House Bill 1631c1

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    Florida House of Representatives - 2000             CS/HB 1631

        By the Committees on Education Appropriations, 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; revising scholarship disbursement

23         requirements; clarifying provisions relating to

24         renewal and reinstatement of an award;

25         providing a cross reference; amending s.

26         240.40206, F.S., relating to the Florida Merit

27         Scholars award; authorizing the participation

28         of students who have been recognized by the

29         merit or achievement programs of the National

30         Merit Scholarship Corporation as a scholar or

31         finalist, but have not completed a program of

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  1         community service; requiring the Department of

  2         Education to define matriculation and fees for

  3         purposes of the award; clarifying provisions

  4         relating to renewal and reinstatement of an

  5         award; providing a cross reference; amending s.

  6         240.40207, F.S., relating to the Florida Gold

  7         Seal Vocational Scholars award; revising

  8         student eligibility requirements; requiring the

  9         Department of Education to define matriculation

10         and fees for purposes of the award; clarifying

11         provisions relating to renewal and

12         reinstatement of an award; providing a cross

13         reference; revising provisions relating to

14         transfer to the Florida Merit Scholars award

15         program; providing for determination of the

16         credit hour limitation; amending s. 240.40209,

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

18         Bright Futures Scholarship recipients attending

19         nonpublic institutions; requiring the

20         Department of Education to define matriculation

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

22         240.404, F.S., relating to general requirements

23         for student eligibility for state financial

24         aid; revising accreditation requirements for

25         postsecondary education institution

26         participation; requiring that to remain

27         eligible, a student not have a break in

28         enrollment greater than 12 months; revising the

29         maximum amount of time an undergraduate student

30         can receive financial aid; amending s.

31         240.4064, F.S., relating to the critical

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  1         teacher shortage tuition reimbursement program;

  2         increasing the rate of tuition reimbursement;

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

  4         Marti Scholarship Challenge Grant Program;

  5         revising accreditation requirements for

  6         postsecondary education institution

  7         participation; deleting the requirement that an

  8         applicant who applies as a graduate student

  9         have earned a 3.0 cumulative grade point

10         average for undergraduate college-level

11         courses; deleting a limitation on the number of

12         semesters or quarters a graduate student may

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

14         relating to the Seminole and Miccosukee Indian

15         Scholarships; revising accreditation

16         requirements for postsecondary education

17         institution participation; amending s. 240.437,

18         F.S., relating to student financial aid

19         planning and development; deleting obsolete

20         language; clarifying provisions relating to the

21         repeal of unfunded financial assistance

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

23         provision which prohibits an individual

24         borrower who is in default in making student

25         financial assistance repayments from being

26         furnished with his or her academic transcripts

27         or other student records until such time as the

28         loan is paid in full or the default status has

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

30         revising the definition of the term

31         "institution" to reflect revised accreditation

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

  2         relating to the education of children of

  3         deceased or disabled veterans; clarifying

  4         student eligibility requirements; amending s.

  5         295.02, F.S., relating to use of funds for the

  6         education of children of deceased or disabled

  7         veterans; requiring the Department of Education

  8         to define tuition and registration fees for

  9         purposes of award of funds; clarifying student

10         eligibility requirements; providing for the

11         award of funds for attendance at an eligible

12         nonpublic postsecondary institution;

13         authorizing the State Board of Education to

14         adopt rules; repealing s. 228.502, F.S.,

15         relating to the Education Success Incentive

16         Program, s. 240.40242, F.S., relating to use of

17         certain scholarship funds by children of

18         deceased or disabled veterans, and s. 240.6055,

19         F.S., relating to access grants for community

20         college graduates; amending s. 246.041, F.S.,

21         relating to the powers and duties of the State

22         Board of Independent Colleges and Universities;

23         removing an obsolete cross reference; amending

24         s. 240.409, F.S.; requiring the Department of

25         Education to establish application deadlines;

26         deleting the requirement that a student attend

27         full-time to be eligible for a state student

28         assistance grant; requiring the student to

29         enroll in at least 6 semester hours, or the

30         equivalent, per semester; amending s. 240.4095,

31         F.S.; requiring the Department of Education to

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  1         establish an initial application deadline;

