through the university plan, the advance payment
9 contract shall provide prepaid registration fees for a
10 specified number of undergraduate semester credit hours not to
11 exceed the average number of hours required for the conference
12 of a baccalaureate degree. The cost of participation in the
13 university plan shall be based primarily on the current and
14 projected registration fees within the State University System
15 and the number of years expected to elapse between the
16 purchase of the plan on behalf of a qualified beneficiary and
17 the exercise of the benefits provided in the plan by such
18 beneficiary. Qualified beneficiaries shall bear the cost of
19 any laboratory fees associated with enrollment in specific
20 courses. In the event that a qualified beneficiary fails to
21 be admitted to a state university or chooses to attend a
22 community college, the qualified beneficiary may convert the
23 average number of semester credit hours required for the
24 conference of an associate degree from a university plan to a
25 community college plan and may retain the remaining semester
26 credit hours in the university plan or may request a refund
27 for prepaid credit hours in excess of the average number of
28 semester credit hours required for the conference of an
29 associate degree pursuant to subparagraph (6)(a)7. Each
30 qualified beneficiary shall be classified as a resident for
31
97
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 tuition purposes pursuant to s. 240.1201 regardless of his or
2 her actual legal residence.
3 (c) Through the dormitory residence plan, the advance
4 payment contract may provide prepaid housing fees for a
5 maximum of 10 semesters of full-time undergraduate enrollment
6 in a state university. Dormitory residence plans shall be
7 purchased in increments of 2 semesters. The cost of
8 participation in the dormitory residence plan shall be based
9 primarily on the average current and projected housing fees
10 within the State University System and the number of years
11 expected to elapse between the purchase of the plan on behalf
12 of a 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 additional elective
15 charges such as laundry service or long-distance telephone
16 service. Each state university may specify the residence
17 halls or other university-held residences eligible for
18 inclusion in the plan. In addition, any state university may
19 request immediate termination of a dormitory residence
20 contract based on a violation or multiple violations of rules
21 of the residence hall or other university-held residences.
22 Qualified beneficiaries shall have the highest priority in the
23 assignment of housing within university residence halls. In
24 the event that sufficient housing is not available for all
25 qualified beneficiaries, the board shall refund the purchaser
26 or qualified beneficiary an amount equal to the fees charged
27 for dormitory residence during that semester. If a qualified
28 beneficiary fails to be admitted to a state university or
29 chooses to attend a community college that operates one or
30 more dormitories or residency opportunities, or has one or
31 more dormitories or residency opportunities operated by the
98
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 community college direct-support organization, the qualified
2 beneficiary may transfer or cause to have transferred to the
3 community college, or community college direct-support
4 organization, the fees associated with dormitory residence.
5 Dormitory fees transferred to the community college or
6 community college direct-support organization may not exceed
7 the maximum fees charged for state university dormitory
8 residence for the purposes of this section, or the fees
9 charged for community college or community college
10 direct-support organization dormitories or residency
11 opportunities, whichever is less.
12 (d) A qualified beneficiary may apply a community
13 college plan, university plan, or dormitory residence plan
14 toward any eligible independent college or university. An
15 independent college or university which is located and
16 chartered in Florida, is not for profit, is accredited by the
17 Commission on Colleges of the Southern Association of Colleges
18 and Schools or the Accrediting Commission of the Association
19 of Independent Colleges and Schools, and which confers degrees
20 as defined in s. 246.021 shall be eligible for such
21 application. The board shall transfer or cause to have
22 transferred to the eligible independent college or university
23 designated by the qualified beneficiary an amount not to
24 exceed the redemption value of the advance payment contract
25 within a state postsecondary institution. In the event that
26 the cost of registration or housing fees at the independent
27 college or university is less than the corresponding fees at a
28 state postsecondary institution, the amount transferred shall
29 not exceed the actual cost of registration or housing fees.
30 No transfer authorized pursuant to this paragraph shall exceed
31
99
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 the number of semester credit hours or semesters of dormitory
2 residence contracted on behalf of a qualified beneficiary.
