House Bill 1631

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    Florida House of Representatives - 2000                HB 1631

        By the Committee on Colleges & Universities and
    Representatives Casey, Betancourt, Waters and J. Miller





  1                      A bill to be entitled

  2         An act relating to student financial aid;

  3         amending s. 231.621, F.S.; deleting the

  4         requirement that repayment of a Critical

  5         Teacher Shortage Student Loan be made directly

  6         to the holder of the loan; amending s.

  7         240.40201, F.S.; revising general student

  8         eligibility requirements for the Florida Bright

  9         Futures Scholarship; amending s. 240.40202,

10         F.S.; revising student eligibility provisions

11         for initial award of a Florida Bright Futures

12         Scholarship; amending s. 240.40203, F.S.;

13         providing for renewal, reinstatement, and

14         restoration of an award; amending s. 240.40204,

15         F.S.; revising accreditation requirements for

16         postsecondary education institution

17         participation in the Florida Bright Futures

18         Scholarship Program; amending s. 240.40205,

19         F.S., relating to the Florida Academic Scholars

20         award; requiring the Department of Education to

21         define matriculation and fees for purposes of

22         the award; clarifying provisions relating to

23         renewal and reinstatement of an award;

24         providing a cross reference; amending s.

25         240.40206, F.S., relating to the Florida Merit

26         Scholars award; authorizing the participation

27         of students who have been recognized by the

28         merit or achievement programs of the National

29         Merit Scholarship Corporation as a scholar or

30         finalist, but have not completed a program of

31         community service; requiring the Department of

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  1         Education to define matriculation and fees for

  2         purposes of the award; clarifying provisions

  3         relating to renewal and reinstatement of an

  4         award; providing a cross reference; amending s.

  5         240.40207, F.S., relating to the Florida Gold

  6         Seal Vocational Scholars award; revising

  7         student eligibility requirements; requiring the

  8         Department of Education to define matriculation

  9         and fees for purposes of the award; clarifying

10         provisions relating to renewal and

11         reinstatement of an award; providing a cross

12         reference; revising provisions relating to

13         transfer to the Florida Merit Scholars award

14         program; providing for determination of the

15         credit hour limitation; amending s. 240.40209,

16         F.S., relating to the calculation of awards of

17         Bright Futures Scholarship recipients attending

18         nonpublic institutions; requiring the

19         Department of Education to define matriculation

20         and fees for purposes of the award; amending s.

21         240.404, F.S., relating to general requirements

22         for student eligibility for state financial

23         aid; revising accreditation requirements for

24         postsecondary education institution

25         participation; requiring that to remain

26         eligible, a student not have a break in

27         enrollment greater than 12 months; amending s.

28         240.4064, F.S., relating to the critical

29         teacher shortage tuition reimbursement program;

30         increasing the rate of tuition reimbursement;

31         amending s. 240.412, F.S., relating to the Jose

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  1         Marti Scholarship Challenge Grant Program;

  2         revising accreditation requirements for

  3         postsecondary education institution

  4         participation; deleting the requirement that an

  5         applicant who applies as a graduate student

  6         have earned a 3.0 cumulative grade point

  7         average for undergraduate college-level

  8         courses; deleting a limitation on the number of

  9         semesters or quarters a graduate student may

10         receive the award; amending s. 240.413, F.S.,

11         relating to the Seminole and Miccosukee Indian

12         Scholarships; revising accreditation

13         requirements for postsecondary education

14         institution participation; amending s. 240.437,

15         F.S., relating to student financial aid

16         planning and development; deleting obsolete

17         language; clarifying provisions relating to the

18         repeal of unfunded financial assistance

19         programs; amending s. 240.465, F.S.; deleting a

20         provision which prohibits an individual

21         borrower who is in default in making student

22         financial assistance repayments from being

23         furnished with his or her academic transcripts

24         or other student records until such time as the

25         loan is paid in full or the default status has

26         been removed; amending s. 240.472, F.S.;

27         revising the definition of the term

28         "institution" to reflect revised accreditation

29         requirements; amending s. 295.01, F.S.,

30         relating to the education of children of

31         deceased or disabled veterans; clarifying

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  1         student eligibility requirements; amending s.

  2         295.02, F.S., relating to use of funds for the

  3         education of children of deceased or disabled

  4         veterans; requiring the Department of Education

  5         to define tuition and registration fees for

  6         purposes of award of funds; clarifying student

  7         eligibility requirements; providing for the

  8         award of funds for attendance at an eligible

  9         nonpublic postsecondary institution; repealing

10         s. 228.502, F.S., relating to the Education

11         Success Incentive Program, s. 240.40242, F.S.,

12         relating to use of certain scholarship funds by

13         children of deceased or disabled veterans, and

14         s. 240.6055, F.S., relating to access grants

15         for community college graduates; amending s.

16         246.041, F.S., relating to the powers and

17         duties of the State Board of Independent

18         Colleges and Universities; removing an obsolete

19         cross reference; amending s. 240.409, F.S.;

20         deleting the requirement that a student attend

21         full-time to be eligible for a state student

22         assistance grant; requiring the student to

23         enroll in at least 6 semester hours, or the

24         equivalent, per semester; amending s. 240.4095,

25         F.S.; deleting the requirement that a student

26         attend full-time to be eligible for a Florida

27         private student assistance grant; requiring a

28         student to enroll in at least 6 semester hours,

29         or the equivalent, per semester; amending s.

