House Bill 4693

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    Florida House of Representatives - 1998                HB 4693

        By Representative Wise






  1                      A bill to be entitled

  2         An act relating to student grants; amending s.

  3         240.409, F.S.; authorizing eligibility

  4         determination and grant distribution for the

  5         Florida Public Student Assistance Grant Program

  6         to be conducted by the receiving institution;

  7         specifying a dollar value range for grant

  8         awards; amending s. 240.4095, F.S.; authorizing

  9         eligibility determination and grant

10         distribution for the Florida Private Student

11         Assistance Grant Program to be conducted by the

12         receiving institution; specifying a dollar

13         value range for grant awards; amending s.

14         240.4097, F.S.; authorizing eligibility

15         determination and grant distribution for the

16         Florida Postsecondary Student Assistance Grant

17         Program to be conducted by the receiving

18         institution; specifying a dollar value range

19         for grant awards; providing an effective date.

20

21  Be It Enacted by the Legislature of the State of Florida:

22

23         Section 1.  Section 240.409, Florida Statutes, is

24  amended to read:

25         240.409  Florida Public Student Assistance Grant

26  Program; eligibility for grants.--

27         (1)  There is hereby created a Florida Public Student

28  Assistance Grant Program to be administered by the

29  participating institutions Department of Education in

30  accordance with rules of the state board.

31

                                  1

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    Florida House of Representatives - 1998                HB 4693

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  1         (2)(a)  State student assistance grants through the

  2  program may be made only to full-time degree-seeking students

  3  enrolled for a minimum of 6 credit hours who meet the general

  4  requirements for student eligibility as provided in s.

  5  240.404, except as otherwise provided in this section.  Such

  6  grants shall be awarded annually for the amount of

  7  demonstrated unmet need for the cost of education and may not

  8  exceed an amount equal to the weighted average prior academic

  9  year cost of tuition and matriculation fees for 30 credit

10  hours at state universities or such other amount as specified

11  in the General Appropriations Act, to any recipient.  A

12  demonstrated unmet need of less than $200 shall render the

13  applicant ineligible for a state student assistance grant.

14  Recipients of such grants must have been accepted at a state

15  university or community college authorized by Florida law.  No

16  student may receive an award for more than the equivalent of 9

17  semesters or 14 quarters in a period of not more than 6

18  consecutive years, except as otherwise provided in s.

19  240.404(3).

20         (b)  A student applying for a Florida public student

21  assistance grant shall be required to apply for the Pell

22  Grant. The Pell Grant entitlement shall be considered by the

23  department when conducting an assessment of the financial

24  resources available to each student.

25         (c)  The criteria and procedure for establishing

26  standards of eligibility shall be determined by the

27  department.  The department is directed to establish a rating

28  system upon which to base the approval of grants, and such

29  system shall include a certification of acceptability by the

30  state university or community college of the applicant's

31  choice and the use of a nationally recognized system of need

                                  2

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  1  analysis.  Priority in the distribution of grant moneys shall

  2  be given to students with the lowest total family resources,

  3  in accordance with a nationally recognized system of need

  4  analysis as determined pursuant to this subsection, taking

  5  into consideration the receipt of Pell Grants and student

  6  contributions to educational costs.

  7         (d)  Each participating institution shall report, to

  8  the department by the established date, the eligible students

  9  to whom grant moneys are disbursed each academic term. Each

10  institution shall also report to the department necessary

11  demographic and eligibility data for such students. The

12  department is directed to establish, for fall enrollment, an

13  initial application deadline for students attending all

14  eligible institutions and an additional application deadline

15  for community college applicants who apply after the initial

16  application deadline.  The second community college deadline

17  shall be at the close of each institution's drop-add period.

18  The department shall reserve an amount to be designated

19  annually in the General Appropriations Act for the purpose of

20  providing awards to community college students who apply for a

21  student assistance grant after the initial application

22  deadline.  Community college applicants who apply during the

23  initial application period and are eligible to receive an

24  award, but do not receive an award because of insufficient

25  funds, shall have their applications reconsidered with those

26  community college applicants who apply after the initial

27  application deadline.  The provisions of this paragraph shall

28  take effect beginning with the 1990-1991 academic year.