3 (e) A qualified beneficiary may apply the benefits of
4 an advance payment contract toward an eligible out-of-state
5 college or university. An out-of-state college or university
6 which is not for profit, is accredited by a regional
7 accrediting association, and which confers baccalaureate
8 degrees shall be eligible for such application. The board
9 shall transfer, or cause to have transferred, an amount not to
10 exceed the redemption value of the advance payment contract or
11 the original purchase price plus 5 percent compounded
12 interest, whichever is less, after assessment of a reasonable
13 transfer fee. In the event that the cost of registration or
14 housing fees charged the qualified beneficiary at the eligible
15 out-of-state college or university is less than this
16 calculated amount, the amount transferred shall not exceed the
17 actual cost of registration or housing fees. Any remaining
18 amount shall be transferred in subsequent semesters until the
19 transfer value is depleted. No transfer authorized pursuant
20 to this paragraph shall exceed the number of semester credit
21 hours or semesters of dormitory residence contracted on behalf
22 of a qualified beneficiary.
23 (8) The board shall solicit proposals for the
24 operation of the Florida Prepaid Postsecondary Education
25 Expense Program pursuant to s. 287.057, through which the
26 board shall contract for the services of a records
27 administrator, a trustee services firm, and one or more
28 product providers.
29 (a) The records administrator shall be the entity
30 designated by the board to conduct the daily operations of the
31 program on behalf of the board. The goals of the board in
100
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 selecting a records administrator shall be to provide all
2 purchasers with the most secure, well-diversified, and
3 beneficially administered postsecondary education expense plan
4 possible, to allow all qualified firms interested in providing
5 such services equal consideration, and to provide such
6 services to the state at no cost and to the purchasers at the
7 lowest cost possible. Evaluations of proposals submitted
8 pursuant to this paragraph shall include, but not be limited
9 to, the following criteria:
10 1. Fees and other costs charged to purchasers that
11 affect account values or operational costs related to the
12 program.
13 2. Past experience in records administration and
14 current ability to provide timely and accurate service in the
15 areas of records administration, audit and reconciliation,
16 plan communication, participant service, and complaint
17 resolution.
18 3. Sufficient staff and computer capability for the
19 scope and level of service expected by the board.
20 4. Financial history and current financial strength
21 and capital adequacy to provide administrative services
22 required by the board.
23 (b) The trustee services firm shall be the entity
24 designated by the board to select and supervise investment
25 programs on behalf of the board. The goals of the board in
26 selecting a trustee services firm shall be to obtain the
27 highest standards of professional trustee services, to allow
28 all qualified firms interested in providing such services
29 equal consideration, and to provide such services to the state
30 at no cost and to the purchasers at the lowest cost possible.
31 The trustee services firm shall agree to meet the obligations
101
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 of the board to qualified beneficiaries if moneys in the fund
2 fail to offset the obligations of the board as a result of
3 imprudent selection or supervision of investment programs by
4 such firm. Evaluations of proposals submitted pursuant to
5 this paragraph shall include, but not be limited to, the
6 following criteria:
7 1. Adequacy of trustee services for supervision and
8 management of the program, including current operations and
9 staff organization and commitment of management to the
10 proposal.
11 2. Capability to execute program responsibilities
12 within time and regulatory constraints.
13 3. Past experience in trustee services and current
14 ability to maintain regular and continuous interactions with
15 the board, records administrator, and product provider.
16 4. The minimum purchaser participation assumed within
17 the proposal and any additional requirements of purchasers.
18 5. Adequacy of technical assistance and services
19 proposed for staff.
20 6. Adequacy of a management system for evaluating and
21 improving overall trustee services to the program.
22 7. Adequacy of facilities, equipment, and electronic
23 data processing services.
24 8. Detailed projections of administrative costs,
25 including the amount and type of insurance coverage, and
26 detailed projections of total costs.
27 (c)1. The product providers shall be the entities
28 designated by the board to develop investment portfolios on
29 behalf of the board to achieve the purposes of this section.
30 Product providers shall be limited to authorized insurers as
31 defined in s. 624.09, banks as defined in s. 658.12,
102
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 associations as defined in s. 665.012, authorized Securities
2 and Exchange Commission investment advisers, and investment
3 companies as defined in the Investment Company Act of 1940.
4 All product providers shall have their principal place of
5 business and corporate charter located and registered in the
6 United States. In addition, each product provider shall agree
7 to meet the obligations of the board to qualified
8 beneficiaries if moneys in the fund fail to offset the
9 obligations of the board as a result of imprudent investing by
10 such provider. Each authorized insurer shall evidence superior
11 performance overall on an acceptable level of surety in
12 meeting its obligations to its policyholders and other
13 contractual obligations. Only qualified public depositories
14 approved by the State Insurance Commissioner and Treasurer
15 shall be eligible for board consideration. Each investment
16 company shall provide investment plans as specified within the
17 request for proposals.