  2         deleting the requirement that a student attend

  3         full-time to be eligible for a Florida private

  4         student assistance grant; requiring a student

  5         to enroll in at least 6 semester hours, or the

  6         equivalent, per semester; amending s. 240.4097,

  7         F.S.; requiring the Department of Education to

  8         establish an initial application deadline;

  9         deleting the requirement that a student attend

10         full-time to be eligible for a Florida

11         postsecondary student assistance grant;

12         requiring a student to enroll in at least 6

13         semester hours, or the equivalent, per

14         semester; creating s. 240.4099, F.S.;

15         establishing priorities for the distribution of

16         Florida student assistance grant program funds;

17         providing an effective date.

18

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

20

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

22  231.621, Florida Statutes, is amended to read:

23         231.621  Critical Teacher Shortage Student Loan

24  Forgiveness Program.--

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

26  Education is authorized to make loan principal repayments as

27  follows:

28         (c)  All repayments shall be contingent on continued

29  proof of employment in the designated subject areas in this

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

31  The state shall not bear responsibility for the collection of

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

  2  that designated critical teacher shortage subject areas are

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

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

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

  6  original loan repayment was made and otherwise meets all

  7  conditions of eligibility.

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

  9  Florida Statutes, is amended to read:

10         240.40201  Florida Bright Futures Scholarship

11  Program.--

12         (1)  The Florida Bright Futures Scholarship Program is

13  created to establish a lottery-funded scholarship program to

14  reward any Florida high school graduate who merits recognition

15  of high academic achievement and who enrolls in a degree

16  program, certificate program, or applied technology diploma

17  program at an eligible Florida public or private postsecondary

18  education institution within 7 3 years of graduation from high

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

20  receives scholarship funding, all eligibility will end 7 years

21  after high school graduation.

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

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

24  are amended to read:

25         240.40202  Florida Bright Futures Scholarship Program;

26  student eligibility requirements for initial awards.--

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

28  the three types of scholarships under the Florida Bright

29  Futures Scholarship Program, a student must:

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

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

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

  2  admission program of an eligible postsecondary education

  3  institution or completes a home education program according to

  4  s. 232.0201; or

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

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

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

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

  9  means the occupational assignment outside of Florida of a

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

11  employed by the United States Government or the State of

12  Florida, a condition of which employment is assignment outside

13  of Florida.

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

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

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

17  the Governor and Cabinet sitting as the Executive Office of

18  Clemency.

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

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

21  school graduation. There is no application deadline for a

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

23  subparagraph (1)(b)2.

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

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

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

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

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

29  her award during the first year of eligibility after high

30  school graduation, may apply for reinstatement of the award

31  for use within 7 reapply during subsequent application periods

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  1  up to 3 years after high school graduation. Reinstatement

  2  applications must be received by the deadline established by

  3  the Department of Education.

  4         Section 4.  Section 240.40203, Florida Statutes, is

  5  amended to read:

  6         240.40203  Florida Bright Futures Scholarship Program;

  7  student eligibility requirements for renewal, reinstatement,

  8  and restoration awards.--

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

10  any of the three types of scholarships under the Florida

11  Bright Futures Scholarship Program after the first year of

12  eligibility, a student must meet the following requirements

13  for either renewal, reinstatement, or restoration:

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

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

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

17  equivalent in the last academic year in which the student

18  earned a scholarship.

19         (b)  and maintain the cumulative grade point average

20  required by the scholarship program, except that:

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

22  required to renew a Florida Academic Scholarship, but are

23  sufficient to renew a Florida Merit Scholarship or a Florida

24  Vocational Gold Seal Scholarship, the Department of Education

25  may grant a renewal from one of those other scholarship

26  programs, if the student meets the renewal eligibility

27  requirements.; or

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

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

30  not sufficient insufficient to renew the scholarship, the

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

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  1  following summer to renew the scholarship restore eligibility

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

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

  4  Legislature encourages education institutions to assist

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

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

  7  institution determines that it is possible, the education

  8  institution may so inform the department, which may reserve

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

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

11  required cumulative grade point average and earns the required

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

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

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

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

16  is the fall semester of the following academic year.

