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





                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Kirkpatrick moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Subsection (9) of section 239.115, Florida

18  Statutes, is amended to read:

19         239.115  Funds for operation of adult general education

20  and vocational education programs.--

21         (9)  The Department of Education, the State Board of

22  Community Colleges, and the Jobs and Education Partnership

23  shall provide the Legislature with recommended formulas,

24  criteria, timeframes, and mechanisms for distributing

25  performance funds. The commissioner shall consolidate the

26  recommendations and develop a consensus proposal for funding.

27  The Legislature shall adopt a formula and distribute the

28  performance funds to the Division of Community Colleges and

29  the Division of Workforce Development through the General

30  Appropriations Act. The Legislature recognizes that community

31  colleges and school districts must provide programs that are

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1  current and meet the demands of business and industry.

 2  Therefore, the Legislature intends that the funding formula

 3  set forth in this section not penalize institutions which

 4  convert out-of-date or low demand programs into high

 5  skill/high wage programs as identified by the State Workforce

 6  Development Board.  The Legislature also intends that

 7  performance exemptions be granted to institutions that start

 8  new or significantly expand existing workforce development

 9  education programs for a period not to exceed 2 years from the

10  implementation of the new or significantly expanded program.

11  These recommendations shall be based on formulas that would

12  discourage low-performing or low-demand programs and encourage

13  through performance-funding awards:

14         (a)  Programs that prepare people to enter high-wage

15  occupations identified by the Occupational Forecasting

16  Conference created by s. 216.136 and other programs as

17  approved by the Jobs and Education Partnership. At a minimum,

18  performance incentives shall be calculated for adults who

19  reach completion points or complete programs that lead to

20  specified high-wage employment and to their placement in that

21  employment.

22         (b)  Programs that successfully prepare adults who are

23  eligible for public assistance, economically disadvantaged,

24  disabled, not proficient in English, or dislocated workers for

25  high-wage occupations.  At a minimum, performance incentives

26  shall be calculated at an enhanced value for the completion of

27  adults identified in this paragraph and job placement of such

28  adults upon completion. In addition, adjustments may be made

29  in payments for job placements for areas of high unemployment.

30         (c)  Programs identified by the Jobs and Education

31  Partnership as increasing the effectiveness and cost

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1  efficiency of education.

 2         Section 2.  Subsections (5) and (8) and paragraph (a)

 3  of subsection (6) of section 239.117, Florida Statutes, are

 4  amended, and subsection (18) of said section is amended and

 5  redesignated as paragraph (b) of subsection (8) of said

 6  section, to read:

 7         239.117  Workforce development postsecondary student

 8  fees.--

 9         (5)  School districts and community colleges may waive

10  fees for any fee-nonexempt student. The total value of fee

11  waivers granted by the school district or community college

12  may not exceed 8 percent of the district's or community

13  college's postsecondary vocational certificate program

14  enrollment hours unless otherwise indicated by an the amount

15  established annually in the General Appropriations Act. Any

16  student whose fees are waived in excess of the authorized

17  amount may not be reported for state funding purposes. Any

18  school district or community college that waives fees and

19  requests state funding for a student in violation of the

20  provisions of this section shall be penalized at a rate equal

21  to 2 times the value of the full-time student enrollment

22  reported.

23         (6)(a)  The Commissioner of Education shall provide to

24  the State Board of Education no later than January December 31

25  of each year a schedule of fees for workforce development

26  education, excluding continuing workforce education, for

27  school districts and community colleges. The fee schedule

28  shall be based on the amount of student fees necessary to

29  produce 25 percent of the prior year's average cost of a

30  course of study leading to a certificate or diploma. At the

31  discretion of a school board or a community college, this fee

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1  schedule may be implemented over a 3-year period, with full

 2  implementation in the 1999-2000 school year. In years

 3  preceding that year, if fee increases are necessary for some

 4  programs or courses, the fees shall be raised in increments

 5  designed to lessen their impact upon students already

 6  enrolled. Fees for students who are not residents for tuition

 7  purposes must offset the full cost of instruction.

 8  Fee-nonexempt students enrolled in vocational-preparatory

 9  instruction shall be charged fees equal to the fees charged

10  for certificate career education instruction. Each community

11  college that conducts college-preparatory and

12  vocational-preparatory instruction in the same class section

13  may charge a single fee for both types of instruction.

14         (8)  Each school board and community college board of

15  trustees may establish a separate additional fee for financial

16  aid purposes and a separate additional fee for technology,

17  which in sum do not exceed 10 percent of the base

18  matriculation fee assessed for workforce development programs

19  funded through the Workforce Development Education Fund.  Each

20  school board and community college board of trustees may also

21  establish additional financial aid and technology fees for

22  non-resident students, which in sum do not exceed 10 percent

23  of the base tuition fee assessed for workforce development

24  programs funded through the Workforce Development Education

25  Fund.  When established, fees shall be assessed pursuant to

26  the following criteria:

27         (a)  Each school board and community college board of

28  trustees may establish a separate fee for financial aid

29  purposes in an additional amount of up to 10 percent of the

30  student fees collected for workforce development programs

31  funded through the Workforce Development Education Fund.  All

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1  financial aid fees collected shall be deposited into a

 2  separate workforce development student financial aid fee trust

 3  fund of the district or community college to support students

 4  enrolled in workforce development programs. Any undisbursed

 5  balance remaining in the trust fund and interest income

 6  accruing to investments from the trust fund shall increase the

 7  total funds available for distribution to workforce

 8  development education students. Awards shall be based on

 9  student financial need and distributed in accordance with a

10  nationally recognized system of need analysis, as established

11  by each school board or community college district board of

12  trustees approved by the State Board for Career Education.

13  Fees collected pursuant to this paragraph subsection shall be

14  allocated in an expeditious manner.

15         (b)(18)  Technology fee revenues must be expended in

16  accordance with technology improvement plans related to

17  vocational certificate programs and shall not supplant funding

18  expended in the prior year's budget for these purposes. Each

19  district school board and community college district board of

20  trustees is authorized to establish a separate fee for

21  technology, not to exceed $1.80 per credit hour or credit-hour

22  equivalent for resident students and not more than $5.40 per

23  credit hour or credit-hour equivalent for nonresident

24  students, or the equivalent, to be expended in accordance with

25  technology improvement plans. The technology fee may apply

26  only to associate degree programs and courses. Fifty percent

27  of technology fee revenues may be pledged by a community

28  college board of trustees as a dedicated revenue source for

29  the repayment of debt, including lease-purchase agreements,

30  not to exceed the useful life of the asset being financed.

31  Revenues generated from the technology fee may not be bonded.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1         Section 3.  Subsection (19) is added to section

 2  239.117, Florida Statutes, to read:

 3         239.117  Workforce development postsecondary student

 4  fees.--

 5         (19)  Provisions of this section notwithstanding, no

 6  institution will be required to reduce fees for workforce

 7  development programs.

 8         Section 4.  Subsections (2) and (3) of section 239.213,

 9  Florida Statutes, are amended to read:

10         239.213  Vocational-preparatory instruction.--

11         (2)  Students who enroll in a certificate career

12  education program of 450 hours or more shall complete an

13  entry-level examination within the first 6 weeks of admission

14  into the program.  The state board shall designate

15  examinations that are currently in existence, the results of

16  which are comparable across institutions, to assess student

17  mastery of basic skills. Any student deemed to lack a minimal

18  level of basic skills for such program shall be referred to

19  vocational-preparatory instruction or adult basic education

20  for a structured program of basic skills instruction. Such

21  instruction may include English for speakers of other

22  languages.  A student may not receive a certificate of

23  vocational program completion prior to demonstrating the basic

24  skills required in the state curriculum frameworks for the

25  vocational program.

26         (3)  Any student with disabilities who meets the

27  criteria established in s. 240.152 or s. 240.153 Exceptional

28  students, as defined in s. 228.041, may be exempted from the

29  provisions of this section.  A student who possesses an

30  associate in arts, baccalaureate, or graduate-level degree,

31  who has completed the college-level communication and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1  computation skills examination pursuant to s. 240.107, or who

 2  is exempt from the college entry-level examination pursuant to

 3  s. 240.107 may be exempted from the provisions of this

 4  section. Pursuant to 29 C.F.R. part 30, students in registered

 5  apprenticeship programs may also be exempted from the

 6  provisions of this section.

