Senate Bill 0966

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998                                   SB 966

    By Senator Lee





    23-941-98                                               See HB

  1                      A bill to be entitled

  2         An act relating to postsecondary education;

  3         creating the "Drug-Free Postsecondary Education

  4         Act"; providing definitions; requiring

  5         suspension for a specified period by a public

  6         educational institution of a student convicted

  7         of any offense involving the sale, manufacture,

  8         distribution, possession, use, or trafficking

  9         of a controlled substance listed in Schedule I,

10         II, or III of s. 893.03, F.S.; providing for

11         forfeiture by the student of certain academic

12         credit otherwise earned or earnable; requiring

13         the public educational institution to revoke

14         credit under certain circumstances; requiring

15         denial for a specified period of state

16         financial aid to a student of a nonpublic

17         educational institution who is convicted of any

18         offense involving the sale, manufacture,

19         distribution, possession, use, or trafficking

20         of a controlled substance listed in Schedule I,

21         II, or III of s. 893.03, F.S.; requiring the

22         nonpublic educational institution to agree to

23         comply with the provisions for denial of

24         financial aid in order to be eligible to have

25         its students receive certain state funds;

26         requiring any applicant for state financial aid

27         to state in the application whether he or she

28         has been convicted of the offense of sale,

29         manufacture, distribution, possession, use, or

30         trafficking of a controlled substance listed in

31         Schedule I, II, or III of s. 893.03, F.S.;

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 966
    23-941-98                                               See HB




  1         providing for construction; prohibiting failure

  2         to disclose information of such conviction or

  3         making a false statement regarding such

  4         information on the application for state

  5         financial aid; providing penalties; requiring

  6         the Department of Corrections to provide a list

  7         no less often than quarterly of all persons

  8         convicted of such offenses who are under the

  9         supervision of the department pursuant to a

10         sentence of probation or community control;

11         providing for severability; providing an

12         effective date.

13

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

15

16         Section 1.  Short title.--This act shall be known and

17  may be cited as the "Drug-Free Postsecondary Education Act."

18         Section 2.  Definitions.--As used in this act, the

19  term:

20         (1)  "Convicted" or "conviction" refers to a plea of

21  guilty, a finding of guilty by a court of competent

22  jurisdiction, or the acceptance of a plea of nolo contendere

23  upon which an adjudication of guilt is based, irrespective of

24  pendency or availability of any appeal or application for

25  collateral relief.

26         (2)  "Date of conviction" means the date that the trial

27  court determines guilt and enters judgment thereon or the date

28  on which the court accepts a plea of nolo contendere.

29         (3)  "Nonpublic educational institution" means any

30  postsecondary educational institution not established,

31  operated, or governed by this state.

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 966
    23-941-98                                               See HB




  1         (4)  "Public educational institution" means any

  2  community college, college, university, or other institution

  3  of higher learning under the management and control of the

  4  Board of Regents of the University System or the State Board

  5  of Community Colleges.

  6         (5)  "Student" means any person who is enrolled as a

  7  student in courses for academic credit on a full-time,

  8  part-time, temporary, or intermittent basis in any public or

  9  nonpublic educational institution.

10         Section 3.  Suspension from a public educational

11  institution.--

12         (1)  Any student of a public educational institution

13  who is convicted, under the laws of this state, the United

14  States, or any other state, of any offense involving the sale,

15  manufacture, distribution, possession, use, or trafficking of

16  a controlled substance listed in Schedule I, II, or III of s.

17  893.03, Florida Statutes, shall, as of the date of conviction,

18  be suspended from the public educational institution in which

19  such person is enrolled.

20         (2)  Except for cases in which the institution has

21  previously taken disciplinary action against a student for the

22  same offense, such suspension shall be effective as of the

23  date of conviction, even though the educational institution

24  may not complete all administrative actions necessary to

25  implement such suspension until a later date.  Except for

26  cases in which the institution has already imposed

27  disciplinary sanctions for the same offense, such suspension

28  shall continue through the end of the term, quarter, semester,

29  or other similar period for which the student was enrolled as

30  of the date of conviction.  The student shall forfeit any

31  right to any academic credit otherwise earned or earnable for

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 966
    23-941-98                                               See HB




  1  such term, quarter, semester, or other similar period; and the

  2  educational institution shall subsequently revoke any such

  3  academic credit which is granted prior to the completion of

  4  administrative actions necessary to implement such suspension.

