Senate Bill 1888c1

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    Florida Senate - 2000                           CS for SB 1888

    By the Committee on Education and Senator Kirkpatrick





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  1                      A bill to be entitled

  2         An act relating to student financial aid;

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

  4         requirement that repayment of a Critical

  5         Teacher Shortage Student Loan be made directly

  6         to the holder of the loan; amending s.

  7         240.40201, F.S.; revising general student

  8         eligibility requirements for the Florida Bright

  9         Futures Scholarship; amending s. 240.40202,

10         F.S.; revising student eligibility provisions

11         for initial award of a Florida Bright Futures

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

13         providing for renewal, reinstatement, and

14         restoration of an award; amending s. 240.40204,

15         F.S.; revising accreditation requirements for

16         postsecondary education institution

17         participation in the Florida Bright Futures

18         Scholarship Program; amending s. 240.40205,

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

20         award; requiring the Department of Education to

21         define matriculation and fees for purposes of

22         the award; clarifying provisions relating to

23         renewal and reinstatement of an award; revising

24         the amount awarded to the Florida Academic

25         Scholar with the highest academic ranking;

26         amending s. 240.40206, F.S., relating to the

27         Florida Merit Scholars award; authorizing the

28         participation of students who have been

29         recognized by the merit or achievement programs

30         of the National Merit Scholarship Corporation

31         as a scholar or finalist, but have not

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  1         completed a program of community service;

  2         requiring the Department of Education to define

  3         matriculation and fees for purposes of the

  4         award; clarifying provisions relating to

  5         renewal and reinstatement of an award;

  6         providing a cross-reference; amending s.

  7         240.40207, F.S., relating to the Florida Gold

  8         Seal Vocational Scholars award; revising

  9         student eligibility requirements; requiring the

10         Department of Education to define matriculation

11         and fees for purposes of the award; clarifying

12         provisions relating to renewal and restoration

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

14         Seal Vocational Scholars award at an

15         institution that grants baccalaureate degrees;

16         revising provisions relating to transfer to the

17         Florida Merit Scholars award program; providing

18         for determination of the credit hour

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

20         relating to the calculation of awards of Bright

21         Futures Scholarship recipients attending

22         nonpublic institutions; requiring the

23         Department of Education to define matriculation

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

25         240.404, F.S., relating to general requirements

26         for student eligibility for state financial

27         aid; revising accreditation requirements for

28         postsecondary education institution

29         participation; requiring that to remain

30         eligible, a student not have a break in

31         enrollment greater than 12 months; amending s.

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  1         240.4064, F.S., relating to the critical

  2         teacher shortage tuition reimbursement program;

  3         increasing the rate of tuition reimbursement;

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

  5         Marti Scholarship Challenge Grant Program;

  6         revising accreditation requirements for

  7         postsecondary education institution

  8         participation; deleting the requirement that an

  9         applicant who applies as a graduate student

10         have earned a 3.0 cumulative grade point

11         average for undergraduate college-level

12         courses; deleting a limitation on the number of

13         semesters or quarters a graduate student may

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

15         relating to the Seminole and Miccosukee Indian

16         Scholarships; revising accreditation

17         requirements for postsecondary education

18         institution participation; amending s. 240.437,

19         F.S., relating to student financial aid

20         planning and development; deleting obsolete

21         provisions; clarifying provisions relating to

22         the repeal of unfunded financial assistance

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

24         prohibits an individual borrower who is in

25         default in making student financial assistance

26         repayments from being furnished with his or her

27         academic transcripts or other student records

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

29         the default status has been removed; amending

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

31         the term "institution" to reflect revised

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  1         accreditation requirements; amending s. 295.01,

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

  3         deceased or disabled veterans; clarifying

  4         student eligibility requirements; amending s.

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

  6         education of children of deceased or disabled

  7         veterans; requiring the Department of Education

  8         to define tuition and registration fees for

  9         purposes of award of funds; clarifying student

10         eligibility requirements; providing for the

11         award of funds for attendance at an eligible

12         nonpublic postsecondary institution;

13         authorizing rules of the State Board of

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

15         to the Education Success Incentive Program, s.

16         240.40242, F.S., relating to use of certain

17         scholarship funds by children of deceased or

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

19         relating to access grants for community college

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

21         to the powers and duties of the State Board of

22         Independent Colleges and Universities; removing

23         an obsolete cross-reference; amending s.