 7         Section 5.  Section 239.514, Florida Statutes, is

 8  amended to read:

 9         239.514  Workforce Development Capitalization Incentive

10  Grant Program.--The Legislature recognizes that the need for

11  school districts and community colleges to be able to respond

12  to emerging local or statewide economic development needs is

13  critical to the workforce development system. The Workforce

14  Development Capitalization Incentive Grant Program is created

15  to provide grants to school districts and community colleges

16  on a competitive basis to fund some or all of the costs

17  associated with the creation or expansion of workforce

18  development programs that serve specific employment workforce

19  needs. Funds may also be used to upgrade workforce development

20  programs to established industry standards in accordance with

21  program updates conducted by the Division of Community

22  Colleges and the Division of Workforce Development.

23         (1)  Funds awarded for a workforce development

24  capitalization incentive grant may be used for instructional

25  equipment, laboratory equipment, supplies, personnel, student

26  services, or other expenses associated with the creation,

27  upgrade, or expansion of a workforce development program.

28  Expansion of a program may include either the expansion of

29  enrollments in a program or expansion into new areas of

30  specialization within a program. No grant funds may be used

31  for recurring instructional costs or for institutions'

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1  indirect costs.

 2         (2)  The Postsecondary Education Planning Commission

 3  shall accept applications from school districts or community

 4  colleges for workforce development capitalization incentive

 5  grants. Applications from school districts or community

 6  colleges shall contain projected enrollments and projected

 7  costs for the new or expanded workforce development program.

 8  The Postsecondary Education Planning Commission, in

 9  consultation with the Jobs and Education Partnership, the

10  Department of Education, and the State Board of Community

11  Colleges, shall review and rank each application for a grant

12  according to subsection (3) and shall submit to the

13  Legislature a list in priority order of applications

14  recommended for a grant award.

15         (3)  The commission shall give highest priority to

16  programs that train people to enter high-skill, high-wage

17  occupations identified by the occupational forecasting

18  conference and other programs approved by the Jobs and

19  Education Partnership; programs that train people to enter

20  occupations on the WAGES list; or programs that train for the

21  workforce adults who are eligible for public assistance,

22  economically disadvantaged, disabled, not proficient in

23  English, or dislocated workers. The commission shall consider

24  the statewide geographic dispersion of grant funds in ranking

25  the applications and shall give priority to applications from

26  education agencies that are making maximum use of their

27  workforce development funding by offering high-performing,

28  high-demand programs.

29         Section 6.  Subsection (11) is added to section

30  240.1201, Florida Statutes, to read:

31         240.1201  Determination of resident status for tuition

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1  purposes.--Students shall be classified as residents or

 2  nonresidents for the purpose of assessing tuition fees in

 3  public community colleges and universities.

 4         (11)  The State Board of Education is authorized to

 5  adopt rules regarding the classification of students as

 6  residents or nonresidents for tuition purposes to implement

 7  the provisions of this section.

 8         Section 7.  Section 240.152, Florida Statutes, is

 9  amended to read:

10         240.152  Individuals who have disabilities Impaired and

11  learning disabled persons; admission to postsecondary

12  institutions; substitute requirements; rules.--Any person who

13  is hearing impaired, visually impaired, speech impaired, or

14  otherwise physically impaired, or dyslexic, or who has a

15  specific learning disability, or who has a physical or mental

16  impairment as defined in State Board of Education rule, shall

17  be eligible for reasonable substitution for any requirement

18  for admission to a state university, community college, or

19  other postsecondary degree career education institution where

20  documentation can be provided that the person's failure to

21  meet the admission requirement is related to the disability.

22  The State Board of Education, the Board of Regents, and the

23  State Board of Community Colleges shall adopt rules to

24  implement this section and shall develop substitute admission

25  requirements where appropriate.

26         Section 8.  Section 240.153, Florida Statutes, is

27  amended to read:

28         240.153  Individuals who have disabilities Impaired and

29  learning disabled persons; graduation, study program

30  admission, and upper-division entry; substitute requirements;

31  rules.--Any student in a state university, community college,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1  or other postsecondary degree career education institution who

 2  is hearing impaired, visually impaired, speech impaired, or

 3  otherwise physically impaired, or dyslexic, or who has a

 4  specific learning disability, or who has a physical or mental

 5  impairment as defined in State Board of Education rule, shall

 6  be eligible for reasonable substitution for any requirement

 7  for graduation, for admission into a program of study, or for

 8  entry into upper division where documentation can be provided

 9  that the person's failure to meet the requirement is related

10  to the disability and where the failure to meet the graduation

11  requirement or program admission requirement does not

12  constitute a fundamental alteration in the nature of the

13  program. The State Board of Education, the Board of Regents,

14  and the State Board of Community Colleges shall adopt rules to

15  implement this section and shall develop substitute

16  requirements where appropriate.

17         Section 9.  Paragraphs (g) and (j) of subsection (3),

18  paragraph (c) of subsection (5), and paragraph (d) of

19  subsection (8) of section 240.311, Florida Statutes, are

20  amended to read:

21         240.311  State Board of Community Colleges; powers and

22  duties.--

23         (3)  The State Board of Community Colleges shall:

24         (g)  Specify, by rule, Recommend to the State Board of

25  Education minimum standards for the operation of each

26  community college as required in s. 240.325, which standards

27  may include, but are not limited to, general qualifications of

28  personnel, budgeting, accounting and financial procedures,

29  educational programs, student admissions and services, and

30  community services.

31         (j)  Establish, by rule, criteria for making

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1  recommendations relative to modifying district boundary lines

 2  and for making recommendations upon all proposals for the

 3  establishment of additional centers, instructional sites,

 4  special purpose centers, or campuses for community colleges.

 5         (5)  The State Board of Community Colleges is

 6  responsible for reviewing and administering the state program

 7  of support for the Florida Community College System and,

 8  subject to existing law, shall:

 9         (c)  Provide for and coordinate implementation of the

10  community college program fund in accordance with provisions

11  of ss. 240.359 and 240.323 and in accordance with rules of the

12  State Board of Community Colleges Education.

13         (8)

14         (d)  By December 31, 1999, and annually thereafter, the

15  State Board of Community Colleges shall report on the

16  implementation of this section to the Speaker of the House of

17  Representatives and the President of the Senate.

18         Section 10.  Section 240.321, Florida Statutes, is

19  amended to read:

20         240.321  Community college district board of trustees;

21  rules for admissions of students.--The board of trustees shall

22  make rules governing admissions of students.  These rules

23  shall include the following:

24         (1)  Admissions counseling shall be provided to all

25  students entering college credit programs, which counseling

26  shall utilize tests to measure achievement of college-level

27  communication and computation competencies by all students

28  entering college credit programs.

29         (2)  Admission to associate degree programs is subject

30  to minimum standards adopted by the State Board of Education

31  and shall require:

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1         (a)  A standard high school diploma, a high school

 2  equivalency diploma as prescribed in s. 229.814, previously

 3  demonstrated competency in college credit postsecondary

 4  coursework, or, in the case of a student who is home educated,

 5  a signed affidavit submitted by the student's parent or legal

 6  guardian attesting that the student has completed a home

 7  education program pursuant to the requirements of s. 232.0201.

 8  Students who are enrolled in a dual enrollment or early

 9  admission program pursuant to s. 240.116 and secondary

10  students enrolled in college-level instruction creditable

11  toward the associate degree, but not toward the high school

12  diploma, shall be exempt from this requirement.

13         (b)  A demonstrated level of achievement of

14  college-level communication and computation skills. Students

15  entering a postsecondary education program within 2 years of

16  graduation from high school with an earned college-ready

17  diploma issued pursuant to s. 232.2466 shall be exempt from

18  this testing requirement.

19         (c)  Any other requirements established by the board of

20  trustees.

21         (3)  Admission to other programs within the community

22  college shall include education requirements as established by

23  the board of trustees.

24

25  Each board of trustees shall establish policies that notify

26  students about, and place students into, adult basic

27  education, adult secondary education, or other instructional

28  programs that provide students with alternatives to

29  traditional college-preparatory instruction, including private

30  provider instruction. Such notification shall include a

31  written listing or a prominent display of information on

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1  alternative remedial options that must be available to each

 2  student who scores below college level in any area on the

 3  common placement test. The list or display shall include, but

 4  is not limited to, options provided by the community college,

 5  adult education programs, and programs provided by private

 6  sector providers. The college shall not endorse, recommend,

 7  evaluate, or rank any of the providers. The list of providers

 8  or the display materials shall include all those providers

 9  that request to be included. The written list must provide

10  students with specific contact information and disclose the

11  full costs of the course tuition, laboratory fees, and

12  instructional materials of each option listed. A student who

13  elects a private provider for remedial instruction is entitled

14  to enroll in up to 12 credits of college-level courses in

15  skill areas other than those for which the student is being

16  remediated. A student is prohibited from enrolling in

17  additional college-level courses until the student scores

18  above the cut-score on all sections of the common placement

19  test.