17         (b)  Reinstatement applies to students who were

18  eligible but did not receive an award during the previous

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

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

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

22  Futures eligibility determination.  The student must apply for

23  reinstatement by submitting a reinstatement application by the

24  deadline established by the Department of Education.

25         (c)  Restoration applies to students who lost

26  scholarship eligibility due to a low renewal grade point

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

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

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

30  renewal requirements during a prior evaluation period may

31  restore eligibility by meeting the required grade point

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  1  average during a subsequent renewal evaluation period.  A

  2  student is eligible to receive such restoration only once.

  3  The student must submit an application for restoration by the

  4  deadline established by the Department of Education.

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

  6  terminates in an associate degree or a baccalaureate degree

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

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

  9  student who is enrolled in an undergraduate program that

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

11  simultaneous award of baccalaureate and postbaccalaureate

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

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

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

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

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

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

18  one of these program levels to another becomes eligible for

19  the higher of the two credit hour limits.

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

21  Florida Statutes, is amended to read:

22         240.40204  Florida Bright Futures Scholarship Program;

23  eligible postsecondary education institutions.--A student is

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

25  Florida Bright Futures Scholarship Program if the student

26  meets the requirements for the program as described in this

27  act and is enrolled in a postsecondary education institution

28  that meets the description in any one of the following

29  subsections:

30         (2)  An independent Florida college or university that

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

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  1  Postsecondary Accreditation and which has operated in the

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

  3  agency recognized by the United States Department of

  4  Education.

  5         Section 6.  Subsections (2), (3), and (4) of section

  6  240.40205, Florida Statutes, are amended to read:

  7         240.40205  Florida Academic Scholars award.--

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

  9  public postsecondary education institution is eligible for an

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

11  fees, as defined by the department, and $300 per semester, or

12  the equivalent, $600 for college-related expenses annually. A

13  student who is enrolled in a nonpublic postsecondary education

14  institution is eligible for an award equal to the amount that

15  would be required to pay for the average matriculation and

16  fees of a public postsecondary education institution at the

17  comparable level, plus $300 per semester, or the equivalent,

18  for college-related expenses the annual $600.

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

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

21  requirements of s. 240.40203 and the maintain the equivalent

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

23  the equivalent, for all postsecondary education work

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

25  restoration reinstatement as provided in this act.

26         (4)  In each school district, the Florida Academic

27  Scholar with the highest academic ranking shall receive an

28  additional award of $750 per semester, or the equivalent,

29  $1,500 for college-related expenses. This award must be funded

30  from the Florida Bright Futures Scholarship Program.

31

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  1         Section 7.  Section 240.40206, Florida Statutes, is

  2  amended to read:

  3         240.40206  Florida Merit Scholars award.--

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

  5  award if the student meets the general eligibility

  6  requirements for the Florida Bright Futures Scholarship

  7  Program and the student:

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

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

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

11  and recommended by the State Board of Community Colleges as

12  college-preparatory academic courses; and

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

14  rules of the Department of Education on the combined verbal

15  and quantitative parts of the Scholastic Aptitude Test, the

16  Scholastic Assessment Test, or the recentered Scholastic

17  Assessment Test of the College Entrance Examination, or an

18  equivalent score on the American College Testing Program; or

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

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

21  International Baccalaureate curriculum but failed to earn the

22  International Baccalaureate Diploma, and has attained at least

23  the score identified by rules of the Department of Education

24  on the combined verbal and quantitative parts of the

25  Scholastic Aptitude Test, the Scholastic Assessment Test, or

26  the recentered Scholastic Assessment Test of the College

27  Entrance Examination, or an equivalent score on the American

28  College Testing Program; or.

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

30  programs of the National Merit Scholarship Corporation as a

31

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

  2  community service as provided by s. 240.40205.