30         240.4097, F.S.; deleting the requirement that a

31         student attend full-time to be eligible for a

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  1         Florida postsecondary student assistance grant;

  2         requiring a student to enroll in at least 6

  3         semester hours, or the equivalent, per

  4         semester; amending s. 240.404, F.S.; revising

  5         the maximum amount of time an undergraduate

  6         student can receive financial aid; providing an

  7         effective date.

  8

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

10

11         Section 1.  Paragraph (c) of subsection (2) of section

12  231.621, Florida Statutes, is amended to read:

13         231.621  Critical Teacher Shortage Student Loan

14  Forgiveness Program.--

15         (2)  From the funds available, the Department of

16  Education is authorized to make loan principal repayments as

17  follows:

18         (c)  All repayments shall be contingent on continued

19  proof of employment in the designated subject areas in this

20  state and shall be made directly to the holder of the loan.

21  The state shall not bear responsibility for the collection of

22  any interest charges or other remaining balance.  In the event

23  that designated critical teacher shortage subject areas are

24  changed by the State Board of Education, a teacher shall

25  continue to be eligible for loan forgiveness as long as he or

26  she continues to teach in the subject area for which the

27  original loan repayment was made and otherwise meets all

28  conditions of eligibility.

29         Section 2.  Subsection (1) of section 240.40201,

30  Florida Statutes, is amended to read:

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  1         240.40201  Florida Bright Futures Scholarship

  2  Program.--

  3         (1)  The Florida Bright Futures Scholarship Program is

  4  created to establish a lottery-funded scholarship program to

  5  reward any Florida high school graduate who merits recognition

  6  of high academic achievement and who enrolls in a degree

  7  program, certificate program, or applied technology diploma

  8  program at an eligible Florida public or private postsecondary

  9  education institution within 7 3 years of graduation from high

10  school. Regardless of the year in which the student first

11  receives scholarship funding, all eligibility will end 7 years

12  after high school graduation.

13         Section 3.  Paragraphs (b), (e), and (f) of subsection

14  (1) and subsection (2) of section 240.40202, Florida Statutes,

15  are amended to read:

16         240.40202  Florida Bright Futures Scholarship Program;

17  student eligibility requirements for initial awards.--

18         (1)  To be eligible for an initial award from any of

19  the three types of scholarships under the Florida Bright

20  Futures Scholarship Program, a student must:

21         (b)  Earn a standard Florida high school diploma or its

22  equivalent as described in s. 232.246 or s. 229.814 unless:

23         1.  The student is enrolled full time in the early

24  admission program of an eligible postsecondary education

25  institution or completes a home education program according to

26  s. 232.0201; or

27         2.  The student earns a high school diploma from a

28  non-Florida school while living with a parent or guardian who

29  is on military or public service assignment away from Florida.

30  "Public service assignment," as used in this subparagraph,

31  means the occupational assignment outside of Florida of a

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  1  person who is a permanent resident of Florida and who is

  2  employed by the United States Government or the State of

  3  Florida, a condition of which employment is assignment outside

  4  of Florida.

  5         (e)  Not have been found guilty of, had adjudication

  6  withheld for, or pled plead nolo contendere or guilty to, a

  7  felony charge, unless the student has been granted clemency by

  8  the Governor and Cabinet sitting as the Executive Office of

  9  Clemency.

10         (f)  Apply for a scholarship from the program by

11  December 31 after April 1 of the last semester before high

12  school graduation. There is no application deadline for a

13  student graduating from a non-Florida school, pursuant to

14  subparagraph (1)(b)2.

15         (2)  A student is eligible to accept an initial award

16  for 3 years following high school graduation and to accept a

17  renewal award for 7 years following high school graduation. A

18  student who applies for an award by April 1 and who meets all

19  other eligibility requirements, but who does not accept his or

20  her award during the first year of eligibility after high

21  school graduation, may apply for reinstatement of the award

22  for use within 7 reapply during subsequent application periods

23  up to 3 years after high school graduation. Reinstatement

24  applications must be received by the deadline established by

25  the Department of Education.

26         Section 4.  Section 240.40203, Florida Statutes, is

27  amended to read:

28         240.40203  Florida Bright Futures Scholarship Program;

29  student eligibility requirements for renewal, reinstatement,

30  and restoration awards.--

31

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  1         (1)  To be eligible to receive renew a scholarship from

  2  any of the three types of scholarships under the Florida

  3  Bright Futures Scholarship Program after the first year of

  4  eligibility, a student must meet the following requirements

  5  for either renewal, reinstatement, or restoration:

  6         (a)  Renewal applies to students who receive an award

  7  for at least one term during the academic year. For renewal, a

  8  student must complete at least 12 semester credit hours or the

  9  equivalent in the last academic year in which the student

10  earned a scholarship.