20         Section 11.  Section 240.325, Florida Statutes, is

21  amended to read:

22         240.325  Minimum standards, definitions, and guidelines

23  for community colleges.--Subject to the provisions of s.

24  240.311(2), the State Board of Community Colleges Education

25  shall prescribe, by rule, minimum standards, definitions, and

26  guidelines for community colleges and the Division of

27  Community Colleges which will assure the quality of education,

28  systemwide coordination, and efficient progress toward

29  attainment of the community college mission. The State Board

30  of Community Colleges shall adopt rules addressing At a

31  minimum, these rules must address:

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1         (1)  Personnel.

 2         (2)  Contracting.

 3         (3)  Program offerings and classification including

 4  college-level communication and computation skills associated

 5  with successful performance in college, with tests and other

 6  assessment procedures which measure student achievement of

 7  those skills. The performance measures shall provide that

 8  students moving from one level of education to the next

 9  acquire the necessary competencies for that level.

10         (4)  Provisions for curriculum development, graduation

11  requirements, accreditation, college calendars, and program

12  service areas.  These provisions shall include rules that:

13         (a)  Provide for the award of an associate in arts

14  degree to a student who successfully completes 60 semester

15  credit hours at the community college.

16         (b)  Require all of the credits accepted for the

17  associate in arts degree to be in the common course numbering

18  and designation system as credits toward a baccalaureate

19  degree offered by a university in the State University System.

20         (c)  Require no more than 36 semester credit hours in

21  general education courses in the subject areas of

22  communication, mathematics, social sciences, humanities, and

23  natural sciences.

24         (d)  Provide for procedures for student withdrawal and

25  grade forgiveness.

26

27  The rules should encourage community colleges to enter into

28  agreements with universities which allow community college

29  students to complete upper-division-level courses at a

30  community college.  An agreement may provide for concurrent

31  enrollment at the community college and the university,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1  authority for the community college to offer an

 2  upper-division-level course, or distance learning.

 3         (5)  Student admissions, conduct and discipline,

 4  nonclassroom activities, and fees.

 5         (6)  Budgeting.

 6         (7)  Business and financial matters.

 7         (8)  Student services.

 8         (9)  Reports, surveys, and information systems,

 9  including forms and dates of submission.

10         Section 12.  Subsection (3) of section 240.3341,

11  Florida Statutes, is amended to read:

12         240.3341  Incubator facilities for small business

13  concerns.--

14         (3)(a)  The incubator facility and any improvements to

15  the facility shall be owned or leased by the community

16  college.  The community college may charge residents of the

17  facility all or part of the cost for facilities, utilities,

18  and support personnel and equipment.  No small business

19  concern shall reside in the incubator facility for more than 5

20  calendar years.  The state shall not be liable for any act or

21  failure to act of any small business concern residing in an

22  incubator facility pursuant to this section or of any such

23  concern benefiting from the incubator facilities program.

24         (b)  Notwithstanding any provision of paragraph (a) to

25  the contrary, and for the 1999-2000 fiscal year only, the

26  incubator facility may be leased by the community college.

27  This paragraph is repealed on July 1, 2000.

28         Section 13.  Subsections (7) and (10) of section

29  240.35, Florida Statutes, are amended to read:

30         240.35  Student fees.--Unless otherwise provided, the

31  provisions of this section apply only to fees charged for

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1  college credit instruction leading to an associate in arts

 2  degree, an associate in applied science degree, or an

 3  associate in science degree and noncollege credit

 4  college-preparatory courses defined in s. 239.105.

 5         (7)  Each community college board of trustees shall

 6  establish matriculation and tuition fees, which may vary no

 7  more than 10 percent below and 15 percent above the fee

 8  schedule adopted by the State Board of Community Colleges.,

 9  provided that Any amount from 10 to 15 percent above the fee

10  schedule must be expended solely is used only to support

11  additional safety and security purposes and shall not supplant

12  funding expended in the prior year's budget for safety and

13  security purposes. In order to assess an additional amount for

14  safety and security purposes, a community college board of

15  trustees must provide written justification to the State Board

16  of Community Colleges based on criteria approved by the local

17  board of trustees, including but not limited to criteria such

18  as local crime data and information, and strategies for the

19  implementation of local safety plans. For 1999-2000, each

20  community college is authorized to increase the sum of the

21  matriculation fee and technology fee by not more than 5

22  percent of the sum of the matriculation and local safety and

23  security fees in 1998-1999. However, no fee in 1999-2000 shall

24  exceed the prescribed statutory limit. Should a college decide

25  to increase the matriculation fee, the funds raised by

26  increasing the matriculation fee must be expended solely for

27  additional safety and security purposes and shall not supplant

28  funding expended in the 1998-1999 budget for safety and

29  security purposes.

30         (10)  Each community college district board of trustees

31  may establish a separate activity and service fee not to

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1  exceed 10 percent of the matriculation fee, according to rules

 2  of the State Board of Education.  The student activity and

 3  service fee shall be collected as a component part of the

 4  registration and tuition fees. The student activity and

 5  service fees shall be paid into a student activity and service

 6  fund at the community college and shall be expended for lawful

 7  purposes to directly benefit the student body in general.

 8  These purposes include, but are not limited to, student

 9  publications and grants to duly recognized student

10  organizations, the membership of which is open to all students

11  at the community college without regard to race, sex, or

12  religion.

13         Section 14.  Paragraph (c) of subsection (1) of section

14  240.359, Florida Statutes, is amended to read:

15         240.359  Procedure for determining state financial

16  support and annual apportionment of state funds to each

17  community college district.--The procedure for determining

18  state financial support and the annual apportionment to each

19  community college district authorized to operate a community

20  college under the provisions of s. 240.313 shall be as

21  follows:

22         (1)  DETERMINING THE AMOUNT TO BE INCLUDED IN THE STATE

23  COMMUNITY COLLEGE PROGRAM FUND FOR THE CURRENT OPERATING

24  PROGRAM.--

25         (c)  If a student enrolls in any course that he or she

26  has previously taken, unless it is a credit course in which

27  the student earned a grade of D or F, the hours shall not be

28  used in the calculation of full-time equivalent enrollments

29  for state funding purposes. The category of lifelong learning

30  is for students enrolled pursuant to s. 239.301.  A student

31  shall also be reported as a lifelong learning student for his

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                                                  SENATE AMENDMENT

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 1  or her enrollment in any course that he or she has previously

 2  taken, unless it is a credit course in which the student

 3  earned a grade of D or F.

 4         Section 15.  For fiscal year 2001-2002, up to 10

 5  percent of each community college's and school district's

 6  total state funding for workforce development education

 7  programs, pursuant to s. 239.115, may be exempted by the State

 8  Workforce Board from the performance requirements of

 9  subsection (7) of s. 239.115 based on the implementation of

10  new programs and the expansion of existing programs targeted

11  by the board.

12         Section 16.  Paragraph (c) of subsection (2) of section

13  231.621, Florida Statutes, is amended to read:

14         231.621  Critical Teacher Shortage Student Loan

15  Forgiveness Program.--

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

17  Education is authorized to make loan principal repayments as

18  follows:

19         (c)  All repayments shall be contingent on continued

20  proof of employment in the designated subject areas in this

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

22  The state shall not bear responsibility for the collection of

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

24  that designated critical teacher shortage subject areas are

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

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

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

28  original loan repayment was made and otherwise meets all

29  conditions of eligibility.

30         Section 17.  Subsection (1) of section 240.40201,

31  Florida Statutes, is amended to read:

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 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. However, an eligible student who

13  enlists in the United States Armed Forces within 6 months of

14  high school graduation maintains eligibility for 4 years

15  following his or her discharge from military service, provided

16  that all other eligibility criteria apply.

17         Section 18.  Paragraphs (b), (e), and (f) of subsection

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

19  are amended to read:

20         240.40202  Florida Bright Futures Scholarship Program;

21  student eligibility requirements for initial awards.--

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

23  the three types of scholarships under the Florida Bright

24  Futures Scholarship Program, a student must:

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

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

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

28  admission program of an eligible postsecondary education

29  institution or completes a home education program according to

30  s. 232.0201; or

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

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                                                  SENATE AMENDMENT

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

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

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

 4  means the occupational assignment outside of Florida of a

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

 6  employed by the United States Government or the State of

 7  Florida, a condition of which employment is assignment outside

 8  of Florida.