18 2. The goals of the board in selecting a product
19 provider company shall be to provide all purchasers with the
20 most secure, well-diversified, and beneficially administered
21 postsecondary education expense plan possible, to allow all
22 qualified firms interested in providing such services equal
23 consideration, and to provide such services to the state at no
24 cost and to the purchasers at the lowest cost possible.
25 Evaluations of proposals submitted pursuant to this paragraph
26 shall include, but not be limited to, the following criteria:
27 a. Fees and other costs charged to purchasers that
28 affect account values or operational costs related to the
29 program.
30 b. Past and current investment performance, including
31 investment and interest rate history, guaranteed minimum rates
103
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 of interest, consistency of investment performance, and any
2 terms and conditions under which moneys are held.
3 c. Past experience and ability to provide timely and
4 accurate service in the areas of records administration,
5 benefit payments, investment management, and complaint
6 resolution.
7 d. Financial history and current financial strength
8 and capital adequacy to provide products, including operating
9 procedures and other methods of protecting program assets.
10 (15)(9) OBLIGATIONS OF BOARD; PAYMENT.--The state
11 shall 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. The Legislature shall appropriate to
14 the Florida Prepaid College Postsecondary Education Expense
15 Trust Fund the amount necessary to meet the obligations of the
16 board to qualified beneficiaries.
17 (16)(10) ASSETS OF THE FUND; EXPENDITURE
18 PRIORITY.--The assets of the fund shall be maintained,
19 invested, and expended solely for the purposes of this section
20 and shall not be loaned, transferred, or otherwise used by the
21 state for any purpose other than the purposes of this section.
22 This subsection shall not be construed to prohibit the board
23 from investing in, by purchase or otherwise, bonds, notes, or
24 other obligations of the state or an agency or instrumentality
25 of the state. Unless otherwise specified by the board, assets
26 of the fund shall be expended in the following order of
27 priority:
28 (a) To make payments to state postsecondary
29 institutions on behalf of qualified beneficiaries.
30 (b) To make refunds upon termination of advance
31 payment contracts.
104
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 (c) To pay the costs of program administration and
2 operations.
3 (17)(11) EXEMPTION FROM CLAIMS OF CREDITORS.--Moneys
4 paid into or out of the fund by or on behalf of a purchaser or
5 qualified beneficiary of an advance payment contract made
6 under this section, which contract has not been terminated,
7 are exempt, as provided by s. 222.22, from all claims of
8 creditors of the purchaser or the beneficiary. Neither moneys
9 paid into the program nor benefits accrued through the program
10 may be pledged for the purpose of securing a loan.
11 (18)(12) PAYROLL DEDUCTION AUTHORITY.--The state or
12 any state agency, county, municipality, or other political
13 subdivision may, by contract or collective bargaining
14 agreement, agree with any employee to remit payments toward
15 advance payment contracts through payroll deductions made by
16 the appropriate officer or officers of the state, state
17 agency, county, municipality, or political subdivision. Such
18 payments shall be held and administered in accordance with
19 this section.
20 (19)(13) DISCLAIMER.--Nothing in this section shall be
21 construed as a promise or guarantee that a qualified
22 beneficiary will be admitted to a state postsecondary
23 institution or to a particular state postsecondary
24 institution, will be allowed to continue enrollment at a state
25 postsecondary institution after admission, or will be
26 graduated from a state postsecondary institution.
27 (20)(14) PROGRAM TERMINATION.--In the event that the
28 state determines the program to be financially infeasible, the
29 state may discontinue the provision of the program. Any
30 qualified beneficiary who has been accepted by and is enrolled
31 or is within 5 years of enrollment in an eligible independent
105
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 college or university or state postsecondary institution shall
2 be entitled to exercise the complete benefits for which he or
3 she has contracted. All other contract holders shall receive
4 a refund, pursuant to subparagraph (6)(a)7., of the amount
5 paid in and an additional amount in the nature of interest at
6 a rate that corresponds, at a minimum, to the prevailing
7 interest rates for savings accounts provided by banks and
8 savings and loan associations.
9 (21) ANNUAL REPORT.--The board shall annually prepare
10 or cause to be prepared a report setting forth in appropriate
11 detail an accounting of the fund and a description of the
12 financial condition of the program at the close of each fiscal
13 year. Such report shall be submitted to the President of the
14 Senate, the Speaker of the House of Representatives, and
15 members of the State Board of Education on or before March 31
16 each year. In addition, the board shall make the report
17 available to purchasers of advance payment contracts. The
18 board shall provide to the Board of Regents and the State
19 Board of Community Colleges, by March 31 each year, complete
20 advance payment contract sales information, including
21 projected postsecondary enrollments of qualified
22 beneficiaries. The accounts of the fund shall be subject to
23 annual audits by the Auditor General or his or her designee.