29         (3)  Based on the unmet financial need of an eligible

30  applicant, the full amount of a Florida public student

31  assistance grant must be between $200 and the weighted average

                                  3

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  1  of the cost of tuition and matriculation fees for 30 credit

  2  hours at state universities $1,500 per academic year or the

  3  amount specified in the General Appropriations Act. Students

  4  enrolled for 6 to 8 credit hours may receive up to one-half of

  5  the maximum award, students enrolled for 9 to 11 credit hours

  6  may receive up to three-fourths of the maximum award, and

  7  students enrolled for 12 or more credit hours may receive up

  8  to the full award. When funds are not sufficient to make full

  9  awards to all eligible applicants, the department shall reduce

10  the amount of each recipient's grant award pro rata.  For any

11  year in which a pro rata grant reduction is necessary, such

12  adjustment shall be made by reducing the second semester or

13  the second and third quarter award disbursements to grant

14  recipients.  In each such instance, institutions shall notify

15  students of award adjustments.

16         (4)  In the event that a Florida public student

17  assistance grant recipient transfers from one institution

18  eligible under this section, s. 240.4095, or s. 240.4097 to

19  another, his or her eligibility shall be transferable upon

20  approval of the department. When approved by the department,

21  the amount of the unmet need shall be recalculated for the new

22  institution and shall be adjusted accordingly.

23         (4)(5)(a)  Payment of Florida public student assistance

24  grants shall may be transmitted to the president of the state

25  university or community college which the recipient is

26  attending, or to his or her representative, in advance of the

27  registration period. Institutions shall notify students of the

28  amount of their awards.

29         (b)  Institutions shall certify to the department,

30  within 30 days of the end of regular registration, the

31  eligibility status of each awarded student.  The eligibility

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  1  status of each student to receive a disbursement shall be

  2  determined by each institution as of the end of its regular

  3  registration period, inclusive of a drop-add period.

  4  Institutions shall not be required to reevaluate a student's

  5  eligibility status after this date for purposes of changing

  6  amending eligibility determinations previously made.  However,

  7  an institution shall be required to make refunds for students

  8  who receive award disbursements and terminate enrollment for

  9  any reason during the academic term when an institution's

10  refund policies permit a student to receive a refund under

11  these circumstances.

12         (c)  Institutions shall certify to the department the

13  amount of funds disbursed to each student and shall remit to

14  the department any undisbursed advances within 60 days of the

15  end of regular registration.

16         (5)(6)  Funds appropriated by the Legislature for state

17  student assistance grants shall be deposited in the State

18  Student Financial Assistance Trust Fund. Notwithstanding the

19  provisions of s. 216.301 and pursuant to s. 216.351, any

20  balance in the trust fund at the end of any fiscal year that

21  has been allocated to the Florida Public Student Assistance

22  Grant Program shall remain therein and shall be available for

23  carrying out the purposes of this section.

24         (6)(7)  The State Board of Education shall establish

25  rules necessary to implement this section.

26         Section 2.  Section 240.4095, Florida Statutes, is

27  amended to read:

28         240.4095  Florida Private Student Assistance Grant

29  Program; eligibility for grants.--

30         (1)  There is hereby created a Florida Private Student

31  Assistance Grant Program to be administered by the

                                  5

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  1  participating institutions Department of Education in

  2  accordance with rules of the state board.

  3         (2)(a)  Florida private student assistance grants from

  4  the State Student Financial Assistance Trust Fund may be made

  5  only to full-time degree-seeking students enrolled for a

  6  minimum of 6 credit hours who meet the general requirements

  7  for student eligibility as provided in s. 240.404, except as

  8  otherwise provided in this section.  Such grants shall be

  9  awarded for the amount of demonstrated unmet need for tuition

10  and fees and may not exceed a total of the weighted average

11  tuition and matriculation fees for 30 credit hours at state

12  universities plus $1,000 $1,500 per academic year, or as

13  specified in the General Appropriations Act, to any applicant.