 9         (e)  Not have been found guilty of, or pled plead nolo

10  contendere or guilty to, a felony charge, unless the student

11  has been granted clemency by the Governor and Cabinet sitting

12  as the Executive Office of Clemency.

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

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

15  school graduation. There is no application deadline for a

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

17  subparagraph (1)(b)2.

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

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

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

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

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

23  her award during the first year of eligibility after high

24  school graduation, may apply for reinstatement of the award

25  for use within 7 reapply during subsequent application periods

26  up to 3 years after high school graduation. Reinstatement

27  applications must be received by the deadline established by

28  the Department of Education.

29         Section 19.  Section 240.40203, Florida Statutes, is

30  amended to read:

31         240.40203  Florida Bright Futures Scholarship Program;

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                                                  SENATE AMENDMENT

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 1  student eligibility requirements for renewal, reinstatement,

 2  and restoration awards.--

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

 4  any of the three types of scholarships under the Florida

 5  Bright Futures Scholarship Program after the first year of

 6  eligibility, a student must meet the following requirements

 7  for either renewal, reinstatement, or restoration:

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

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

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

11  equivalent in the last academic year in which the student

12  earned a scholarship.

13         (b)  and maintain the cumulative grade point average

14  required by the scholarship program, except that:

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

16  required to renew a Florida Academic Scholarship, but are

17  sufficient to renew a Florida Merit Scholarship or a Florida

18  Vocational Gold Seal Scholarship, the Department of Education

19  may grant a renewal from one of those other scholarship

20  programs, if the student meets the renewal eligibility

21  requirements.; or

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

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

24  not sufficient insufficient to renew the scholarship, the

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

26  following summer to renew the scholarship restore eligibility

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

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

29  Legislature encourages education institutions to assist

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

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

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  institution determines that it is possible, the education

 2  institution may so inform the department, which may reserve

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

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

 5  required cumulative grade point average and earns the required

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

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

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

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

10  is the fall semester of the following academic year.

11         (b)  Reinstatement applies to students who were

12  eligible but did not receive an award during the previous

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

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

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

16  Futures eligibility determination.  The student must apply for

17  reinstatement by submitting a reinstatement application by the

18  deadline established by the Department of Education.

19         (c)  Restoration applies to students who lost

20  scholarship eligibility due to a low renewal grade point

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

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

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

24  renewal requirements during a prior evaluation period may

25  restore eligibility by meeting the required grade point

26  average during a subsequent renewal evaluation period.  A

27  student is eligible to receive such restoration only once.

28  The student must submit an application for restoration by the

29  deadline established by the Department of Education.

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

31  terminates in an associate degree or a baccalaureate degree

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                                                  SENATE AMENDMENT

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

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

 3  student who is enrolled in an undergraduate program that

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

 5  simultaneous award of baccalaureate and postbaccalaureate

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

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

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

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

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

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

12  one of these program levels to another becomes eligible for

13  the higher of the two credit hour limits.

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

15  Florida Statutes, is amended to read:

16         240.40204  Florida Bright Futures Scholarship Program;

17  eligible postsecondary education institutions.--A student is

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

19  Florida Bright Futures Scholarship Program if the student

20  meets the requirements for the program as described in this

21  act and is enrolled in a postsecondary education institution

22  that meets the description in any one of the following

23  subsections:

24         (2)  An independent Florida college or university that

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

26  Postsecondary Accreditation and which has operated in the

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

28  agency recognized by the United States Department of

29  Education.

30         Section 21.  Subsections (2), (3), and (4) of section

31  240.40205, Florida Statutes, are amended to read:

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1         240.40205  Florida Academic Scholars award.--

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

 3  public postsecondary education institution is eligible for an

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

 5  fees, as defined by the Department of Education, and $300 per

 6  semester or the equivalent $600 for college-related expenses

 7  annually. 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 for the

10  average matriculation and fees of a public postsecondary

11  education institution at the comparable level, plus the amount

12  provided for college-related expenses annual $600.

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

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

15  requirements of s. 240.40203 and the maintain the equivalent

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

17  the equivalent, for all postsecondary education work

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

19  restoration reinstatement as provided in this act.

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

21  Scholar with the highest academic ranking shall receive an

22  additional award of $750 per semester or the equivalent $1,500

23  for college-related expenses. This award must be funded from

24  the Florida Bright Futures Scholarship Program.

25         Section 22.  Section 240.40206, Florida Statutes, is

26  amended to read:

27         240.40206  Florida Merit Scholars award.--

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

29  award if the student meets the general eligibility

30  requirements for the Florida Bright Futures Scholarship

31  Program and the student:

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                                                  SENATE AMENDMENT

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    Amendment No.    





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

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

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

 4  and recommended by the State Board of Community Colleges as

 5  college-preparatory academic courses; and

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

 7  rules of the Department of Education on the combined verbal

 8  and quantitative parts of the Scholastic Aptitude Test, the

 9  Scholastic Assessment Test, or the recentered Scholastic

10  Assessment Test of the College Entrance Examination, or an

11  equivalent score on the American College Testing Program; or

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

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

14  International Baccalaureate curriculum but failed to earn the

15  International Baccalaureate Diploma, and has attained at least

16  the score identified by rules of the Department of Education

17  on the combined verbal and quantitative parts of the

18  Scholastic Aptitude Test, the Scholastic Assessment Test, or

19  the recentered Scholastic Assessment Test of the College

20  Entrance Examination, or an equivalent score on the American

21  College Testing Program; or.

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

23  programs of the National Merit Scholarship Corporation as a

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

25  community service as provided by s. 240.40205.

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

27  equal to the amount required to pay 75 percent of

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

29  student is enrolled in a public postsecondary education

30  institution. A student who is enrolled in a nonpublic

31  postsecondary education institution is eligible for an award

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





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

 2  of the matriculation and fees of a public postsecondary

 3  education institution at the comparable level.

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

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

 6  requirements of s. 240.40203 and the maintain the equivalent

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

 8  or the equivalent, for all postsecondary education work

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

10  reinstatement one restoration time as provided in this act.

11         Section 23.  Section 240.40207, Florida Statutes, is

12  amended to read:

13         240.40207  Florida Gold Seal Vocational Scholars

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

15  created within the Florida Bright Futures Scholarship Program

16  to recognize and reward academic achievement and vocational

17  preparation by high school students who wish to continue their

18  education.

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

20  Vocational Scholars award if the student meets the general

21  eligibility requirements for the Florida Bright Futures

22  Scholarship Program and the student:

23         (a)  Successfully completes the secondary school

24  portion of a sequential program of studies that requires at

25  least three secondary school vocational credits in one program

26  of study identified by the Department of Education taken over

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

28  related postsecondary education program. If the student's

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

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

31  education program selected by the Occupational Forecasting

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  Conference or the Workforce Development Board of Enterprise

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

 3  occupation with high potential for employment opportunities.

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

 5  three required vocational credits.

 6         (b)  Demonstrates readiness for postsecondary education

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

 8  Placement Test or its equivalent as identified by the

 9  Department of Education.

10         (c)  Earns a minimum cumulative weighted grade point

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

12  subjects required for a standard high school diploma,

13  excluding elective courses.

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

15  3.5 on a 4.0 scale for secondary vocational courses comprising

16  the vocational program.

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 of

23  Education, if the student is enrolled in a public

24  postsecondary education institution. A student who is enrolled

25  in a nonpublic postsecondary education institution is eligible

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

27  75 percent 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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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 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 the

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

 9  grade point average of 2.75 in all postsecondary education

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

11  any renewal period. All other provisions of that program

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

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

14  credit hours the student attempted while earning the Gold Seal

15  Vocational Scholarship.

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

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

18  institution that grants baccalaureate degrees unless the award

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

20  of 2002, or as otherwise provided for in this section.

21         (6)  Upon successful completion of an an associate

22  degree program, an award recipient who meets the renewal

23  criteria in subsection (3) and enrolls in a baccalaureate

24  degree program at an eligible postsecondary education

25  institution is eligible to transfer to the Florida Merit

26  Scholars award component of the Bright Futures Scholarship

27  Program. If the student receives an associate degree prior to

28  the end of an academic year and enrolls in the baccalaureate

29  degree program during a subsequent term of the same academic

30  year, the student may continue to receive the Gold Seal

31  Scholars award for the duration of that academic year. If

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1  necessary, the department may provide an exception to the

 2  90-semester-hour limit, or the equivalent, through the end of

 3  that academic year. Other than initial eligibility criteria,

 4  all other requirements of the Florida Merit Scholars award

 5  apply to a student who transfers to that program under this

 6  section. The credit-hour limitation must be calculated by

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

 8  credit hours for which the student has already received

 9  funding under the Bright Futures Scholarship Program.