24 (22) DIRECT-SUPPORT ORGANIZATION; AUTHORITY.--
25 (a) The board may establish a direct-support
26 organization which is:
27 1. A Florida corporation, not for profit, incorporated
28 under the provisions of chapter 617 and approved by the
29 Secretary of State.
30
31
106
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 2. Organized and operated exclusively to receive,
2 hold, invest, and administer property and to make expenditures
3 to or for the benefit of the program.
4 3. An organization which the board, after review, has
5 certified to be operating in a manner consistent with the
6 goals of the program and in the best interests of the state.
7 Unless so certified, the organization may not use the name of
8 the program.
9 4. Subject to an annual postaudit by an independent
10 certified public accountant in accordance with rules
11 promulgated by the board. The annual audit shall be submitted
12 to the State Board of Administration and the Auditor General
13 for review. The State Board of Administration and Auditor
14 General shall have the authority to require and receive from
15 the organization or its independent auditor any detail or
16 supplemental data relative to the operation of the
17 organization. The identity of donors who desire to remain
18 anonymous shall be confidential and exempt from the provisions
19 of s. 119.07(1) and s. 24(a), Art. I of the State
20 Constitution, and such anonymity shall be maintained in the
21 auditor's report. Information received by the organization
22 that is otherwise confidential or exempt by law shall retain
23 such status. Any sensitive, personal information regarding
24 contract beneficiaries, including their identities, is exempt
25 from the provisions of s. 119.07(1) and s. 24(a), Art. I of
26 the State Constitution.
27 (b) The chair and the executive director of the board
28 shall be directors of the direct-support organization and
29 shall jointly name three other individuals to serve as
30 directors of the organization.
31
107
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 Section 50. Section 222.22, Florida Statutes, is
2 amended to read:
3 222.22 Exemption of moneys in the Prepaid
4 Postsecondary Education Expense Trust Fund from legal
5 process.--Moneys paid into or out of the Florida Prepaid
6 College Postsecondary Education Expense Trust Fund by or on
7 behalf of a purchaser or qualified beneficiary pursuant to an
8 advance payment contract made under s. 240.551, which contract
9 has not been terminated, are not liable to attachment,
10 garnishment, or legal process in the state in favor of any
11 creditor of the purchaser or beneficiary of such advance
12 payment contract.
13 Section 51. Subsection (2) of section 732.402, Florida
14 Statutes, is amended to read:
15 732.402 Exempt property.--
16 (2) Exempt property shall consist of:
17 (a) Household furniture, furnishings, and appliances
18 in the decedent's usual place of abode up to a net value of
19 $10,000 as of the date of death.; and
20 (b) All automobiles held in the decedent's name and
21 regularly used by the decedent or members of the decedent's
22 immediate family as their personal automobiles.
23 (c) Florida Prepaid College Program contracts
24 purchased pursuant to s. 240.551.
25 Section 52. For the purpose of incorporating the
26 amendment to s. 732.402, Florida Statutes, in references
27 thereto, subsection (13) of section 731.201 and subsection (1)
28 of section 735.301, Florida Statutes, are reenacted to read:
29 731.201 General definitions.--Subject to additional
30 definitions in subsequent chapters that are applicable to
31
108
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 specific chapters or parts, and unless the context otherwise
2 requires, in this code and chapters 737, 738, and 744:
3 (13) "Exempt property" means the property of a
4 decedent's estate which is described in s. 732.402.
5 735.301 Disposition without administration.--
6 (1) No administration shall be required or formal
7 proceedings instituted upon the estate of a decedent leaving
8 only personal property exempt under the provisions of s.
9 732.402, personal property exempt from the claims of creditors
10 under the Constitution of Florida, and nonexempt personal
11 property the value of which does not exceed the sum of the
12 amount of preferred funeral expenses and reasonable and
13 necessary medical and hospital expenses of the last 60 days of
14 the last illness.