11         (b)  and maintain the cumulative grade point average

12  required by the scholarship program, except that:

13         1.  If a recipient's grades fall beneath the average

14  required to renew a Florida Academic Scholarship, but are

15  sufficient to renew a Florida Merit Scholarship or a Florida

16  Vocational Gold Seal Scholarship, the Department of Education

17  may grant a renewal from one of those other scholarship

18  programs, if the student meets the renewal eligibility

19  requirements.; or

20         2.  If, upon renewal evaluation at any time during the

21  eligibility period, a student's grades or hours, or both, are

22  not sufficient insufficient to renew the scholarship, the

23  student may use grades or hours, or both, earned during the

24  following summer to renew the scholarship restore eligibility

25  by improving the grade point average to the required level. A

26  student is eligible for such a reinstatement only once. The

27  Legislature encourages education institutions to assist

28  students to calculate whether or not it is possible to raise

29  the grade point average during the summer term. If the

30  institution determines that it is possible, the education

31  institution may so inform the department, which may reserve

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  1  the student's award if funds are available. The renewal,

  2  however, must not be granted until the student achieves the

  3  required cumulative grade point average and earns the required

  4  number of hours. If, during the summer term, a student does

  5  not earn is not sufficient hours or to raise the grade point

  6  average to the required renewal level, the student will not be

  7  eligible for an award student's next opportunity for renewal

  8  is the fall semester of the following academic year.

  9         (b)  Reinstatement applies to students who were

10  eligible but did not receive an award during the previous

11  academic year or years, and who may apply to reestablish use

12  of the scholarship. For reinstatement, a student must have

13  been eligible at the time of the student's most recent Bright

14  Futures eligibility determination.  The student must apply for

15  reinstatement by submitting a reinstatement application by the

16  deadline established by the Department of Education.

17         (c)  Restoration applies to students who lost

18  scholarship eligibility due to a low renewal grade point

19  average, but earned the required grade point average in a

20  subsequent academic year, and who may apply to receive awards

21  in the future. For restoration, a student who did not meet

22  renewal requirements during a prior evaluation period may

23  restore eligibility by meeting the required grade point

24  average during a subsequent renewal evaluation period.  A

25  student is eligible to receive such restoration only once.

26  The student must submit an application for restoration by the

27  deadline established by the Department of Education.

28         (2)  A student who is enrolled in a program that

29  terminates in an associate degree or a baccalaureate degree

30  may receive an award for a maximum of 110 percent of the

31  number of credit hours required to complete the program. A

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  1  student who is enrolled in an undergraduate program that

  2  terminates in the award of a postbaccalaureate degree, or the

  3  simultaneous award of baccalaureate and postbaccalaureate

  4  degrees, may receive an award for a maximum of 132 semester

  5  hours, or the equivalent, at the undergraduate rate. A student

  6  who is enrolled in a program that terminates in a technical

  7  certificate may receive an award for a maximum of 110 percent

  8  of the credit hours or clock hours required to complete the

  9  program up to 90 credit hours. A student who transfers from

10  one of these program levels to another becomes eligible for

11  the higher of the two credit hour limits.

12         Section 5.  Subsection (2) of section 240.40204,

13  Florida Statutes, is amended to read:

14         240.40204  Florida Bright Futures Scholarship Program;

15  eligible postsecondary education institutions.--A student is

16  eligible for an award or the renewal of an award from the

17  Florida Bright Futures Scholarship Program if the student

18  meets the requirements for the program as described in this

19  act and is enrolled in a postsecondary education institution

20  that meets the description in any one of the following

21  subsections:

22         (2)  An independent Florida college or university that

23  is accredited by a member of the Commission on Recognition of

24  Postsecondary Accreditation and which has operated in the

25  state for at least 3 years and is accredited by an accrediting

26  agency recognized by the United States Department of

27  Education.

28         Section 6.  Subsections (2) and (3) of section

29  240.40205, Florida Statutes, are amended to read:

30         240.40205  Florida Academic Scholars award.--

31

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  1         (2)  A Florida Academic Scholar who is enrolled in a

  2  public postsecondary education institution is eligible for an

  3  award equal to the amount required to pay matriculation and,

  4  fees, as defined by the department, and $600 for

  5  college-related expenses annually. A student who is enrolled

  6  in a nonpublic postsecondary education institution is eligible

  7  for an award equal to the amount that would be required to pay

  8  for the average matriculation and fees of a public

  9  postsecondary education institution at the comparable level,

10  plus the annual $600.

11         (3)  To be eligible for a renewal or restoration award

12  as a Florida Academic Scholar, a student must meet the

13  requirements of s. 240.40203 and the maintain the equivalent

14  of a grade point average requirement of 3.0 on a 4.0 scale, or

15  the equivalent, for all postsecondary education work

16  attempted. A student may have, with an opportunity for one

17  restoration reinstatement as provided in this act.

18         Section 7.  Section 240.40206, Florida Statutes, is

19  amended to read:

20         240.40206  Florida Merit Scholars award.--

21         (1)  A student is eligible for a Florida Merit Scholars

22  award if the student meets the general eligibility

23  requirements for the Florida Bright Futures Scholarship

24  Program and the student:

25         (a)  Has achieved a weighted grade point average of 3.0

26  as calculated pursuant to s. 240.40202, or the equivalent, in

27  high school courses that are adopted by the Board of Regents

28  and recommended by the State Board of Community Colleges as

29  college-preparatory academic courses; and

30         (b)  Has attained at least the score identified by

31  rules of the Department of Education on the combined verbal

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  1  and quantitative parts of the Scholastic Aptitude Test, the

  2  Scholastic Assessment Test, or the recentered Scholastic

  3  Assessment Test of the College Entrance Examination, or an

  4  equivalent score on the American College Testing Program; or

  5         (c)  Has attended a home education program according to

  6  s. 232.0201 during grades 11 and 12 or has completed the

  7  International Baccalaureate curriculum but failed to earn the

  8  International Baccalaureate Diploma, and has attained at least

  9  the score identified by rules of the Department of Education

10  on the combined verbal and quantitative parts of the

11  Scholastic Aptitude Test, the Scholastic Assessment Test, or

12  the recentered Scholastic Assessment Test of the College

13  Entrance Examination, or an equivalent score on the American

14  College Testing Program; or.

15         (d)  Has been recognized by the merit or achievement

16  programs of the National Merit Scholarship Corporation as a

17  scholar or finalist, but has not completed a program of

18  community service as provided by s. 240.40205.