10         (7)  If a Florida Gold Seal Scholar received an initial

11  Gold Seal Scholars award prior to the fall term of 2002 and

12  has a cumulative grade point average of 2.75 in all

13  postsecondary education work attempted, the Department of

14  Education may transfer the student to the Florida Merit

15  Scholars award component of the Bright Futures Scholarship

16  Program during any renewal period. All other provisions of

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

18  calculated by subtracting from the student's total eligibility

19  the number of credit hours for which the student has already

20  received funding under the Bright Futures Scholarship Program.

21         Section 24.  Section 240.40209, Florida Statutes, is

22  amended to read:

23         240.40209  Bright Futures Scholarship recipients

24  attending nonpublic institutions; calculation of

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

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

27  Florida Bright Futures Scholarship Program, who is enrolled in

28  a nonpublic postsecondary education institution, and who is

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

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

31  award calculated by using the average matriculation and fee

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





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

 2  full-time attendance at a public postsecondary educational

 3  education institution at the comparable level. If the student

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

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

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

 7  on the level of fees assessed.

 8         Section 25.  Paragraph (a) of subsection (1) of section

 9  240.404, Florida Statutes, is amended to read:

10         240.404  General requirements for student eligibility

11  for state financial aid.--

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

13  students for state financial aid awards consist of the

14  following:

15         1.  Achievement of the academic requirements of and

16  acceptance at a state university or community college; a

17  nursing diploma school approved by the Florida Board of

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

19  which is accredited by an accrediting agency recognized by the

20  United States Department of Education a member of the

21  Commission on Recognition of Postsecondary Accreditation; any

22  Florida institution the credits of which are acceptable for

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

24  any private vocational-technical institution accredited by an

25  accrediting agency recognized by the United States Department

26  of Education a member of the Commission on Recognition of

27  Postsecondary Accreditation.

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

29  preceding the award of aid for a program established pursuant

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

31  240.4125, s. 240.413, s. 240.4987, s. 240.605, or s. 240.606.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





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

 2  obtain an education. Resident status for purposes of receiving

 3  state financial aid awards shall be determined in the same

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

 5  240.1201 and rules of the State Board of Education.

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

 7  resident by a postsecondary institution for initial receipt of

 8  state-funded student financial assistance and has been

 9  determined eligible to participate in a financial assistance

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

11  financial aid programs if he or she maintains continuous

12  enrollment at the postsecondary institution, with no break in

13  enrollment greater than 12 consecutive months.

14         3.  Submission of certification attesting to the

15  accuracy, completeness, and correctness of information

16  provided to demonstrate a student's eligibility to receive

17  state financial aid awards. Falsification of such information

18  shall result in the denial of any pending application and

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

20  further payments shall be made. Additionally, students who

21  knowingly make false statements in order to receive state

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

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

24  be required to return all state financial aid awards

25  wrongfully obtained.

26         Section 26.  Subsection (3) of section 240.4064,

27  Florida Statutes, is amended to read:

28         240.4064  Critical teacher shortage tuition

29  reimbursement program.--

30         (3)  Participants may receive tuition reimbursement

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





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

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

 3  tuition reimbursements shall be contingent on passing an

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

 5         Section 27.  Paragraph (a) of subsection (5) and

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

 7  amended to read:

 8         240.412  Jose Marti Scholarship Challenge Grant

 9  Program.--

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

11  scholarship pursuant to this section, an applicant shall:

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

13  culture with origins in Mexico, South America, Central

14  America, or the Caribbean, regardless of race.

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

16  general requirements for student eligibility as provided in s.

17  240.404, except as otherwise provided in this section.

18         3.  Be accepted at a state university or community

19  college or any Florida college or university accredited by an

20  accrediting agency recognized by the United States Department

21  of Education a member of the Commission on Recognition of

22  Postsecondary Accreditation the credits of which are

23  acceptable without qualification for transfer to state

24  universities.

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

26  student.

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

28  scale, or the equivalent for high school subjects creditable

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

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

31  point average for undergraduate college-level courses.

                                  32
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





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

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

 3  given to students with the lowest total family resources.

 4  Renewal scholarships shall take precedence over new awards in

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

 6  need.  No undergraduate student shall receive an award for

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

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

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

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

11  or 6 quarters.

12         Section 28.  Subsection (2) of section 240.413, Florida

13  Statutes, is amended to read:

14         240.413  Seminole and Miccosukee Indian Scholarships.--

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

16  students who:

17         (a)  Have graduated from high school, have earned an

18  equivalency diploma issued by the Department of Education

19  pursuant to s. 229.814, have earned an equivalency diploma

20  issued by the United States Armed Forces Institute, or have

21  been accepted through an early admission program;

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

23  college authorized by Florida law; a nursing diploma school

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

25  university, or community college which is accredited by an

26  accrediting agency recognized by the United States Department

27  of Education a member of the Commission on Recognition of

28  Postsecondary Accreditation; or any Florida institution the

29  credits of which are acceptable for transfer to state

30  universities;

31         (c)  Are enrolled as either full-time or part-time

                                  33
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1  undergraduate or graduate students and make satisfactory

 2  academic progress as defined by the college or university;

 3         (d)  Have been recommended by the Seminole Tribe of

 4  Florida or the Miccosukee Tribe of Indians of Florida; and

 5         (e)  Meet the general requirements for student

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

 7  provided in this section.

 8         Section 29.  Subsection (6) of section 240.437, Florida

 9  Statutes, is amended to read:

10         240.437  Student financial aid planning and

11  development.--

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

13  financial assistance programs authorized by state law that are

14  administered by the Bureau of Student Financial Assistance of

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

16  are not funded for 3 consecutive years after enactment shall

17  stand repealed.  Financial aid programs provided under this

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

19  years shall stand repealed.  The Bureau Office of Student

20  Financial Assistance of the Department of Education shall

21  annually review the legislative appropriation of financial aid

22  to identify such programs.

23         Section 30.  Subsection (5) of section 240.465, Florida

24  Statutes, is repealed.

25         Section 31.  Subsection (13) of section 240.472,

26  Florida Statutes, is amended to read:

27         240.472  Definitions.--As used in this act:

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

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

30  accrediting agency recognized by the United States Department

31  of Education and holds membership in the Commission on

                                  34
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1  Recognition of Postsecondary Accreditation; which grants

 2  baccalaureate or associate degrees; which is not a pervasively

 3  sectarian institution; and which does not discriminate in the

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

 5  sex, or creed.

 6         Section 32.  Subsection (1) of section 295.01, Florida

 7  Statutes, is amended to read:

 8         295.01  Children of deceased or disabled veterans;

 9  education.--

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

11  state to provide educational opportunity at state expense for

12  dependent children either of whose parents was a resident of

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

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

15  preceding the child's application for benefits under this

16  section, and who:

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

18  disease contracted during a period of wartime service as

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

20  from diseases or disability resulting from such war service,

21  or

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

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

24         1.  Determined by the United States Department of

25  Veterans Affairs or its predecessor to have a

26  service-connected 100-percent total and permanent disability

27  rating for compensation,

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

29  permanent disability rating of 100 percent and is in receipt

30  of disability retirement pay from any branch of the United

31  States Armed Services, or

                                  35
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1         3.  Issued a valid identification card by the

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

 3

 4  when the parents of such children have been bona fide

 5  residents of the state for 5 years next preceding their

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

 7  restrictions, and limitations hereof.

 8         Section 33.  Section 295.02, Florida Statutes, is

 9  amended to read:

10         295.02  Use of funds; age, etc.--

11         (1)  All sums appropriated and expended under this

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

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

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

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

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

17  s. 295.018, or s. 295.0195., or of

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

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

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

21  16 and 22 years, and who are in attendance at:

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

23  including a community college or vocational-technical school,

24  or

25         (b)  Any postsecondary institution eligible to

26  participate in the Florida Bright Futures Scholarship program.

27

28  A student attending an eligible private postsecondary

29  institution may receive an award equivalent to the average

30  matriculation and fees calculated for full-time attendance at

31  a public postsecondary institution at the comparable level.

                                  36
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1  Any child having entered upon a course of training or

 2  education under the provisions of this chapter, consisting of

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

 4  22 years before the completion of such course may continue the

 5  course and receive all benefits of the provisions of this

 6  chapter until the course is completed. The Department of

 7  Education shall administer this educational program subject to

 8  regulations of the department. The State Board of Education is

 9  authorized to adopt rules to implement this program.