  5         Section 4.  Suspension of state financial aid used to

  6  attend a nonpublic educational institution.--

  7         (1)  Notwithstanding section 240.404, Florida Statutes,

  8  any student of a nonpublic educational institution who is

  9  convicted, under the laws of this state, the United States, or

10  any other state, of any offense involving the sale,

11  manufacture, distribution, possession, use, or trafficking of

12  a controlled substance listed in Schedule I, II, or III of

13  section 893.03, Florida Statutes, shall, as of the date of

14  conviction, be denied state funds for any state financial aid

15  award, including, but not limited to, the Florida Gold Seal

16  Vocational Scholars award, the Florida Academic Scholars

17  award, and the Florida Merit Scholars award.

18         (2)  Such denial of a state financial aid award shall

19  be effective as of the first day of the term, quarter,

20  semester, or other similar period for which the student is

21  enrolled immediately following the date of conviction, and

22  shall continue through the end of such term, quarter,

23  semester, or other similar period for which the student was

24  enrolled.

25         (3)  Any nonpublic educational institution operating

26  within this state that receives state funds shall agree to

27  comply with this section in order to be eligible for its

28  students to receive state funds through scholarships, grants,

29  or loan programs.

30         Section 5.  Right of educational institution to enforce

31  additional sanctions.--The suspension sanctions and sanctions

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 966
    23-941-98                                               See HB




  1  involving denial of state funds as prescribed in this act are

  2  intended as minimum sanctions, and nothing in this act shall

  3  be construed to prohibit any educational institution from

  4  establishing and implementing additional or more stringent

  5  sanctions for felony offenses and other conduct involving the

  6  unlawful sale, manufacture, distribution, possession, use, or

  7  trafficking of a controlled substance listed in Schedule I,

  8  II, or III of section 893.03, Florida Statutes.

  9         Section 6.  Any applicant for state financial aid shall

10  state in the application for financial aid whether he or she

11  has been convicted of the sale, manufacture, distribution,

12  possession, use, or trafficking of a controlled substance

13  listed in Schedule I, II, or III of section 893.03, Florida

14  Statutes.  Any person failing to disclose such information, or

15  making a false statement regarding such information in an

16  application for state financial aid, commits a misdemeanor of

17  the first degree, punishable as provided in section 775.082 or

18  section 775.083, Florida Statutes.

19         Section 7.  Upon request the Department of Corrections

20  shall, at least quarterly, provide a list of all persons

21  convicted of the sale, manufacture, distribution, possession,

22  use, or trafficking of a controlled substance listed in

23  Schedule I, II, or III of section 893.03, Florida Statutes,

24  under the supervision of the department pursuant to a sentence

25  of probation or community control.

26         Section 8.  This act shall take effect July 1 of the

27  year in which enacted, and shall apply to offenses committed

28  on or after that date.

29

30

31

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 966
    23-941-98                                               See HB




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

  2                       LEGISLATIVE SUMMARY

  3
      Creates the "Drug-Free Postsecondary Education Act."
  4    Requires suspension for a specified period by a public
      educational institution of a student convicted of any
  5    offense involving the sale, manufacture, distribution,
      possession, use, or trafficking of a controlled substance
  6    listed in Schedule I, II, or III of s. 893.03, F.S.
      Requires the public educational institution to revoke
  7    credit under certain circumstances.  Requires denial for
      a specified period of state funds for financial aid to a
  8    student of a nonpublic educational institution who is
      convicted of any specified offense involving such a
  9    controlled substance.  Requires the nonpublic educational
      institution to agree to comply with the provisions for
10    denial of financial aid in order to be eligible to have
      its students receive certain state funds.  Requires any
11    applicant for state financial aid to state in the
      application whether he or she has been convicted of such
12    offense.  Prohibits failing to disclose information of
      such conviction or making a false statement regarding
13    such information on the application for state financial
      aid.  Provides penalties.  Requires the Department of
14    Corrections to provide a list upon request of all persons
      convicted of such offenses who are under the supervision
15    of the department pursuant to a sentence of probation or
      community control.
16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  6