14  A demonstrated unmet need of less than $200 shall render the

15  applicant ineligible for a Florida private student assistance

16  grant.  Recipients of such grants must have been accepted at a

17  baccalaureate-degree-granting independent nonprofit college or

18  university, which is accredited by the Commission on Colleges

19  of the Southern Association of Colleges and Schools, and which

20  has a secular purpose, and which is located in and chartered

21  as a domestic corporation by the state.  No student may

22  receive an award for more than the equivalent of 9 semesters

23  or 14 quarters of full-time enrollment in a period of not more

24  than 6 consecutive years, except as otherwise provided in s.

25  240.404(3).

26         (b)  A student applying for a Florida private student

27  assistance grant shall be required to apply for the Pell

28  Grant. The Pell Grant entitlement shall be considered by the

29  department when conducting an assessment of the financial

30  resources available to each student.

31

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  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 independent nonprofit college or university of the

  8  applicant's choice.  Priority in the distribution of grant

  9  moneys shall be given to students with the lowest total family

10  resources, in accordance with a nationally recognized system

11  of need analysis as determined pursuant to this subsection,

12  taking into consideration the receipt of Pell Grants and

13  student contributions to educational costs.

14         (d)  Each participating institution shall report, to

15  the department by the established date, the eligible students

16  to whom grant moneys are disbursed each academic term. Each

17  institution shall also report to the department necessary

18  demographic and eligibility data for such students.

19         (3)  Based on the unmet financial need of an eligible

20  applicant, the full amount of a Florida private student

21  assistance grant must be between $200 and the weighted average

22  cost of matriculation and tuition fees for 30 credit hours at

23  state universities plus $1,000 $1,500 per academic year or the

24  amount specified in the General Appropriations Act. Students

25  enrolled for 6 to 8 credit hours may receive up to one-half of

26  the maximum award, students enrolled for 9 to 11 credit hours

27  may receive up to three-fourths of the maximum award, and

28  students enrolled for 12 or more credit hours may receive up

29  to the full award. When funds are not sufficient to make full

30  awards to all eligible applicants, the department shall reduce

31  the amount of each recipient's grant award pro rata.  For any

                                  7

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    Florida House of Representatives - 1998                HB 4693

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  1  year in which a pro rata grant reduction is necessary, such

  2  adjustment shall be made by reducing the second semester or

  3  the second and third quarter award disbursements to grant

  4  recipients.  In each such instance, institutions shall notify

  5  students of award adjustments.

  6         (4)  In the event that a Florida private student

  7  assistance grant recipient transfers from one institution

  8  eligible under this section, s. 240.409, 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)  Payment of Florida private student

14  assistance grants shall may be transmitted to the president of

15  the college or university which the recipient is attending, or

16  to his or her representative, in advance of the registration

17  period. Institutions shall notify students of the amount of

18  their awards.

19         (b)  Institutions shall certify to the department,

20  within 30 days of the end of regular registration, the

21  eligibility status of each awarded student.  The eligibility

22  status of each student to receive a disbursement shall be

23  determined by each institution as of the end of its regular

24  registration period, inclusive of a drop-add period.

25  Institutions shall not be required to reevaluate a student's

26  eligibility status after this date for purposes of amending

27  eligibility determinations previously made.  However, an

28  institution shall be required to make refunds for students who

29  receive award disbursements and terminate enrollment for any

30  reason during the academic term when an institution's refund

31

                                  8

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  1  policies permit a student to receive a refund under these

  2  circumstances.

  3         (c)  Institutions shall certify to the department the

  4  amount of funds disbursed to each student and shall remit to

  5  the department any undisbursed advances within 60 days of the

  6  end of regular registration.

  7         (d)  Each institution that receives moneys through the

  8  Florida Private Student Assistance Grant Program shall cause

  9  to be prepared a biennial report that includes an independent

10  external audit of the institution's administration of the

11  program and a complete accounting of moneys in the State

12  Student Financial Assistance Trust Fund allocated to the

13  institution for the program. Such report shall be submitted to

14  the department on or before March 1 every other year.  The

15  department may conduct its own annual or biennial audit of an

16  institution's administration of the program and its allocated

17  funds in lieu of the required biennial report and independent

18  external audit.  The department may suspend or revoke an

19  institution's eligibility to receive future moneys from the

20  trust fund for the program or request a refund of any moneys

21  overpaid to the institution through the trust fund for the

22  program if the department finds that an institution has not

23  complied with the provisions of this section. Any refund

24  requested pursuant to this paragraph shall be remitted within

25  60 days.