19         (2)  A Florida Merit Scholar is eligible for an award

20  equal to the amount required to pay 75 percent of

21  matriculation and fees, as defined by the department, if the

22  student is enrolled in a public postsecondary education

23  institution. A student who is enrolled in a nonpublic

24  postsecondary education institution is eligible for an award

25  equal to the amount that would be required to pay 75 percent

26  of the matriculation and fees of a public postsecondary

27  education institution at the comparable level.

28         (3)  To be eligible for a renewal or restoration award

29  as a Florida Merit Scholar, a student must meet the

30  requirements of s. 240.40203 and the maintain the equivalent

31  of a grade point average requirement of 2.75 on a 4.0 scale,

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  1  or the equivalent, for all postsecondary education work

  2  attempted. A student may have, with an opportunity for

  3  reinstatement one restoration time as provided in this act.

  4         Section 8.  Section 240.40207, Florida Statutes, is

  5  amended to read:

  6         240.40207  Florida Gold Seal Vocational Scholars

  7  award.--The Florida Gold Seal Vocational Scholars award is

  8  created within the Florida Bright Futures Scholarship Program

  9  to recognize and reward academic achievement and vocational

10  preparation by high school students who wish to continue their

11  education. Beginning with the fall term of 2002, a Florida

12  Gold Seal Vocational Scholars award may not be used at a

13  baccalaureate degree-granting institution unless the award is

14  a renewal of an initial award issued prior to the fall term of

15  2002.

16         (1)  A student is eligible for a Florida Gold Seal

17  Vocational Scholars award if the student meets the general

18  eligibility requirements for the Florida Bright Futures

19  Scholarship Program and the student:

20         (a)  Completes the secondary school portion of a

21  sequential program of studies that requires at least three

22  secondary school vocational credits in a program of study

23  identified by the Department of Education taken over at least

24  2 academic years, and is continued in a planned, related

25  postsecondary education program. If the student's school does

26  not offer such a two-plus-two or tech-prep program, the

27  student must complete a job-preparatory career education

28  program selected by the Occupational Forecasting Conference or

29  the Workforce Development Board of Enterprise Florida for its

30  ability to provide high-wage employment in an occupation with

31  high potential for employment opportunities. A minimum of

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  1  three of these credits must be successfully completed in the

  2  same program. On-the-job training may not be substituted for

  3  any of the three required vocational credits.

  4         (b)  Demonstrates readiness for postsecondary education

  5  by earning a passing score on the Florida College Entry Level

  6  Placement Test or its equivalent as identified by the

  7  Department of Education.

  8         (c)  Earns a minimum cumulative weighted grade point

  9  average of 3.0, as calculated pursuant to s. 240.40202, on all

10  subjects required for a standard high school diploma,

11  excluding elective courses.

12         (d)  Earns a minimum unweighted grade point average of

13  3.5 on a 4.0 scale for secondary vocational courses comprising

14  the vocational program.

15         (e)  Completes the requirements of a vocational-ready

16  diploma program, as defined by rules of the State Board of

17  Education.

18         (2)  A Florida Gold Seal Vocational Scholar is eligible

19  for an award equal to the amount required to pay 75 percent of

20  matriculation and fees, as defined by the department, if the

21  student is enrolled in a public postsecondary education

22  institution. A student who is enrolled in a nonpublic

23  postsecondary education institution is eligible for an award

24  equal to the amount that would be required to pay 75 percent

25  of the matriculation and mandatory fees of a public

26  postsecondary education institution at the comparable level.

27         (3)  To be eligible for a renewal or restoration award

28  as a Florida Gold Seal Vocational Scholar, a student must meet

29  the requirements of s. 240.40203 and the maintain the

30  equivalent of a grade point average requirement of 2.75 on a

31  4.0 scale, or the equivalent, for all postsecondary education

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  1  work attempted. A student may have, with an opportunity for

  2  reinstatement one restoration time as provided in this act.