10         Section 34.  Sections 228.502, 240.40242, and 240.6055,

11  Florida Statutes, are repealed.

12         Section 35.  Paragraph (r) of subsection (1) of section

13  246.041, Florida Statutes, is amended to read:

14         246.041  Powers and duties of board.--

15         (1)  The board shall:

16         (r)  Provide information and documentation on an annual

17  basis to the Office of Student Financial Assistance of the

18  Department of Education regarding the requirements set forth

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

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

21  relating to access grants for community college graduates, and

22  s. 240.609, relating to Florida postsecondary endowment

23  grants.

24         Section 36.  Section 240.409, Florida Statutes, is

25  amended to read:

26         240.409  Florida Public Student Assistance Grant

27  Program; eligibility for grants.--

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

29  Assistance Grant Program. The program shall be administered by

30  the participating institutions in accordance with rules of the

31  state board.

                                  37
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1         (2)  The department is directed to establish an initial

 2  application deadline for funds administered pursuant to this

 3  section. 

 4         (3)  Using the priorities established in this section

 5  and in s. 240.4099, institutions shall first award funds

 6  administered pursuant to this section to students who meet the

 7  initial application deadline established pursuant to

 8  subsection (2).  An institution may, at its discretion, award

 9  any remaining funds from this program to students who apply

10  after the deadline date and who are otherwise eligible

11  pursuant to this section.

12         (4)(2)(a)  State student assistance grants through the

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

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

15  per term and who meet the general requirements for student

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

17  provided in this section.  Such grants shall be awarded

18  annually for the amount of demonstrated unmet need for the

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

20  average prior academic year cost of matriculation fees and

21  other registration fees for 30 credit hours at state

22  universities or such other amount as specified in the General

23  Appropriations Act, to any recipient. A demonstrated unmet

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

25  for a state student assistance grant. Recipients of such

26  grants must have been accepted at a state university or

27  community college authorized by Florida law.  No student may

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

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

30  provided in s. 240.404(3).

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

                                  38
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1  assistance grant shall be required to apply for the Pell

 2  Grant. The Pell Grant entitlement shall be considered when

 3  conducting an assessment of the financial resources available

 4  to each student.

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

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

 7  in accordance with a nationally recognized system of need

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

 9  shall establish a maximum expected family contribution. An

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

11  student whose expected family contribution exceeds the level

12  established by the department.  An institution may not impose

13  additional criteria to determine a student's eligibility to

14  receive a grant award.

15         (d)  Each participating institution shall report, to

16  the department by the established date, the eligible students

17  to whom grant moneys are disbursed each academic term and

18  indicate whether or not the student met the application

19  deadline established pursuant to subsection (2). Each

20  institution shall also report to the department necessary

21  demographic and eligibility data for such students.

22         (5)(3)  Based on the unmet financial need of an

23  eligible applicant, the amount of a Florida public student

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

25  of the cost of matriculation and other registration fees for

26  30 credit hours at state universities per academic year or the

27  amount specified in the General Appropriations Act.

28         (6)(4)(a)  The funds appropriated for the Florida

29  Public Student Assistance Grant shall be distributed to

30  eligible institutions in accordance with a formula recommended

31  by the Department of Education's Florida Council of Student

                                  39
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1  Financial Aid Advisors and reviewed by the Postsecondary

 2  Education Planning Commission, the State Board of Community

 3  Colleges, and the Board of Regents. The formula shall consider

 4  at least the prior year's distribution of funds to award

 5  recipients who met the application deadline, the number of

 6  full-time eligible applicants who met the application deadline

 7  who did not receive awards, the standardization of the

 8  expected family contribution, and provisions for unused funds.

 9         (b)  Payment of Florida public student assistance

10  grants shall be transmitted to the president of the state

11  university or community college, or to his or her

12  representative, in advance of the registration period.

13  Institutions shall notify students of the amount of their

14  awards.

15         (c)  The eligibility status of each student to receive

16  a disbursement shall be determined by each institution as of

17  the end of its regular registration period, inclusive of a

18  drop-add period.  Institutions shall not be required to

19  reevaluate a student's eligibility status after this date for

20  purposes of changing eligibility determinations previously

21  made.

22         (d)  Institutions shall certify to the department the

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

24  the department any undisbursed advances by June 1 of each

25  year.

26         (7)(5)  Funds appropriated by the Legislature for state

27  student assistance grants shall be deposited in the State

28  Student Financial Assistance Trust Fund. Notwithstanding the

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

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

31  has been allocated to the Florida Public Student Assistance

                                  40
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1  Grant Program shall remain therein and shall be available for

 2  carrying out the purposes of this section.

 3         (8)(6)  The State Board of Education shall establish

 4  rules necessary to implement this section.

 5         Section 37.  Section 240.4095, Florida Statutes, is

 6  amended to read:

 7         240.4095  Florida Private Student Assistance Grant

 8  Program; eligibility for grants.--

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

10  Assistance Grant Program. The program shall be administered by

11  the participating institutions in accordance with rules of the

12  state board.

13         (2)  The department is directed to establish an initial

14  application deadline for funds administered pursuant to this

15  section.

16         (3)  Using the priorities established in this section

17  and in s. 240.4099, institutions shall first award funds

18  administered pursuant to this section to students who meet the

19  initial application deadline established pursuant to

20  subsection (2). An institution may, at its discretion, award

21  any remaining funds from this program to students who apply

22  after the deadline date and who are otherwise eligible

23  pursuant to this section.

24         (4)(a)  Florida private student assistance grants from

25  the State Student Financial Assistance Trust Fund may be made

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

27  least 6 semester hours, or the equivalent, per term and who

28  meet the general requirements for student eligibility as

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

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

31  demonstrated unmet need for tuition and fees and may not

                                  41
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1  exceed an amount equal to the average matriculation and other

 2  registration fees for 30 credit hours at state universities

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

 4  Appropriations Act, to any applicant.  A demonstrated unmet

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

 6  for a Florida private student assistance grant. Recipients of

 7  such grants must have been accepted at a

 8  baccalaureate-degree-granting independent nonprofit college or

 9  university, which is accredited by the Commission on Colleges

10  of the Southern Association of Colleges and Schools and which

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

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

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

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

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

16  assistance grant shall be required to apply for the Pell

17  Grant. The Pell Grant entitlement shall be considered when

18  conducting an assessment of the financial resources available

19  to each student.

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

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

22  in accordance with a nationally recognized system of need

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

24  shall establish a maximum expected family contribution. An

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

26  student whose expected family contribution exceeds the level

27  established by the department.  An institution may not impose

28  additional criteria to determine a student's eligibility to

29  receive a grant award.

30         (d)  Each participating institution shall report, to

31  the department by the established date, the eligible students

                                  42
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1  to whom grant moneys are disbursed each academic term and

 2  indicate whether or not the student met the application

 3  deadline established pursuant to subsection (2). Each

 4  institution shall also report to the department necessary

 5  demographic and eligibility data for such students.

 6         (5)(3)  Based on the unmet financial need of an

 7  eligible applicant, the amount of a Florida private student

 8  assistance grant must be between $200 and the average cost of

 9  matriculation and other registration fees for 30 credit hours

10  at state universities plus $1,000 per academic year or the

11  amount specified in the General Appropriations Act.

12         (6)(4)(a)  The funds appropriated for the Florida

13  Private Student Assistance Grant shall be distributed to

14  eligible institutions in accordance with a formula recommended

15  by the Department of Education's Florida Council of Student

16  Financial Aid Advisors and reviewed by the Postsecondary

17  Education Planning Commission and the Independent Colleges and

18  Universities of Florida. The formula shall consider at least

19  the prior year's distribution of funds to award recipients who

20  met the application deadline, the number of full-time eligible

21  applicants who met the application deadline who did not

22  receive awards, the standardization of the expected family

23  contribution, and provisions for unused funds.

24         (b)  Payment of Florida private student assistance

25  grants shall be transmitted to the president of the college or

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

27  registration period. Institutions shall notify students of the

28  amount of their awards.

29         (c)  The eligibility status of each student to receive

30  a disbursement shall be determined by each institution as of

31  the end of its regular registration period, inclusive of a

                                  43
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1  drop-add period.  Institutions shall not be required to

 2  reevaluate a student's eligibility status after this date for

 3  purposes of changing eligibility determinations previously

 4  made.

 5         (d)  Institutions shall certify to the department the

 6  amount of funds disbursed to each student, indicate whether or

 7  not the student met the application deadline established

 8  pursuant to subsection (2), and shall remit to the department

 9  any undisbursed advances by June 1 of each year.