24         240.409, F.S.; deleting the requirement that a

25         student attend full-time to be eligible for a

26         state student assistance grant; requiring the

27         student to enroll in at least 6 semester hours,

28         or the equivalent, per semester; requiring

29         priority for students who have need and are in

30         a certain rank as calculated by the high

31         school; amending s. 240.4095, F.S.; deleting

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  1         the requirement that a student attend full-time

  2         to be eligible for a Florida private student

  3         assistance grant; requiring a student to enroll

  4         in at least 6 semester hours, or the

  5         equivalent, per semester; amending s. 240.4097,

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

  7         attend full-time to be eligible for a Florida

  8         postsecondary student assistance grant;

  9         requiring a student to enroll in at least 6

10         semester hours, or the equivalent, per

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

12         the maximum amount of time an undergraduate

13         student can receive financial aid; providing an

14         effective date.

15

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

17

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

19  231.621, Florida Statutes, is amended to read:

20         231.621  Critical Teacher Shortage Student Loan

21  Forgiveness Program.--

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

23  Education is authorized to make loan principal repayments as

24  follows:

25         (c)  All repayments shall be contingent on continued

26  proof of employment in the designated subject areas in this

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

28  The state shall not bear responsibility for the collection of

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

30  that designated critical teacher shortage subject areas are

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

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

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

  3  original loan repayment was made and otherwise meets all

  4  conditions of eligibility.

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

  6  Florida Statutes, is amended to read:

  7         240.40201  Florida Bright Futures Scholarship

  8  Program.--

  9         (1)  The Florida Bright Futures Scholarship Program is

10  created to establish a lottery-funded scholarship program to

11  reward any Florida high school graduate who merits recognition

12  of high academic achievement and who enrolls in a degree

13  program, certificate program, or applied technology diploma

14  program at an eligible Florida public or private postsecondary

15  education institution within 7 3 years of graduation from high

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

17  receives scholarship funding, all eligibility will end 7 years

18  after high school graduation. However, an eligible student who

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

20  high school graduation maintains eligibility for 4 years

21  following his or her discharge from military service, provided

22  that all other eligibility criteria apply.

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

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

25  are amended to read:

26         240.40202  Florida Bright Futures Scholarship Program;

27  student eligibility requirements for initial awards.--

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

29  the three types of scholarships under the Florida Bright

30  Futures Scholarship Program, a student must:

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

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

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

  4  admission program of an eligible postsecondary education

  5  institution or completes a home education program according to

  6  s. 232.0201; or

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

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

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

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

11  means the occupational assignment outside of Florida of a

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

13  employed by the United States Government or the State of

14  Florida, a condition of which employment is assignment outside

15  of Florida.

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

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

18  has been granted clemency by the Governor and Cabinet sitting

19  as the Executive Office of Clemency.

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

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

22  school graduation. There is no application deadline for a

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

24  subparagraph (1)(b)2.

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

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

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

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

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

30  her award during the first year of eligibility after high

31  school graduation, may apply for reinstatement of the award

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  1  for use within 7 reapply during subsequent application periods

  2  up to 3 years after high school graduation. Reinstatement

  3  applications must be received by the deadline established by

  4  the Department of Education.

  5         Section 4.  Section 240.40203, Florida Statutes, is

  6  amended to read:

  7         240.40203  Florida Bright Futures Scholarship Program;

  8  student eligibility requirements for renewal, reinstatement,

  9  and restoration awards.--

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

11  any of the three types of scholarships under the Florida

12  Bright Futures Scholarship Program after the first year of

13  eligibility, a student must meet the following requirements

14  for either renewal, reinstatement, or restoration:

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

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

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

18  equivalent in the last academic year in which the student

19  earned a scholarship.

20         (b)  and maintain the cumulative grade point average

21  required by the scholarship program, except that:

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

23  required to renew a Florida Academic Scholarship, but are

24  sufficient to renew a Florida Merit Scholarship or a Florida

25  Vocational Gold Seal Scholarship, the Department of Education

26  may grant a renewal from one of those other scholarship

27  programs, if the student meets the renewal eligibility

28  requirements.; or

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

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

31  not sufficient insufficient to renew the scholarship, the

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

  2  following summer to renew the scholarship restore eligibility

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

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

  5  Legislature encourages education institutions to assist

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

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

  8  institution determines that it is possible, the education

  9  institution may so inform the department, which may reserve

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

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

12  required cumulative grade point average and earns the required

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

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

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

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

17  is the fall semester of the following academic year.