  3         (4)  A student may earn a Florida Gold Seal Vocational

  4  Scholarship for 110 percent of the number of credit hours

  5  required to complete the program, up to 90 credit hours or the

  6  equivalent. A Florida Gold Seal Scholar who has a cumulative

  7  grade point average of 2.75 in all postsecondary education

  8  work attempted may apply for a Florida Merit Scholars award at

  9  any renewal period. All other provisions of that program

10  apply, and the credit-hour limitation must be calculated by

11  subtracting from the student's total eligibility the number of

12  credit hours the student attempted while earning the Gold Seal

13  Vocational Scholarship.

14         (5)  Upon successful completion of an associate degree

15  program, an award recipient who meets the renewal criteria in

16  subsection (3) and enrolls in a baccalaureate degree program

17  at an eligible postsecondary education institution is eligible

18  to transfer to the Florida Merit Scholars award component of

19  the Bright Futures Scholarship Program. All other requirements

20  of the Florida Merit Scholars award shall apply to a student

21  who transfers to that program under this section. The

22  department is authorized to adjust the award type following

23  receipt of a Florida Gold Seal Vocational Scholars award

24  during the fall term, should a student receive an associate

25  degree in the fall and enroll in a baccalaureate degree

26  program during a subsequent term of the same academic year.

27  The credit hour limitation must be calculated by subtracting

28  from the student's total eligibility the number of credit

29  hours the student attempted while receiving the Florida Gold

30  Seal Vocational Scholars award.

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  1         Section 9.  Section 240.40209, Florida Statutes, is

  2  amended to read:

  3         240.40209  Bright Futures Scholarship recipients

  4  attending nonpublic institutions; calculation of

  5  awards.--Notwithstanding ss. 240.40201, 240.40205, 240.40206,

  6  and 240.40207, a student who receives any award under the

  7  Florida Bright Futures Scholarship Program, who is enrolled in

  8  a nonpublic postsecondary education institution, and who is

  9  assessed tuition and fees that are the same as those of a

10  full-time student at that institution, shall receive a fixed

11  award calculated by using the average matriculation and fee

12  calculation, as defined by the Department of Education, for

13  full-time attendance at a public postsecondary educational

14  education institution at the comparable level. If the student

15  is enrolled part-time and is assessed tuition and fees at a

16  reduced level, the award shall be either one-half of the

17  maximum award or three-fourths of the maximum award, depending

18  on the level of fees assessed.

19         Section 10.  Paragraph (a) of subsection (1) of section

20  240.404, Florida Statutes, is amended to read:

21         240.404  General requirements for student eligibility

22  for state financial aid.--

23         (1)(a)  The general requirements for eligibility of

24  students for state financial aid awards consist of the

25  following:

26         1.  Achievement of the academic requirements of and

27  acceptance at a state university or community college; a

28  nursing diploma school approved by the Florida Board of

29  Nursing; a Florida college, university, or community college

30  which is accredited by an accrediting agency recognized by the

31  United States Department of Education a member of the

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  1  Commission on Recognition of Postsecondary Accreditation; any

  2  Florida institution the credits of which are acceptable for

  3  transfer to state universities; any area technical center; or

  4  any private vocational-technical institution accredited by an

  5  accrediting agency recognized by the United States Department

  6  of Education a member of the Commission on Recognition of

  7  Postsecondary Accreditation.

  8         2.a.  Residency in this state for no less than 1 year

  9  preceding the award of aid for a program established pursuant

10  to s. 240.409, s. 240.4095, s. 240.4097, s. 240.412, s.

11  240.4125, s. 240.413, s. 240.4987, s. 240.605, or s. 240.606.

12  Residency in this state must be for purposes other than to

13  obtain an education. Resident status for purposes of receiving

14  state financial aid awards shall be determined in the same

15  manner as resident status for tuition purposes pursuant to s.

16  240.1201 and rules of the State Board of Education.

17         b.  A person who has been properly classified as a

18  resident by a postsecondary institution for initial receipt of

19  state-funded student financial assistance and has been

20  determined eligible to participate in a financial assistance

21  program may continue to qualify as a resident for state-funded

22  financial aid programs if he or she maintains continuous

23  enrollment at the postsecondary institution, with no break in

24  enrollment greater than 12 consecutive months.

25         3.  Submission of certification attesting to the

26  accuracy, completeness, and correctness of information

27  provided to demonstrate a student's eligibility to receive

28  state financial aid awards. Falsification of such information

29  shall result in the denial of any pending application and

30  revocation of any award currently held to the extent that no

31  further payments shall be made. Additionally, students who

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  1  knowingly make false statements in order to receive state

  2  financial aid awards shall be guilty of a misdemeanor of the

  3  second degree subject to the provisions of s. 837.06 and shall

  4  be required to return all state financial aid awards

  5  wrongfully obtained.

  6         Section 11.  Subsection (3) of section 240.4064,

  7  Florida Statutes, is amended to read:

  8         240.4064  Critical teacher shortage tuition

  9  reimbursement program.--

10         (3)  Participants may receive tuition reimbursement

11  payments for up to 9 semester hours, or the equivalent in

12  quarter hours, per year, at a rate not to exceed $115 $78 per

13  semester hour, up to a total of 36 semester hours.  All

14  tuition reimbursements shall be contingent on passing an

15  approved course with a minimum grade of 3.0 or its equivalent.

16         Section 12.  Paragraph (a) of subsection (5) and

17  subsection (6) of section 240.412, Florida Statutes, are

18  amended to read:

19         240.412  Jose Marti Scholarship Challenge Grant

20  Program.--

21         (5)(a)  In order to be eligible to receive a

22  scholarship pursuant to this section, an applicant shall:

23         1.  Be a Hispanic-American, or a person of Spanish

24  culture with origins in Mexico, South America, Central

25  America, or the Caribbean, regardless of race.

26         2.  Be a citizen of the United States and meet the

27  general requirements for student eligibility as provided in s.