15 Section 53. Effective January 1, 1999, section
16 240.207, Florida Statutes, is amended to read:
17 240.207 Board of Regents; appointment of members;
18 qualifications and terms of office.--
19 (1) The Board of Regents shall consist of the
20 Commissioner of Education and 13 12 citizens of this state who
21 shall be selected from the state at large, representative of
22 the geographical areas of the state; who shall have been
23 residents and citizens thereof for a period of at least 10
24 years prior to their appointment (one of whom shall be a
25 member registered as a full-time student in the State
26 University System and who shall have been a resident of this
27 state for at least 5 years prior to appointment in lieu of the
28 10 years required of other members); and who shall be
29 appointed by the Governor, approved by three members of the
30 Cabinet, and confirmed by the Senate. However, no appointee
31 shall take office until after his or her appointment has been
109
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 approved by three members of the Cabinet. The State Board of
2 Education shall develop rules and procedures for review and
3 approval of the appointees. Except for the Commissioner of
4 Education and except for the full-time student member, who
5 shall serve for 1 year, the terms of office for the members of
6 the Board of Regents appointed after the effective date of
7 this act shall be 4 6 years and until their successors are
8 appointed and qualified, except in case of an appointment to
9 fill a vacancy, in which case the appointment shall be for the
10 unexpired term, and except as in this section otherwise
11 provided. No member shall be selected from any county to
12 serve with any other member from the same county, except that
13 not more than two members may be selected from a county which
14 has a population in excess of 900,000, and with the exceptions
15 of the student member, who shall be selected at large, and the
16 Commissioner of Education. The Governor shall fill all
17 vacancies, subject to the above approval and confirmation,
18 that may at any time occur on the board.
19 (2) Members may be removed for cause at any time upon
20 the concurrence of a majority of the members of the State
21 Board of Education.
22 (3) To create an orderly succession of Regents and the
23 appointment of two Regents each year, one additional Regent
24 shall be appointed in 1991 to serve a 6-year term, and one
25 additional Regent shall be appointed in 1992 to serve a 6-year
26 term. For the four seats with terms ending in 1993, the
27 Governor shall make one appointment for a 3-year term and two
28 appointments for regular 6-year terms. For 1 year, from
29 January 1992 to January 1993, there shall be a total of 15
30 Regents. All the members of the Board of Regents serving on
31
110
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 May 3, 1991, shall complete their regular terms, as prescribed
2 by the Secretary of State.
3 Section 54. Subsections (2) and paragraphs (b) and (e)
4 of subsection (3) of section 240.209, Florida Statutes, are
5 amended to read:
6 240.209 Board of Regents; powers and duties.--
7 (2) The Board of Regents shall appoint a Chancellor to
8 serve at its pleasure who shall perform such duties as are
9 assigned to him or her by the board. The board shall fix the
10 compensation and other conditions of employment for the
11 Chancellor. The board shall also provide for the compensation
12 and other conditions of employment for employees necessary to
13 assist the board and the Chancellor in the performance of
14 their duties. The Chancellor shall be the chief administrative
15 officer of the board and shall be responsible for appointing
16 all employees of the board who shall serve under his or her
17 direction and control. The Chancellor must shall be a person
18 qualified by training and experience to understand the
19 problems and needs of the state in the field of postsecondary
20 education. Search committee activities for the selection of
21 the Chancellor up to the point of transmitting a list of
22 nominees to the Board of Regents shall be confidential and
23 exempt from the provisions of ss. 119.07(1) and 286.011.
24 (3) The board shall:
25 (b) Appoint or remove the president of each university
26 in accordance with procedures and rules adopted by the Board
27 of Regents. The board may appoint a search committee to
28 assist in evaluating presidential candidates. Each appointment
29 of a university president shall be conducted in accordance
30 with the provisions of ss. 119.07 and 286.011. The board shall
31 determine the compensation and other conditions of employment
111
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 for each president. The board shall not provide a tenured
2 faculty appointment to any president who is removed through
3 termination by the board or resignation tendered at the
4 request of the board.
5 (e) Establish student fees.
6 1. By no later than December 1 of each year, the board
7 shall raise the systemwide standard for resident undergraduate
8 matriculation and financial aid fees for the subsequent fall
9 term, up to but no more than 25 percent of the prior year's
10 cost of undergraduate programs. In implementing this
11 paragraph, fees charged for graduate, medical, veterinary, and
12 dental programs may be increased by the Board of Regents in
13 the same percentage as the increase in fees for resident
14 undergraduates. However, in the absence of legislative action
15 to the contrary in an appropriations act, the board may not
16 approve annual fee increases for resident students in excess
17 of 10 percent. The sum of nonresident student matriculation
18 and tuition fees must be sufficient to defray the full cost of
19 undergraduate education. Graduate, medical, veterinary, and
20 dental fees charged to nonresidents may be increased by the
21 board in the same percentage as the increase in fees for
22 nonresident undergraduates. However, in implementing this
23 policy and in the absence of legislative action to the
24 contrary in an appropriations act, annual fee increases for
25 nonresident students may not exceed 25 percent. In the absence
26 of legislative action to the contrary in the General
27 Appropriations Act, the fees shall go into effect for the
28 following fall term.