18         (b)  Reinstatement applies to students who were

19  eligible but did not receive an award during the previous

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

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

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

23  Futures eligibility determination.  The student must apply for

24  reinstatement by submitting a reinstatement application by the

25  deadline established by the Department of Education.

26         (c)  Restoration applies to students who lost

27  scholarship eligibility due to a low renewal grade point

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

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

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

31  renewal requirements during a prior evaluation period may

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  1  restore eligibility by meeting the required grade point

  2  average during a subsequent renewal evaluation period.  A

  3  student is eligible to receive such restoration only once.

  4  The student must submit an application for restoration by the

  5  deadline established by the Department of Education.

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

  7  terminates in an associate degree or a baccalaureate degree

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

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

10  student who is enrolled in an undergraduate program that

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

12  simultaneous award of baccalaureate and postbaccalaureate

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

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

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

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

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

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

19  one of these program levels to another becomes eligible for

20  the higher of the two credit hour limits.

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

22  Florida Statutes, is amended to read:

23         240.40204  Florida Bright Futures Scholarship Program;

24  eligible postsecondary education institutions.--A student is

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

26  Florida Bright Futures Scholarship Program if the student

27  meets the requirements for the program as described in this

28  act and is enrolled in a postsecondary education institution

29  that meets the description in any one of the following

30  subsections:

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  1         (2)  An independent Florida college or university that

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

  3  Postsecondary Accreditation and which has operated in the

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

  5  agency recognized by the United States Department of

  6  Education.

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

  8  240.40205, Florida Statutes, are amended to read:

  9         240.40205  Florida Academic Scholars award.--

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

11  public postsecondary education institution is eligible for an

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

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

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

15  annually. A student who is enrolled in a nonpublic

16  postsecondary education institution is eligible for an award

17  equal to the amount that would be required to pay for the

18  average matriculation and fees of a public postsecondary

19  education institution at the comparable level, plus the amount

20  provided for college-related expenses annual $600.

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

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

23  requirements of s. 240.40203 and the maintain the equivalent

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

25  the equivalent, for all postsecondary education work

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

27  restoration reinstatement as provided in this act.

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

29  Scholar with the highest academic ranking shall receive an

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

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

  2  the Florida Bright Futures Scholarship Program.

  3         Section 7.  Section 240.40206, Florida Statutes, is

  4  amended to read:

  5         240.40206  Florida Merit Scholars award.--

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

  7  award if the student meets the general eligibility

  8  requirements for the Florida Bright Futures Scholarship

  9  Program and the student:

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

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

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

13  and recommended by the State Board of Community Colleges as

14  college-preparatory academic courses; and

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

16  rules of the Department of Education on the combined verbal

17  and quantitative parts of the Scholastic Aptitude Test, the

18  Scholastic Assessment Test, or the recentered Scholastic

19  Assessment Test of the College Entrance Examination, or an

20  equivalent score on the American College Testing Program; or

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

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

23  International Baccalaureate curriculum but failed to earn the

24  International Baccalaureate Diploma, and has attained at least

25  the score identified by rules of the Department of Education

26  on the combined verbal and quantitative parts of the

27  Scholastic Aptitude Test, the Scholastic Assessment Test, or

28  the recentered Scholastic Assessment Test of the College

29  Entrance Examination, or an equivalent score on the American

30  College Testing Program; or.

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

  2  programs of the National Merit Scholarship Corporation as a

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

  4  community service as provided by s. 240.40205.

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

  6  equal to the amount required to pay 75 percent of

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

  8  student is enrolled in a public postsecondary education

  9  institution. A student who is enrolled in a nonpublic

10  postsecondary education institution is eligible for an award

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

12  of the matriculation and fees of a public postsecondary

13  education institution at the comparable level.

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

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

16  requirements of s. 240.40203 and the maintain the equivalent

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

18  or the equivalent, for all postsecondary education work

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

20  reinstatement one restoration time as provided in this act.

21         Section 8.  Section 240.40207, Florida Statutes, is

22  amended to read:

23         240.40207  Florida Gold Seal Vocational Scholars

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

25  created within the Florida Bright Futures Scholarship Program

26  to recognize and reward academic achievement and vocational

27  preparation by high school students who wish to continue their

28  education.