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

  4  equal to the amount required to pay 75 percent of

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

  6  student is enrolled in a public postsecondary education

  7  institution. A student who is enrolled in a nonpublic

  8  postsecondary education institution is eligible for an award

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

10  of the matriculation and fees of a public postsecondary

11  education institution at the comparable level.

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

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

14  requirements of s. 240.40203 and the maintain the equivalent

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

16  or the equivalent, for all postsecondary education work

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

18  reinstatement one restoration time as provided in this act.

19         Section 8.  Paragraphs (a) and (e) of subsection (1),

20  and subsections (2), (3), and (4) of section 240.40207,

21  Florida Statutes, are amended, and subsections (5), (6), and

22  (7) are added to said section, to read:

23         240.40207  Florida Gold Seal Vocational Scholars

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

25  created within the Florida Bright Futures Scholarship Program

26  to recognize and reward academic achievement and vocational

27  preparation by high school students who wish to continue their

28  education.

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

30  Vocational Scholars award if the student meets the general

31

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  1  eligibility requirements for the Florida Bright Futures

  2  Scholarship Program and the student:

  3         (a)  Successfully completes the secondary school

  4  portion of a sequential program of studies that requires at

  5  least three secondary school vocational credits in one program

  6  of study, as identified by the Department of Education taken

  7  over at least 2 academic years, and is continued in a planned,

  8  related postsecondary education program. If the student's

  9  school does not offer such a two-plus-two or tech-prep

10  program, the student must complete a job-preparatory career

11  education program selected by the Occupational Forecasting

12  Conference or the Workforce Development Board of Enterprise

13  Florida for its ability to provide high-wage employment in an

14  occupation with high potential for employment opportunities.

15  On-the-job training may not be substituted for any of the

16  three required vocational credits.

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

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

19  Education.

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

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

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

23  student is enrolled in a public postsecondary education

24  institution. A student who is enrolled in a nonpublic

25  postsecondary education institution is eligible for an award

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

27  of the matriculation and mandatory fees of a public

28  postsecondary education institution at the comparable level.

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

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

31  the requirements of s. 240.40203 and the maintain the

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

  2  4.0 scale, or the equivalent, for all postsecondary education

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

  4  reinstatement one restoration time as provided in this act.

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

  6  Scholarship for 110 percent of the number of credit hours

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

  8  the equivalent. A Florida Gold Seal Scholar who has a

  9  cumulative grade point average of 2.75 in all postsecondary

10  education work attempted may apply for a Florida Merit

11  Scholars award at any renewal period. All other provisions of

12  that program apply, and the credit-hour limitation must be

13  calculated by subtracting from the student's total eligibility

14  the number of credit hours the student attempted while earning

15  the Gold Seal Vocational Scholarship.

16         (5)  Beginning with the fall term of 2002, a Florida

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

18  baccalaureate degree-granting institution, unless the award is

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

20  2002 or as otherwise provided for in this section.

21         (6)  Upon successful completion of an associate degree

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

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

24  at an eligible postsecondary education institution is eligible

25  to transfer to the Florida Merit Scholars award component of

26  the Florida Bright Futures Scholarship Program. Should the

27  student receive an associate degree prior to the end of an

28  academic year and enroll in the baccalaureate degree program

29  during a subsequent term of the same academic year, the

30  student is eligible to continue to receive the Florida Gold

31  Seal Vocational Scholars award for the duration of that

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  1  academic year. If necessary, the department is authorized to

  2  provide an exception to the 90 semester hour limit, or the

  3  equivalent, through the end of that academic year. Other than

  4  initial eligibility criteria, all other requirements of the

  5  Florida Merit Scholars award shall apply to a student who

  6  transfers to that program pursuant to the provisions of this

  7  section. The credit hour limitation must be calculated by

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

  9  credit hours for which the student has already received

10  funding under the Florida Bright Futures Scholarship Program.