26         (5)(6)  Funds appropriated by the Legislature for

27  Florida private student assistance grants shall be deposited

28  in the State Student Financial Assistance Trust Fund.

29  Notwithstanding the provisions of s. 216.301 and pursuant to

30  s. 216.351, any balance in the trust fund at the end of any

31  fiscal year that has been allocated to the Florida Private

                                  9

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  1  Student Assistance Grant Program shall remain therein and

  2  shall be available for carrying out the purposes of this

  3  section and as otherwise provided by law.

  4         (6)(7)  The State Board of Education shall adopt rules

  5  necessary to implement this section.

  6         Section 3.  Section 240.4097, Florida Statutes, is

  7  amended to read:

  8         240.4097  Florida Postsecondary Student Assistance

  9  Grant Program; eligibility for grants.--

10         (1)  There is hereby created a Florida Postsecondary

11  Student Assistance Grant Program to be administered by the

12  participating institutions Department of Education in

13  accordance with rules of the state board.

14         (2)(a)  Florida postsecondary student assistance grants

15  through the State Student Financial Assistance Trust Fund may

16  be made only to full-time degree-seeking students enrolled for

17  a minimum of 6 credit hours who meet the general requirements

18  for student eligibility as provided in s. 240.404, except as

19  otherwise provided in this section.  Such grants shall be

20  awarded for the amount of demonstrated unmet need for tuition

21  and fees and may not exceed a total of the weighted average

22  prior-academic-year cost of tuition and matriculation fees at

23  state universities plus $1,000 $1,500 per academic year, or as

24  specified in the General Appropriations Act, to any applicant.

25  A demonstrated unmet need of less than $200 shall render the

26  applicant ineligible for a Florida postsecondary student

27  assistance grant.  Recipients of such grants must have been

28  accepted at a postsecondary institution that is located in and

29  chartered as a domestic corporation by the state and that is:

30         1.  A private nursing diploma school approved by the

31  Florida Board of Nursing; or

                                  10

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  1         2.  An institution either licensed by the State Board

  2  of Independent Colleges and Universities or exempt from

  3  licensure pursuant to s. 246.085(1)(a), excluding those

  4  institutions the students of which are eligible to receive a

  5  Florida private student assistance grant pursuant to s.

  6  240.4095.

  7

  8  No student may receive an award for more than the equivalent

  9  of 9 semesters or 14 quarters of full-time enrollment in a

10  period of not more than 6 consecutive years, except as

11  otherwise provided in s. 240.404(3).

12         (b)  A student applying for a Florida postsecondary

13  student assistance grant shall be required to apply for the

14  Pell Grant. The Pell Grant entitlement shall be considered by

15  the department when conducting an assessment of the financial

16  resources available to each student.

17         (c)  The criteria and procedure for establishing

18  standards of eligibility shall be determined by the

19  department.  The department is directed to establish a rating

20  system upon which to base the approval of grants, including

21  the use of a nationally recognized system of need analysis.

22  The system shall include a certification of acceptability by

23  the school of the applicant's choice.  Priority in the

24  distribution of grant moneys shall be given to students with

25  the lowest total family resources, in accordance with a

26  nationally recognized system of need analysis as determined

27  pursuant to this subsection, taking into consideration the

28  receipt of Pell Grants and student contributions to

29  educational costs.

30         (d)  Each participating institution shall report, to

31  the department by the established date, the eligible students

                                  11

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  1  to whom grant moneys are disbursed each academic term. Each

  2  institution shall also report to the department necessary

  3  demographic and eligibility data for such students.