28  240.404, except as otherwise provided in this section.

29         3.  Be accepted at a state university or community

30  college or any Florida college or university accredited by an

31  accrediting agency recognized by the United States Department

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  1  of Education a member of the Commission on Recognition of

  2  Postsecondary Accreditation the credits of which are

  3  acceptable without qualification for transfer to state

  4  universities.

  5         4.  Enroll as a full-time undergraduate or graduate

  6  student.

  7         5.  Earn a 3.0 unweighted grade point average on a 4.0

  8  scale, or the equivalent for high school subjects creditable

  9  toward a diploma. If an applicant applies as a graduate

10  student, he or she shall have earned a 3.0 cumulative grade

11  point average for undergraduate college-level courses.

12         (6)  The annual scholarship to each recipient shall be

13  $2,000. Priority in the distribution of scholarships shall be

14  given to students with the lowest total family resources.

15  Renewal scholarships shall take precedence over new awards in

16  any year in which funds are not sufficient to meet the total

17  need.  No undergraduate student shall receive an award for

18  more than the equivalent of 8 semesters or 12 quarters over a

19  period of no more than 6 consecutive years, except as

20  otherwise provided in s. 240.404(3). No graduate student shall

21  receive an award for more than the equivalent of 4 semesters

22  or 6 quarters.

23         Section 13.  Paragraph (b) of subsection (2) of section

24  240.413, Florida Statutes, is amended to read:

25         240.413  Seminole and Miccosukee Indian Scholarships.--

26         (2)  Scholarships shall be awarded by the department to

27  students who:

28         (b)  Are enrolled at a state university or community

29  college authorized by Florida law; a nursing diploma school

30  approved by the Board of Nursing; any Florida college,

31  university, or community college which is accredited by an

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  1  accrediting agency recognized by the United States Department

  2  of Education a member of the Commission on Recognition of

  3  Postsecondary Accreditation; or any Florida institution the

  4  credits of which are acceptable for transfer to state

  5  universities;

  6         Section 14.  Subsection (6) of section 240.437, Florida

  7  Statutes, is amended to read:

  8         240.437  Student financial aid planning and

  9  development.--

10         (6)  Any Effective July 1, 1992, all new and existing

11  financial assistance programs authorized by state law that are

12  administered by the Bureau of Student Financial Assistance of

13  the Department of Education, and that under this part which

14  are not funded for 3 consecutive years after enactment shall

15  stand repealed.  Financial aid programs provided under this

16  part on July 1, 1992, which lose funding for 3 consecutive

17  years shall stand repealed.  The Bureau Office of Student

18  Financial Assistance of the Department of Education shall

19  annually review the legislative appropriation of financial aid

20  to identify such programs.

21         Section 15.  Subsection (5) of section 240.465, Florida

22  Statutes, is amended, and subsections (6) and (7) of said

23  section are renumbered as subsections (5) and (6),

24  respectively, to read:

25         240.465  Delinquent accounts.--

26         (5)  No individual borrower who has been determined to

27  be in default in making legally required scholarship loan,

28  student loan, or guaranteed loan repayments shall be furnished

29  with his or her academic transcripts or other student records

30  until such time as the loan is paid in full or the default

31  status has been removed.

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  1         Section 16.  Subsection (13) of section 240.472,

  2  Florida Statutes, is amended to read:

  3         240.472  Definitions.--As used in this act:

  4         (13)  "Institution" means any college or university

  5  which, by virtue of law or charter, is accredited by an

  6  accrediting agency recognized by the United States Department

  7  of Education and holds membership in the Commission on

  8  Recognition of Postsecondary Accreditation; which grants

  9  baccalaureate or associate degrees; which is not a pervasively

10  sectarian institution; and which does not discriminate in the

11  admission of students on the basis of race, color, religion,

12  sex, or creed.

13         Section 17.  Subsection (1) of section 295.01, Florida

14  Statutes, is amended to read:

15         295.01  Children of deceased or disabled veterans;

16  education.--

17         (1)  It is hereby declared to be the policy of the

18  state to provide educational opportunity at state expense for

19  dependent children either of whose parents was a resident of

20  the state at the time such parent entered the Armed Forces,

21  had been a bona fide resident of the state for 5 years

22  preceding the child's application for benefits under this

23  section, and who:

24         (a)  Died in that service or from injuries sustained or

25  disease contracted during a period of wartime service as

26  defined in s. 1.01(14) or has died since or may hereafter die

27  from diseases or disability resulting from such war service,

28  or

29         (b)  Participated during a period of wartime service,

30  as provided for in this chapter, and has been:

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  1         1.  Determined by the United States Department of

  2  Veterans Affairs or its predecessor to have a

  3  service-connected 100-percent total and permanent disability

  4  rating for compensation,

  5         2.  Determined to have a service-connected total and

  6  permanent disability rating of 100 percent and is in receipt

  7  of disability retirement pay from any branch of the United

  8  States Armed Services, or

  9         3.  Issued a valid identification card by the

10  Department of Veterans' Affairs in accordance with s. 295.17,

11

12  when the parents of such children have been bona fide

13  residents of the state for 5 years next preceding their

14  application for the benefits hereof, and subject to the rules,

15  restrictions, and limitations hereof.