11         (7)  If a Florida Gold Seal Vocational Scholar received

12  an initial award prior to the fall term of 2002, and has a

13  cumulative grade point average of 2.75 in all postsecondary

14  education work attempted, the Department of Education may

15  transfer the student to the Florida Merit Scholars award

16  component of the Florida Bright Futures Scholarship Program at

17  any renewal period. All other provisions of that program

18  apply, and the credit hour limitation must be calculated by

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

20  credit hours for which the student has already received

21  funding under the Florida Bright Futures Scholarship Program.

22         Section 9.  Section 240.40209, Florida Statutes, is

23  amended to read:

24         240.40209  Bright Futures Scholarship recipients

25  attending nonpublic institutions; calculation of

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

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

28  Florida Bright Futures Scholarship Program, who is enrolled in

29  a nonpublic postsecondary education institution, and who is

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

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

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  1  award calculated by using the average matriculation and fee

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

  3  full-time attendance at a public postsecondary educational

  4  education institution at the comparable level. If the student

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

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

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

  8  on the level of fees assessed.

  9         Section 10.  Paragraph (a) of subsection (1) and

10  subsection (3) of section 240.404, Florida Statutes, are

11  amended to read:

12         240.404  General requirements for student eligibility

13  for state financial aid.--

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

15  students for state financial aid awards consist of the

16  following:

17         1.  Achievement of the academic requirements of and

18  acceptance at a state university or community college; a

19  nursing diploma school approved by the Florida Board of

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

21  which is accredited by an accrediting agency recognized by the

22  United States Department of Education a member of the

23  Commission on Recognition of Postsecondary Accreditation; any

24  Florida institution the credits of which are acceptable for

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

26  any private vocational-technical institution accredited by an

27  accrediting agency recognized by the United States Department

28  of Education a member of the Commission on Recognition of

29  Postsecondary Accreditation.

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

31  preceding the award of aid for a program established pursuant

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

  2  240.4125, s. 240.413, s. 240.4987, s. 240.605, or s. 240.606.

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

  4  obtain an education. Resident status for purposes of receiving

  5  state financial aid awards shall be determined in the same

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

  7  240.1201 and rules of the State Board of Education.

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

  9  resident by a postsecondary institution for initial receipt of

10  state-funded student financial assistance and has been

11  determined eligible to participate in a financial assistance

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

13  financial aid programs if he or she maintains continuous

14  enrollment at the postsecondary institution, with no break in

15  enrollment greater than 12 consecutive months.

16         3.  Submission of certification attesting to the

17  accuracy, completeness, and correctness of information

18  provided to demonstrate a student's eligibility to receive

19  state financial aid awards. Falsification of such information

20  shall result in the denial of any pending application and

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

22  further payments shall be made. Additionally, students who

23  knowingly make false statements in order to receive state

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

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

26  be required to return all state financial aid awards

27  wrongfully obtained.

28         (3)  Undergraduate students shall be eligible to

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

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

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

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  1  or 12 quarters. However, undergraduate students participating

  2  in college-preparatory instruction, students requiring

  3  additional time to complete the college-level communication

  4  and computation skills testing programs, or students enrolled

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

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

  7  quarters.

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

  9  Florida Statutes, is amended to read:

10         240.4064  Critical teacher shortage tuition

11  reimbursement program.--

12         (3)  Participants may receive tuition reimbursement

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

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

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

16  tuition reimbursements shall be contingent on passing an

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

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

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

20  amended to read:

21         240.412  Jose Marti Scholarship Challenge Grant

22  Program.--

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

24  scholarship pursuant to this section, an applicant shall:

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

26  culture with origins in Mexico, South America, Central

27  America, or the Caribbean, regardless of race.

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

29  general requirements for student eligibility as provided in s.

30  240.404, except as otherwise provided in this section.

31

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  1         3.  Be accepted at a state university or community

  2  college or any Florida college or university accredited by an

  3  accrediting agency recognized by the United States Department

  4  of Education a member of the Commission on Recognition of

  5  Postsecondary Accreditation the credits of which are

  6  acceptable without qualification for transfer to state

  7  universities.

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

  9  student.

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

11  scale, or the equivalent for high school subjects creditable

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

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

14  point average for undergraduate college-level courses.