10         (e)  Each institution that receives moneys through the

11  Florida Private Student Assistance Grant Program shall cause

12  to be prepared a biennial report that includes an independent

13  external audit of the institution's administration of the

14  program and a complete accounting of moneys in the State

15  Student Financial Assistance Trust Fund allocated to the

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

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

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

19  institution's administration of the program and its allocated

20  funds in lieu of the required biennial report and independent

21  external audit.  The department may suspend or revoke an

22  institution's eligibility to receive future moneys from the

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

24  overpaid to the institution through the trust fund for the

25  program if the department finds that an institution has not

26  complied with the provisions of this section. Any refund

27  requested pursuant to this paragraph shall be remitted within

28  60 days.

29         (7)(5)  Funds appropriated by the Legislature for

30  Florida private student assistance grants shall be deposited

31  in the State Student Financial Assistance Trust Fund.

                                  44
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1  Notwithstanding the provisions of s. 216.301 and pursuant to

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

 3  fiscal year that has been allocated to the Florida Private

 4  Student Assistance Grant Program shall remain therein and

 5  shall be available for carrying out the purposes of this

 6  section and as otherwise provided by law.

 7         (8)(6)  The State Board of Education shall adopt rules

 8  necessary to implement this section.

 9         Section 38.  Section 240.4097, Florida Statutes, is

10  amended to read:

11         240.4097  Florida Postsecondary Student Assistance

12  Grant Program; eligibility for grants.--

13         (1)  There is hereby created a Florida Postsecondary

14  Student Assistance Grant Program. The program shall be

15  administered by the participating institutions in accordance

16  with rules of the state board.

17         (2)  The department is directed to establish an initial

18  application deadline for funds administered pursuant to this

19  section.

20         (3)  Using the priorities established in this section

21  and s. 240.4099, institutions shall first award funds

22  administered pursuant to this section to students who meet the

23  initial application deadline established pursuant to

24  subsection (2).  An institution may, at its discretion, award

25  any remaining funds from this program to students who apply

26  after the deadline date and who are otherwise eligible

27  pursuant to this section.

28         (4)(a)  Florida postsecondary student assistance grants

29  through the State Student Financial Assistance Trust Fund may

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

31  in at least 6 semester hours, or the equivalent, per term and

                                  45
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1  who meet the general requirements for student eligibility as

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

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

 4  demonstrated unmet need for tuition and fees and may not

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

 6  of matriculation and other registration fees for 30 credit

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

 8  as specified in the General Appropriations Act, to any

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

10  render the applicant ineligible for a Florida postsecondary

11  student assistance grant.  Recipients of such grants must have

12  been accepted at a postsecondary institution that is located

13  in the state and that is:

14         1.  A private nursing diploma school approved by the

15  Florida Board of Nursing; or

16         2.  An institution either licensed by the State Board

17  of Independent Colleges and Universities or exempt from

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

19  institutions the students of which are eligible to receive a

20  Florida private student assistance grant pursuant to s.

21  240.4095.

22

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

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

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

26         (b)  A student applying for a Florida postsecondary

27  student assistance grant shall be required to apply for the

28  Pell Grant. The Pell Grant entitlement shall be considered

29  when conducting an assessment of the financial resources

30  available to each student.

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

                                  46
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





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

 2  in accordance with a nationally recognized system of need

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

 4  shall establish a maximum expected family contribution. An

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

 6  student whose expected family contribution exceeds the level

 7  established by the department.  An institution may not impose

 8  additional criteria to determine a student's eligibility to

 9  receive a grant award.

10         (d)  Each participating institution shall report, to

11  the department by the established date, the eligible students

12  to whom grant moneys are disbursed each academic term and

13  indicate whether or not the student met the application

14  deadline established pursuant to subsection (2). Each

15  institution shall also report to the department necessary

16  demographic and eligibility data for such students.

17         (5)(3)  Based on the unmet financial need of an

18  eligible applicant, the amount of a Florida postsecondary

19  student assistance grant must be between $200 and the average

20  cost of matriculation and other registration fees for 30

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

22  year or the amount specified in the General Appropriations

23  Act.

24         (6)(4)(a)  The funds appropriated for the Florida

25  Postsecondary Student Assistance Grant shall be distributed to

26  eligible institutions in accordance with a formula recommended

27  by the Department of Education's Florida Council of Student

28  Financial Aid Advisors and reviewed by the Postsecondary

29  Education Planning Commission and the Florida Association of

30  Postsecondary Schools and Colleges. The formula shall consider

31  at least the prior year's distribution of funds to award

                                  47
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1  recipients who met the application deadline, the number of

 2  full-time eligible applicants who met the application deadline

 3  who did not receive awards, the standardization of the

 4  expected family contribution, and provisions for unused funds.

 5         (b)  Payment of Florida postsecondary student

 6  assistance grants shall be transmitted to the president of the

 7  eligible institution, or to his or her representative, in

 8  advance of the registration period. Institutions shall notify

 9  students of the amount of their awards.

10         (c)  The eligibility status of each student to receive

11  a disbursement shall be determined by each institution as of

12  the end of its regular registration period, inclusive of a

13  drop-add period.  Institutions shall not be required to

14  reevaluate a student's eligibility status after this date for

15  purposes of changing eligibility determinations previously

16  made.

17         (d)  Institutions shall certify to the department the

18  amount of funds disbursed to each student, indicate whether or

19  not the student met the application deadline established

20  pursuant to subsection (2), and shall remit to the department

21  any undisbursed advances by June 1 of each year.

22         (e)  Each institution that receives moneys through the

23  Florida Postsecondary Student Assistance Grant Program shall

24  cause to be prepared a biennial report that includes an

25  independent external audit of the institution's administration

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

27  State Student Financial Assistance Trust Fund allocated to the

28  institution for the program.  Such report shall be submitted

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

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

31  institution's administration of the program and its allocated

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1  funds in lieu of the required biennial report and independent

 2  external audit. The department may suspend or revoke an

 3  institution's eligibility to receive future moneys from the

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

 5  overpaid to the institution through the trust fund for the

 6  program if the department finds that an institution has not

 7  complied with the provisions of this section.  Any refund

 8  requested pursuant to this paragraph shall be remitted within

 9  60 days.

10         (7)(5)  Any institution that was eligible to receive

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

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

13  eligible to receive grants pursuant to this section.

14         (8)(6)  Funds appropriated by the Legislature for

15  Florida postsecondary student assistance grants shall be

16  deposited in the State Student Financial Assistance Trust

17  Fund. Notwithstanding the provisions of s. 216.301 and

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

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

20  Postsecondary Student Assistance Grant Program shall remain

21  therein and shall be available for carrying out the purposes

22  of this section and as otherwise provided by law.

23         (9)(7)  The State Board of Education shall adopt rules

24  necessary to implement this section.

25         Section 39.  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  240.4097, priority in the distribution of grant money to

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1  eligible initial applicants shall be given in the following

 2  order:

 3         (1)  To full-time students with financial need who

 4  graduate from Florida public high schools, who have completed

 5  the high school courses that are adopted by the Board of

 6  Regents and recommended by the State Board of Community

 7  Colleges as college-preparatory courses, and who rank in the

 8  top 20 percent of their high school graduating class.  Class

 9  rank shall be determined by the Department of Education.

10         (2)  To other full-time students with financial need.

11         (3)  To part-time students with financial need, if

12  funds are remaining. However, awards to full-time students are

13  not to be reduced to accomplish this purpose.

14         Section 40.  Subsection (3) of section 240.404, Florida

15  Statutes, is amended to read:

16         240.404  General requirements for student eligibility

17  for state financial aid.--

18         (3)  Undergraduate students shall be eligible to

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

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

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

22  or 12 quarters. However, undergraduate students participating

23  in college-preparatory instruction, students requiring

24  additional time to complete the college-level communication

25  and computation skills testing programs, or students enrolled

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

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

28  quarters.

29         Section 41.  The Division of Statutory Revision of the

30  Office of Legislative Services is directed to prepare a

31  reviser's bill for introduction at the 2001 Regular Session of

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1  the Legislature to change "Florida Merit Scholarship" to

 2  "Florida Medallion Scholarship" and to change "Florida Merit

 3  Scholar" to "Florida Medallion Scholar," effective for the

 4  2002-2003 school year.