16         Section 18.  Section 295.02, Florida Statutes, is

17  amended to read:

18         295.02  Use of funds; age, etc.--

19         (1)  All sums appropriated and expended under this

20  chapter shall be used to pay tuition and registration fees, as

21  defined by the Department of Education; board;, and room rent

22  and to buy books and supplies for the children of:

23         (a)  Deceased or disabled veterans or service members,

24  as defined and limited in s. 295.01, s. 295.016, s. 295.017,

25  s. 295.018, or s. 295.0195., or of

26         (b)  Parents classified as prisoners of war or missing

27  in action, as defined and limited in s. 295.015.,

28         (2)  Such children must be who are between the ages of

29  16 and 22 years, and who are in attendance at:

30

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  1         (a)  A state-supported institution of higher learning,

  2  including a community college or vocational-technical school,

  3  or

  4         (b)  Any postsecondary institution eligible to

  5  participate in the Florida Bright Futures Scholarship program.

  6

  7  A student attending an eligible private postsecondary

  8  institution may receive an award equivalent to the average

  9  matriculation and fees calculated for full-time attendance at

10  a public postsecondary institution at the comparable level.

11  Any child having entered upon a course of training or

12  education under the provisions of this chapter, consisting of

13  a course of not more than 4 years, and arriving at the age of

14  22 years before the completion of such course may continue the

15  course and receive all benefits of the provisions of this

16  chapter until the course is completed. The Department of

17  Education shall administer this educational program subject to

18  regulations of the department.

19         Section 19.  Sections 228.502, 240.40242, and 240.6055,

20  Florida Statutes, are repealed.

21         Section 20.  Paragraph (r) of subsection (1) of section

22  246.041, Florida Statutes, is amended to read:

23         246.041  Powers and duties of board.--

24         (1)  The board shall:

25         (r)  Provide information and documentation on an annual

26  basis to the Office of Student Financial Assistance of the

27  Department of Education regarding the requirements set forth

28  for nonpublic colleges in s. 240.605, relating to William L.

29  Boyd, IV, Florida resident access grants, s. 240.6055,

30  relating to access grants for community college graduates, and

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  1  s. 240.609, relating to Florida postsecondary endowment

  2  grants.

  3         Section 21.  Paragraph (a) of subsection (2) of section

  4  240.409, Florida Statutes, is amended to read:

  5         240.409  Florida Public Student Assistance Grant

  6  Program; eligibility for grants.--

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

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

  9  who enroll in at least 6 semester hours, or the equivalent,

10  per semester and who meet the general requirements for student

11  eligibility as provided in s. 240.404, except as otherwise

12  provided in this section.  Such grants shall be awarded

13  annually for the amount of demonstrated unmet need for the

14  cost of education and may not exceed an amount equal to the

15  average prior academic year cost of matriculation fees and

16  other registration fees for 30 credit hours at state

17  universities or such other amount as specified in the General

18  Appropriations Act, to any recipient. A demonstrated unmet

19  need of less than $200 shall render the applicant ineligible

20  for a state student assistance grant. Recipients of such

21  grants must have been accepted at a state university or

22  community college authorized by Florida law.  No student may

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

24  or 14 quarters of full-time enrollment, except as otherwise

25  provided in s. 240.404(3).

26         Section 22.  Paragraph (a) of subsection (2) of section

27  240.4095, Florida Statutes, is amended to read:

28         240.4095  Florida Private Student Assistance Grant

29  Program; eligibility for grants.--

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

31  the State Student Financial Assistance Trust Fund may be made

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  1  only to full-time degree-seeking students who enroll in at

  2  least 6 semester hours, or the equivalent, per semester and

  3  who meet the general requirements for student eligibility as

  4  provided in s. 240.404, except as otherwise provided in this

  5  section.  Such grants shall be awarded for the amount of

  6  demonstrated unmet need for tuition and fees and may not

  7  exceed an amount equal to the average matriculation and other

  8  registration fees for 30 credit hours at state universities

  9  plus $1,000 per academic year, or as specified in the General

10  Appropriations Act, to any applicant.  A demonstrated unmet

11  need of less than $200 shall render the applicant ineligible

12  for a Florida private student assistance grant. Recipients of

13  such grants must have been accepted at a

14  baccalaureate-degree-granting independent nonprofit college or

15  university, which is accredited by the Commission on Colleges

16  of the Southern Association of Colleges and Schools and which

17  is located in and chartered as a domestic corporation by the

18  state.  No student may receive an award for more than the

19  equivalent of 9 semesters or 14 quarters of full-time

20  enrollment, except as otherwise provided in s. 240.404(3).

21         Section 23.  Paragraph (a) of subsection (2) of section

22  240.4097, Florida Statutes, is amended to read:

23         240.4097  Florida Postsecondary Student Assistance

24  Grant Program; eligibility for grants.--

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

26  through the State Student Financial Assistance Trust Fund may

27  be made only to full-time degree-seeking students who enroll

28  in at least 6 semester hours, or the equivalent, per semester

29  and who meet the general requirements for student eligibility

30  as provided in s. 240.404, except as otherwise provided in

31  this section.  Such grants shall be awarded for the amount of

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  1  demonstrated unmet need for tuition and fees and may not

  2  exceed an amount equal to the average prior academic year cost

  3  of matriculation and other registration fees for 30 credit

  4  hours at state universities plus $1,000 per academic year, or

  5  as specified in the General Appropriations Act, to any

  6  applicant.  A demonstrated unmet need of less than $200 shall

  7  render the applicant ineligible for a Florida postsecondary

  8  student assistance grant.  Recipients of such grants must have

  9  been accepted at a postsecondary institution that is located

10  in the state and that is:

11         1.  A private nursing diploma school approved by the

12  Florida Board of Nursing; or

13         2.  An institution either licensed by the State Board

14  of Independent Colleges and Universities or exempt from

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

16  institutions the students of which are eligible to receive a

17  Florida private student assistance grant pursuant to s.

18  240.4095.