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

16  $2,000. Priority in the distribution of scholarships shall be

17  given to students with the lowest total family resources.

18  Renewal scholarships shall take precedence over new awards in

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

20  need.  No undergraduate student shall receive an award for

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

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

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

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

25  or 6 quarters.

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

27  240.413, Florida Statutes, is amended to read:

28         240.413  Seminole and Miccosukee Indian Scholarships.--

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

30  students who:

31

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

  2  college authorized by Florida law; a nursing diploma school

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

  4  university, or community college which is 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; or any Florida institution the

  8  credits of which are acceptable for transfer to state

  9  universities;

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

11  Statutes, is amended to read:

12         240.437  Student financial aid planning and

13  development.--

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

15  financial assistance programs authorized by state law that are

16  administered by the Bureau of Student Financial Assistance of

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

18  are not funded for 3 consecutive years after enactment shall

19  stand repealed.  Financial aid programs provided under this

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

21  years shall stand repealed.  The Bureau Office of Student

22  Financial Assistance of the Department of Education shall

23  annually review the legislative appropriation of financial aid

24  to identify such programs.

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

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

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

28  respectively, to read:

29         240.465  Delinquent accounts.--

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

31  be in default in making legally required scholarship loan,

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  1  student loan, or guaranteed loan repayments shall be furnished

  2  with his or her academic transcripts or other student records

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

  4  status has been removed.

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

  6  Florida Statutes, is amended to read:

  7         240.472  Definitions.--As used in this act:

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

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

10  accrediting agency recognized by the United States Department

11  of Education and holds membership in the Commission on

12  Recognition of Postsecondary Accreditation; which grants

13  baccalaureate or associate degrees; which is not a pervasively

14  sectarian institution; and which does not discriminate in the

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

16  sex, or creed.

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

18  Statutes, is amended to read:

19         295.01  Children of deceased or disabled veterans;

20  education.--

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

22  state to provide educational opportunity at state expense for

23  dependent children either of whose parents was a resident of

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

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

26  preceding the child's application for benefits under this

27  section, and who:

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

29  disease contracted during a period of wartime service as

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

31

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  1  from diseases or disability resulting from such war service,

  2  or

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

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

  5         1.  Determined by the United States Department of

  6  Veterans Affairs or its predecessor to have a

  7  service-connected 100-percent total and permanent disability

  8  rating for compensation,

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

10  permanent disability rating of 100 percent and is in receipt

11  of disability retirement pay from any branch of the United

12  States Armed Services, or

13         3.  Issued a valid identification card by the

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

15

16  when the parents of such children have been bona fide

17  residents of the state for 5 years next preceding their

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

19  restrictions, and limitations hereof.

20         Section 18.  Section 295.02, Florida Statutes, is

21  amended to read:

22         295.02  Use of funds; age, etc.--

23         (1)  All sums appropriated and expended under this

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

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

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

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

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

29  s. 295.018, or s. 295.0195., or of

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

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

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

  2  16 and 22 years, and who are in attendance at:

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

  4  including a community college or vocational-technical school,

  5  or

  6         (b)  Any postsecondary institution eligible to

  7  participate in the Florida Bright Futures Scholarship program.

  8

  9  A student attending an eligible private postsecondary

10  institution may receive an award equivalent to the average

11  matriculation and fees calculated for full-time attendance at

12  a public postsecondary institution at the comparable level.

13  Any child having entered upon a course of training or

14  education under the provisions of this chapter, consisting of

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

16  22 years before the completion of such course may continue the

17  course and receive all benefits of the provisions of this

18  chapter until the course is completed.

19         (3)  The Department of Education shall administer this

20  educational program, subject to rules of the State Board of

21  Education regulations of the department. The State Board of

22  Education is authorized to adopt rules to implement the

23  provisions of this program.

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

25  Florida Statutes, are repealed.

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

27  246.041, Florida Statutes, is amended to read:

28         246.041  Powers and duties of board.--

29         (1)  The board shall:

30         (r)  Provide information and documentation on an annual

31  basis to the Office of Student Financial Assistance of the

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  1  Department of Education regarding the requirements set forth

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

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

  4  relating to access grants for community college graduates, and

  5  s. 240.609, relating to Florida postsecondary endowment

  6  grants.