 5         Section 42.  This act shall take effect July 1, 2000.

 6

 7

 8  ================ T I T L E   A M E N D M E N T ===============

 9  And the title is amended as follows:

10         Delete everything before the enacting clause

11

12  and insert:

13                      A bill to be entitled

14         An act relating to postsecondary education

15         institutions; amending s. 239.115, F.S.;

16         establishing legislative intent that funding

17         formulas not penalize institutions for certain

18         actions; providing an assurance that no

19         institutions be required to lower fees;

20         amending s. 239.117, F.S., relating to

21         workforce development postsecondary student

22         fees; revising a limitation on the total value

23         of fee waivers; revising the date by which the

24         Commissioner of Education must provide a fee

25         schedule; deleting obsolete language; requiring

26         each school board or community college district

27         board of trustees to determine the method for

28         distributing certain awards; deleting a

29         provision that limits technology fees to

30         associate degree programs and courses;

31         authorizing school boards and community college

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1         boards of trustees to establish technology and

 2         financial aid fees; amending s. 239.213, F.S.,

 3         relating to vocational preparatory instruction;

 4         requiring students who enroll in certificate

 5         career education programs of 450 hours or more

 6         to complete an entry-level examination within a

 7         certain period of time; revising provisions

 8         relating to exceptional students to conform

 9         with federal requirements; amending s. 239.514,

10         F.S., relating to the workforce development

11         capitalization incentive grant program;

12         authorizing the use of such funds to upgrade

13         workforce development programs; amending s.

14         240.1201, F.S.; authorizing the State Board of

15         Education to classify students as residents or

16         nonresidents for tuition purposes; amending ss.

17         240.152 and 240.153, F.S.; conforming

18         provisions relating to students with

19         disabilities with federal requirements;

20         requiring the State Board of Education to

21         define "physical or mental impairment" by rule;

22         amending s. 240.311, F.S.; revising the role of

23         the State Board of Community Colleges in

24         rulemaking; providing specific rulemaking

25         authority; amending s. 240.321, F.S.; deleting

26         requirements regarding the provision of

27         information on remediation courses; amending s.

28         240.325, F.S.; requiring the State Board of

29         Community Colleges, rather than the State Board

30         of Education, to adopt rules; requiring the

31         adoption of rules to address accreditation,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1         student withdrawal, and grade forgiveness;

 2         amending s. 240.3341, F.S.; authorizing

 3         community colleges to lease incubator

 4         facilities; deleting obsolete language;

 5         amending s. 240.35, F.S., relating to student

 6         fees; deleting obsolete and redundant language;

 7         amending s. 240.359, F.S.; prohibiting the

 8         inclusion of certain hours in calculations of

 9         full-time equivalent enrollments; eliminating

10         provisions relating to funding for the category

11         of lifelong learning; providing one year

12         performance exemptions for new and expanded

13         workforce development programs; amending s.

14         231.621, F.S.; deleting the requirement that

15         repayment of a Critical Teacher Shortage

16         Student Loan be made directly to the holder of

17         the loan; amending s. 240.40201, F.S.; revising

18         general student eligibility requirements for

19         the Florida Bright Futures Scholarship;

20         amending s. 240.40202, F.S.; revising student

21         eligibility provisions for initial award of a

22         Florida Bright Futures Scholarship; amending s.

23         240.40203, F.S.; providing for renewal,

24         reinstatement, and restoration of an award;

25         amending s. 240.40204, F.S.; revising

26         accreditation requirements for postsecondary

27         education institution participation in the

28         Florida Bright Futures Scholarship Program;

29         amending s. 240.40205, F.S., relating to the

30         Florida Academic Scholars award; requiring the

31         Department of Education to define matriculation

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1         and fees for purposes of the award; clarifying

 2         provisions relating to renewal and

 3         reinstatement of an award; revising the amount

 4         awarded to the Florida Academic Scholar with

 5         the highest academic ranking; amending s.

 6         240.40206, F.S., relating to the Florida Merit

 7         Scholars award; authorizing the participation

 8         of students who have been recognized by the

 9         merit or achievement programs of the National

10         Merit Scholarship Corporation as a scholar or

11         finalist, but have not completed a program of

12         community service; requiring the Department of

13         Education to define matriculation and fees for

14         purposes of the award; clarifying provisions

15         relating to renewal and reinstatement of an

16         award; providing a cross-reference; amending s.

17         240.40207, F.S., relating to the Florida Gold

18         Seal Vocational Scholars award; revising

19         student eligibility requirements; requiring the

20         Department of Education to define matriculation

21         and fees for purposes of the award; clarifying

22         provisions relating to renewal and restoration

23         of an award; limiting the use of a Florida Gold

24         Seal Vocational Scholars award at an

25         institution that grants baccalaureate degrees;

26         revising provisions relating to transfer to the

27         Florida Merit Scholars award program; providing

28         for determination of the credit hour

29         limitation; amending s. 240.40209, F.S.,

30         relating to the calculation of awards of Bright

31         Futures Scholarship recipients attending

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1         nonpublic institutions; requiring the

 2         Department of Education to define matriculation

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

 4         240.404, F.S., relating to general requirements

 5         for student eligibility for state financial

 6         aid; revising accreditation requirements for

 7         postsecondary education institution

 8         participation; requiring that to remain

 9         eligible, a student not have a break in

10         enrollment greater than 12 months; amending s.

11         240.4064, F.S., relating to the critical

12         teacher shortage tuition reimbursement program;

13         increasing the rate of tuition reimbursement;

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

15         Marti Scholarship Challenge Grant Program;

16         revising accreditation requirements for

17         postsecondary education institution

18         participation; deleting the requirement that an

19         applicant who applies as a graduate student

20         have earned a 3.0 cumulative grade point

21         average for undergraduate college-level

22         courses; deleting a limitation on the number of

23         semesters or quarters a graduate student may

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

25         relating to the Seminole and Miccosukee Indian

26         Scholarships; revising accreditation

27         requirements for postsecondary education

28         institution participation; amending s. 240.437,

29         F.S., relating to student financial aid

30         planning and development; deleting obsolete

31         provisions; clarifying provisions relating to

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1         the repeal of unfunded financial assistance

 2         programs; repealing s. 240.465(5), F.S., which

 3         prohibits an individual borrower who is in

 4         default in making student financial assistance

 5         repayments from being furnished with his or her

 6         academic transcripts or other student records

 7         until such time as the loan is paid in full or

 8         the default status has been removed; amending

 9         s. 240.472, F.S.; revising the definition of

10         the term "institution" to reflect revised

11         accreditation requirements; amending s. 295.01,

12         F.S., relating to the education of children of

13         deceased or disabled veterans; clarifying

14         student eligibility requirements; amending s.

15         295.02, F.S., relating to use of funds for the

16         education of children of deceased or disabled

17         veterans; requiring the Department of Education

18         to define tuition and registration fees for

19         purposes of award of funds; clarifying student

20         eligibility requirements; providing for the

21         award of funds for attendance at an eligible

22         nonpublic postsecondary institution;

23         authorizing rules of the State Board of

24         Education; repealing s. 228.502, F.S., relating

25         to the Education Success Incentive Program, s.

26         240.40242, F.S., relating to use of certain

27         scholarship funds by children of deceased or

28         disabled veterans, and s. 240.6055, F.S.,

29         relating to access grants for community college

30         graduates; amending s. 246.041, F.S., relating

31         to the powers and duties of the State Board of

                                  56
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1         Independent Colleges and Universities; removing

 2         an obsolete cross-reference; amending s.

 3         240.409, F.S.; deleting the requirement that a

 4         student attend full-time to be eligible for a

 5         state student assistance grant; directing the

 6         department to establish an application

 7         deadline; requiring the student to enroll in at

 8         least 6 semester hours, or the equivalent, per

 9         semester; requiring participating institutions

10         to indicate whether the student met the

11         deadline; creating s. 240.4099, F.S.; providing

12         priority for awarding student assistance

13         grants; amending s. 240.4095, F.S.; directing

14         the department to establish an application

15         deadline; directing participating institutions

16         with regard to awarding of funds; deleting the

17         requirement that a student attend full-time to

18         be eligible for a Florida private student

19         assistance grant; requiring a student to enroll

20         in at least 6 semester hours, or the

21         equivalent, per semester; amending s. 240.4097,

22         F.S.; directing the department to establish an

23         application deadline; directing institutions

24         with regard to awarding of funds; deleting the

25         requirement that a student attend full-time to

26         be eligible for a Florida postsecondary student

27         assistance grant; requiring a student to enroll

28         in at least 6 semester hours, or the

29         equivalent, per semester; amending s. 240.404,

30         F.S.; revising the maximum amount of time an

31         undergraduate student can receive financial

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1888

    Amendment No.    





 1         aid; directing the Division of Statutory

 2         Revision to prepare a reviser's bill; providing

 3         an effective date.

 4

 5

 6

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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