19

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

21  of 9 semesters or 14 quarters of full-time enrollment, except

22  as otherwise provided in s. 240.404(3).

23         Section 24.  Subsection (3) of section 240.404, Florida

24  Statutes, is amended to read:

25         240.404  General requirements for student eligibility

26  for state financial aid.--

27         (3)  Undergraduate students shall be eligible to

28  receive financial aid for a maximum of 110 percent of the

29  number of credit hours required to complete the program, up to

30  a maximum of 132 credit hours, or the equivalent 8 semesters

31  or 12 quarters. However, undergraduate students participating

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  1  in college-preparatory instruction, students requiring

  2  additional time to complete the college-level communication

  3  and computation skills testing programs, or students enrolled

  4  in a 5-year undergraduate degree program shall be eligible to

  5  receive financial aid for a maximum of 10 semesters or 15

  6  quarters.

  7         Section 25.  This act shall take effect July 1, 2000.

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

  2                          HOUSE SUMMARY

  3
      Deletes the requirement that repayment of a Critical
  4    Teacher Shortage Student Loan be made directly to the
      holder of the loan. Revises student eligibility
  5    requirements for the Florida Bright Futures Scholarship.
      Provides for renewal, reinstatement, and restoration of
  6    an award. Revises accreditation requirements for the
      following: for postsecondary education institution
  7    participation in the Florida Bright Futures Scholarship
      Program, the Jose Marti Scholarship Challenge Grant
  8    Program, and the Seminole and Miccosukee Indian
      Scholarships, and for a definition of the term
  9    "institution."  Requires the Department of Education to
      define matriculation and fees for purposes of the Florida
10    Academic Scholars award, the Florida Merit Scholars
      award, the Florida Gold Seal Vocational Scholars award,
11    for the calculation of awards of Bright Futures
      Scholarship recipients attending nonpublic institutions,
12    and for the use of funds for the education of children of
      deceased or disabled veterans. Clarifies provisions
13    relating to renewal and reinstatement of a Florida
      Academic Scholars award, a Florida Merit Scholars award,
14    and a Florida Gold Seal Vocational Scholars award.
      Authorizes the participation of students who have been
15    recognized by the merit or achievement programs of the
      National Merit Scholarship Corporation as a scholar or
16    finalist, but have not completed a program of community
      service in the Florida Merit Scholars award program.
17    Revises student eligibility requirements for the Florida
      Gold Seal Vocational Scholars award. Revises provisions
18    relating to transfer to the Florida Merit Scholars award
      program. Provides for determination of the credit hour
19    limitation. Revises general requirements for student
      eligibility for state financial aid to reflect revised
20    accreditation requirements for postsecondary education
      institution participation. Requires that to remain
21    eligible for student financial assistance, a student not
      have a break in enrollment greater than 12 months.
22    Increases the rate of tuition reimbursement for the
      critical teacher shortage tuition reimbursement program.
23    Deletes the requirement that an applicant for a Jose
      Marti Scholarship Challenge Grant who applies as a
24    graduate student have earned a 3.0 cumulative grade point
      average for undergraduate college-level courses. Deletes
25    a limitation on the number of semesters or quarters a
      graduate student may receive the award. Revises
26    provisions relating to student financial aid planning and
      development, deleting obsolete language and clarifying
27    provisions relating to the repeal of unfunded financial
      assistance programs. Deletes a provision which prohibits
28    an individual borrower who is in default in making
      student financial assistance repayments from being
29    furnished with his or her academic transcripts or other
      student records until such time as the loan is paid in
30    full or the default status has been removed.  Revises
      provisions relating to the education of children of
31    deceased or disabled veterans, clarifying student
      eligibility requirements. Provides for the award of funds
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  1    for attendance at an eligible nonpublic postsecondary
      institution. Repeals s. 228.502, F.S., relating to the
  2    Education Success Incentive Program, s. 240.40242, F.S.,
      relating to use of certain scholarship funds by children
  3    of deceased or disabled veterans, and s. 240.6055, F.S.,
      relating to access grants for community college
  4    graduates. Deletes the requirement that a student attend
      full-time to be eligible for a state student assistance
  5    grant. Requires a student to enroll in at least 6
      semester hours, or the equivalent, per semester. Deletes
  6    the requirement that a student attend full-time to be
      eligible for a Florida private student assistance grant.
  7    Requires a student to enroll in at least 6 semester
      hours, or the equivalent, per semester. Deletes the
  8    requirement that a student attend full-time to be
      eligible for a Florida postsecondary student assistance
  9    grant. Requires a student to enroll in at least 6
      semester hours, or the equivalent, per semester. Revises
10    the maximum time an undergraduate student can receive
      financial aid.
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