  7         Section 21.  Subsections (3) through (6) of section

  8  240.409, Florida Statutes, are renumbered as subsections (4)

  9  through (7), respectively, present subsection (2) is

10  renumbered and amended, and a new subsection (2) is added to

11  said section, to read:

12         240.409  Florida Public Student Assistance Grant

13  Program; eligibility for grants.--

14         (2)  The department is directed to establish, for fall

15  enrollment, an initial application deadline for students

16  attending all eligible institutions and an additional

17  application deadline for community college applicants who

18  apply after the initial application deadline.  The second

19  community college deadline shall be at the close of each

20  institution's drop-add period.  The department shall reserve

21  an amount to be designated annually in the General

22  Appropriations Act for the purpose of providing awards to

23  community college students who apply for a student assistance

24  grant after the initial application deadline.  Community

25  college applicants who apply during the initial application

26  period and are eligible to receive an award, but do not

27  receive an award because of insufficient funds, shall have

28  their applications reconsidered with those community college

29  applicants who apply after the initial application deadline.

30         (3)(2)(a)  State student assistance grants through the

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

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

  2  per semester and who meet the general requirements for student

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

  4  provided in this section.  Such grants shall be awarded

  5  annually for the amount of demonstrated unmet need for the

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

  7  average prior academic year cost of matriculation fees and

  8  other registration fees for 30 credit hours at state

  9  universities or such other amount as specified in the General

10  Appropriations Act, to any recipient. A demonstrated unmet

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

12  for a state student assistance grant. Recipients of such

13  grants must have been accepted at a state university or

14  community college authorized by Florida law.  No student may

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

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

17  provided in s. 240.404(3).

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

19  assistance grant shall be required to apply for the Pell

20  Grant. The Pell Grant entitlement shall be considered when

21  conducting an assessment of the financial resources available

22  to each student.

23         (c)  Priority in the distribution of grant moneys shall

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

25  in accordance with a nationally recognized system of need

26  analysis. Using the system of need analysis, the department

27  shall establish a maximum expected family contribution. An

28  institution may not make a grant from this program to a

29  student whose expected family contribution exceeds the level

30  established by the department.  An institution may not impose

31

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  1  additional criteria to determine a student's eligibility to

  2  receive a grant award.

  3         (d)  Each participating institution shall report, to

  4  the department by the established date, the eligible students

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

  6  institution shall also report to the department necessary

  7  demographic and eligibility data for such students.

  8         Section 22.  Subsections (3) through (6) of section

  9  240.4095, Florida Statutes, are renumbered as subsections (4)

10  through (7), respectively, present subsection (2) is

11  renumbered and amended, and a new subsection (2) is added to

12  said section, to read:

13         240.4095  Florida Private Student Assistance Grant

14  Program; eligibility for grants.--

15         (2)  The department is directed to establish, for fall

16  enrollment, an initial application deadline.

17         (3)(2)(a)  Florida private student assistance grants

18  from the State Student Financial Assistance Trust Fund may be

19  made only to full-time degree-seeking students who enroll in

20  at least 6 semester hours, or the equivalent, per semester and

21  who meet the general requirements for student eligibility as

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

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

24  demonstrated unmet need for tuition and fees and may not

25  exceed an amount equal to the average matriculation and other

26  registration fees for 30 credit hours at state universities

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

28  Appropriations Act, to any applicant.  A demonstrated unmet

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

30  for a Florida private student assistance grant. Recipients of

31  such grants must have been accepted at a

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  1  baccalaureate-degree-granting independent nonprofit college or

  2  university, which is accredited by the Commission on Colleges

  3  of the Southern Association of Colleges and Schools and which

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

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

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

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

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

  9  assistance grant shall be required to apply for the Pell

10  Grant. The Pell Grant entitlement shall be considered when

11  conducting an assessment of the financial resources available

12  to each student.