  4         (3)  Based on the unmet financial need of an eligible

  5  applicant, the full amount of a Florida postsecondary student

  6  assistance grant must be between $200 and the weighted average

  7  cost of tuition and matriculation fees for 30 credit hours at

  8  state universities plus $1,000 $1,500 per academic year or the

  9  amount specified in the General Appropriations Act. Students

10  enrolled for 6 to 8 credit hours may receive up to one-half of

11  the maximum award, students enrolled for 9 to 11 credit hours

12  may receive up to three-fourths of the maximum award, and

13  students enrolled for 12 or more credit hours may receive up

14  to the full award. When funds are not sufficient to make full

15  awards to all eligible applicants, the department shall reduce

16  the amount of each recipient's grant award pro rata.  For any

17  year in which a pro rata grant reduction is necessary, such

18  adjustment shall be made by reducing the second semester or

19  the second and third quarter award disbursements to grant

20  recipients.  In each such instance, institutions shall notify

21  students of award adjustments.

22         (4)  In the event that a student assistance grant

23  recipient transfers from one institution eligible under this

24  section, s. 240.409, or s. 240.4095 to another, his or her

25  eligibility shall be transferable upon approval of the

26  department.  When approved by the department, the amount of

27  the unmet need shall be recalculated for the new institution

28  and shall be adjusted accordingly.

29         (4)(5)(a)  Payment of Florida postsecondary student

30  assistance grants shall may be transmitted to the president of

31  the eligible institution which the recipient is attending, or

                                  12

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  1  to his or her representative, in advance of the registration

  2  period. Institutions shall notify students of the amount of

  3  their awards.

  4         (b)  Institutions shall certify to the department,

  5  within 30 days of the end of regular registration, the

  6  eligibility status of each awarded student.  The eligibility

  7  status of each student to receive a disbursement shall be

  8  determined by each institution as of the end of its regular

  9  registration period, inclusive of a drop-add period.

10  Institutions shall not be required to reevaluate a student's

11  eligibility status after this date for purposes of changing

12  amending eligibility determinations previously made.  However,

13  an institution shall be required to make refunds for students

14  who receive award disbursements and terminate enrollment for

15  any reason during the academic term when an institution's

16  refund policies permit a student to receive a refund under

17  these circumstances.

18         (c)  Institutions shall certify to the department the

19  amount of funds disbursed to each student and shall remit to

20  the department any undisbursed advances within 60 days of the

21  end of regular registration.

22         (c)(d)  Each institution that receives moneys through

23  the Florida Postsecondary Student Assistance Grant Program

24  shall cause to be prepared a biennial report that includes an

25  independent external audit of the institution's administration

26  of the program and a complete accounting of moneys in the

27  State Student Financial Assistance Trust Fund allocated to the

28  institution for the program.  Such report shall be submitted

29  to the department on or before March 1 every other year.  The

30  department may conduct its own annual or biennial audit of an

31  institution's administration of the program and its allocated

                                  13

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  1  funds in lieu of the required biennial report and independent

  2  external audit. The department may suspend or revoke an

  3  institution's eligibility to receive future moneys from the

  4  trust fund for the program or request a refund of any moneys

  5  overpaid to the institution through the trust fund for the

  6  program if the department finds that an institution has not

  7  complied with the provisions of this section.  Any refund

  8  requested pursuant to this paragraph shall be remitted within

  9  60 days.

10         (5)(6)  Any institution that was eligible to receive

11  state student assistance grants on January 1, 1989, and that

12  is not eligible to receive grants pursuant to s. 240.4095 is

13  eligible to receive grants pursuant to this section.

14         (6)(7)  Funds appropriated by the Legislature for

15  Florida postsecondary student assistance grants shall be

16  deposited in the State Student Financial Assistance Trust

17  Fund. Notwithstanding the provisions of s. 216.301 and

18  pursuant to s. 216.351, any balance in the trust fund at the

19  end of any fiscal year that has been allocated to the Florida

20  Postsecondary Student Assistance Grant Program shall remain

21  therein and shall be available for carrying out the purposes

22  of this section and as otherwise provided by law.

23         (7)(8)  The State Board of Education shall adopt rules

24  necessary to implement this section.

25         Section 4.  This act shall take effect upon becoming a

26  law.

27

28

29

30

31

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Authorizes eligibility determination and grant
  4    distribution for the Florida Public Student Assistance
      Grant Program, the Florida Private Student Assistance
  5    Grant Program, and the Florida Postsecondary Student
      Assistance Grant Program to be conducted by the receiving
  6    institutions and specifies a dollar value range for grant
      awards. See bill for details.
  7

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