29 2. When the appropriations act requires a new fee
30 schedule, the board shall establish a systemwide standard fee
31 schedule required to produce the total fee revenue established
112
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 in the appropriations act based on the product of the assigned
2 enrollment and the fee schedule. The board may approve the
3 expenditure of any fee revenues resulting from the product of
4 the fee schedule adopted pursuant to this section and the
5 assigned enrollment.
6 3. Upon provision of authority in a General
7 Appropriations Act to spend revenue raised pursuant to this
8 section, the board shall approve a university request to
9 implement a matriculation and out-of-state tuition fee
10 schedule which is calculated to generate revenue which varies
11 no more than 10 percent from the standard fee revenues
12 authorized through an appropriations act. In implementing an
13 alternative fee schedule, the increase in cost to a student
14 taking 15 hours in one term shall be limited to 5 percent.
15 Matriculation and out-of-state tuition fee revenues generated
16 as a result of this provision are to be expended for
17 implementing a plan for achieving accountability goals adopted
18 pursuant to s. 240.214(2) and for implementing a Board of
19 Regents-approved plan to contain student costs by reducing the
20 time necessary for graduation without reducing the quality of
21 instruction. The plans shall be recommended by a
22 universitywide committee, at least one-half of whom are
23 students appointed by the student body president. A
24 chairperson, appointed jointly by the university president and
25 the student body president, shall vote only in the case of a
26 tie.
27 4. The board is authorized to collect for financial
28 aid purposes an amount not to exceed 5 percent of the student
29 tuition and matriculation fee per credit hour. The revenues
30 from fees are to remain at each campus and replace existing
31 financial aid fees. Such funds shall be disbursed to students
113
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 as quickly as possible. The board shall specify specific
2 limits on the percent of the fees collected in a fiscal year
3 which may be carried forward unexpended to the following
4 fiscal year. A minimum of 50 percent of funds from the student
5 financial aid fee shall be used to provide financial aid based
6 on absolute need. A student who has received an award prior to
7 July 1, 1984, shall have his or her eligibility assessed on
8 the same criteria that was used at the time of his or her
9 original award.
10 5. The board may recommend to the Legislature an
11 appropriate systemwide standard matriculation and tuition fee
12 schedule.
13 6. The Education and General Student and Other Fees
14 Trust Fund is hereby created, to be administered by the
15 Department of Education. Funds shall be credited to the trust
16 fund from student fee collections and other miscellaneous fees
17 and receipts. The purpose of the trust fund is to support the
18 instruction and research missions of the State University
19 System. Notwithstanding the provisions of s. 216.301, and
20 pursuant to s. 216.351, any balance in the trust fund at the
21 end of any fiscal year shall remain in the trust fund and
22 shall be available for carrying out the purposes of the trust
23 fund.
24 Section 55. Section 240.136, Florida Statutes, is
25 created to read:
26 240.136 Suspension and removal from office of elected
27 student government officials; referendum.--Each state
28 university and community college student government
29 association shall establish a process within 60 days of this
30 act becoming a law to provide for the removal from office of
31 any elected student government official who has been convicted
114
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 4259, Second Engrossed
1 of a violation of criminal law or has been found civilly
2 liable for an act of moral turpitude, after all available
3 rights of judicial appeal have been exercised or waived or
4 have expired. The process shall include a procedure for the
5 immediate suspension of the student government official from
6 elected office following the conviction or civil finding and
7 during any appeal, and shall provide for the temporary
8 successor to the subject office pending completion of any
9 appeal. The process must also include a procedure for
10 registered students to petition for a referendum recommending
11 to the student government association the removal of a student
12 official from elected office. The referendum must be held
13 within 60 days of filing of the petition. The recommendation
14 to remove the subject official from elected office shall be
15 made by majority vote of the students participating in the
16 referendum. The action of a student government association
17 under this section shall be subject to an appeal to the
18 university or community college president or designee.
19 Section 56. Except as otherwise provided in this act,
20 this act shall take effect July 1, 1998.
21
22
23
24
25
26
27
28
29
30
31
115