13         (c)  Priority in the distribution of grant moneys shall

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

15  in accordance with a nationally recognized system of need

16  analysis. Using the system of need analysis, the department

17  shall establish a maximum expected family contribution. An

18  institution may not make a grant from this program to a

19  student whose expected family contribution exceeds the level

20  established by the department.  An institution may not impose

21  additional criteria to determine a student's eligibility to

22  receive a grant award.

23         (d)  Each participating institution shall report, to

24  the department by the established date, the eligible students

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

26  institution shall also report to the department necessary

27  demographic and eligibility data for such students.

28         Section 23.  Subsections (3) through (7) of section

29  240.4097, Florida Statutes, are renumbered as subsections (4)

30  through (8), respectively, present subsection (2) is

31

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  1  renumbered and amended, and a new subsection (2) is added to

  2  said section, to read:

  3         240.4097  Florida Postsecondary Student Assistance

  4  Grant Program; eligibility for grants.--

  5         (2)  The department is directed to establish, for fall

  6  enrollment, an initial application deadline.

  7         (3)(2)(a)  Florida postsecondary student assistance

  8  grants through the State Student Financial Assistance Trust

  9  Fund may be made only to full-time degree-seeking students who

10  enroll in at least 6 semester hours, or the equivalent, per

11  semester and who meet the general requirements for student

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

13  provided in this section.  Such grants shall be awarded for

14  the amount of demonstrated unmet need for tuition and fees and

15  may not exceed an amount equal to the average prior academic

16  year cost of matriculation and other registration fees for 30

17  credit hours at state universities plus $1,000 per academic

18  year, or as specified in the General Appropriations Act, to

19  any applicant.  A demonstrated unmet need of less than $200

20  shall render the applicant ineligible for a Florida

21  postsecondary student assistance grant.  Recipients of such

22  grants must have been accepted at a postsecondary institution

23  that is located in the state and that is:

24         1.  A private nursing diploma school approved by the

25  Florida Board of Nursing; or

26         2.  An institution either licensed by the State Board

27  of Independent Colleges and Universities or exempt from

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

29  institutions the students of which are eligible to receive a

30  Florida private student assistance grant pursuant to s.

31  240.4095.

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  1

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

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

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

  5         (b)  A student applying for a Florida postsecondary

  6  student assistance grant shall be required to apply for the

  7  Pell Grant. The Pell Grant entitlement shall be considered

  8  when conducting an assessment of the financial resources

  9  available to each student.

10         (c)  Priority in the distribution of grant moneys shall

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

12  in accordance with a nationally recognized system of need

13  analysis. Using the system of need analysis, the department

14  shall establish a maximum expected family contribution. An

15  institution may not make a grant from this program to a

16  student whose expected family contribution exceeds the level

17  established by the department.  An institution may not impose

18  additional criteria to determine a student's eligibility to

19  receive a grant award.

20         (d)  Each participating institution shall report, to

21  the department by the established date, the eligible students

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

23  institution shall also report to the department necessary

24  demographic and eligibility data for such students.

25         Section 24.  Section 240.4099, Florida Statutes, is

26  created to read:

27         240.4099  Florida student assistance grant programs;

28  priority for receiving grants.--In addition to priorities and

29  criteria for the distribution of Florida student assistance

30  grant program funds established in ss. 240.409, 240.4095, and

31

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  1  240.4097, priority in the distribution of grant money to

  2  initial applicants shall be given in the following order:

  3         (1)  To the full-time students with the most financial

  4  need, as determined by the Department of Education.

  5         (2)  To students with financial need who graduate from

  6  public Florida high schools, who have completed the high

  7  school courses that are adopted by the Board of Regents and

  8  recommended by the State Board of Community Colleges as

  9  college-preparatory academic courses, and who rank in the top

10  20 percent of their high school graduating class.  Class rank

11  shall be determined by the Department of Education.

12         (3)  To other full-time students with financial need.

13         (4)  To other part-time students with financial need,

14  if funds are remaining.

15

16  An institution may not impose additional criteria to determine

17  a student's eligibility to receive a grant award. 

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

19

20

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27

28

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