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

30  Vocational Scholars award if the student meets the general

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  1  eligibility requirements for the Florida Bright Futures

  2  Scholarship Program and the student:

  3         (a)  Successfully completes the secondary school

  4  portion of a sequential program of studies that requires at

  5  least three secondary school vocational credits in one program

  6  of study identified by the Department of Education taken over

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

  8  related postsecondary education program. If the student's

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

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

11  education program selected by the Occupational Forecasting

12  Conference or the Workforce Development Board of Enterprise

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

14  occupation with high potential for employment opportunities.

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

16  three required vocational credits.

17         (b)  Demonstrates readiness for postsecondary education

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

19  Placement Test or its equivalent as identified by the

20  Department of Education.

21         (c)  Earns a minimum cumulative weighted grade point

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

23  subjects required for a standard high school diploma,

24  excluding elective courses.

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

26  3.5 on a 4.0 scale for secondary vocational courses comprising

27  the vocational program.

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

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

30  Education.

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

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

  3  matriculation and fees, as defined by the Department of

  4  Education, if the student is enrolled in a public

  5  postsecondary education institution. A student who is enrolled

  6  in a nonpublic postsecondary education institution is eligible

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

  8  75 percent of the matriculation and mandatory fees of a public

  9  postsecondary education institution at the comparable level.

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

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

12  the requirements of s. 240.40203 and the maintain the

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

14  4.0 scale, or the equivalent, for all postsecondary education

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

16  reinstatement one restoration time as provided in this act.

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

18  Scholarship for 110 percent of the number of credit hours

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

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

21  grade point average of 2.75 in all postsecondary education

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

23  any renewal period. All other provisions of that program

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

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

26  credit hours the student attempted while earning the Gold Seal

27  Vocational Scholarship.

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

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

30  institution that grants baccalaureate degrees unless the award

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

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

  3         (6)  Upon successful completion of an an associate

  4  degree program, an award recipient who meets the renewal

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

  6  degree program at an eligible postsecondary education

  7  institution is eligible to transfer to the Florida Merit

  8  Scholars award component of the Bright Futures Scholarship

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

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

11  degree program during a subsequent term of the same academic

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

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

14  necessary, the department may provide an exception to the

15  90-semester-hour limit, or the equivalent, through the end of

16  that academic year. Other than initial eligibility criteria,

17  all other requirements of the Florida Merit Scholars award

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

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

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

21  credit hours for which the student has already received

22  funding under the Bright Futures Scholarship Program.

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

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

25  has a cumulative grade point average of 2.75 in all

26  postsecondary education work attempted, the Department of

27  Education may transfer the student to the Florida Merit

28  Scholars award component of the Bright Futures Scholarship

29  Program during any renewal period. All other provisions of

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

31  calculated by subtracting from the student's total eligibility

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

  2  received funding under the Bright Futures Scholarship Program.

  3         Section 9.  Section 240.40209, Florida Statutes, is

  4  amended to read:

  5         240.40209  Bright Futures Scholarship recipients

  6  attending nonpublic institutions; calculation of

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

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

  9  Florida Bright Futures Scholarship Program, who is enrolled in

10  a nonpublic postsecondary education institution, and who is

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

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

13  award calculated by using the average matriculation and fee

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

15  full-time attendance at a public postsecondary educational

16  education institution at the comparable level. If the student

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

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

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

20  on the level of fees assessed.

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

22  240.404, Florida Statutes, is amended to read:

23         240.404  General requirements for student eligibility

24  for state financial aid.--

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

26  students for state financial aid awards consist of the

27  following:

28         1.  Achievement of the academic requirements of and

29  acceptance at a state university or community college; a

30  nursing diploma school approved by the Florida Board of

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

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  1  which is accredited by an accrediting agency recognized by the

  2  United States Department of Education a member of the

  3  Commission on Recognition of Postsecondary Accreditation; any

  4  Florida institution the credits of which are acceptable for

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

  6  any private vocational-technical institution accredited by an

  7  accrediting agency recognized by the United States Department

  8  of Education a member of the Commission on Recognition of

  9  Postsecondary Accreditation.

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

11  preceding the award of aid for a program established pursuant

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

13  240.4125, s. 240.413, s. 240.4987, s. 240.605, or s. 240.606.

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

15  obtain an education. Resident status for purposes of receiving

16  state financial aid awards shall be determined in the same

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

18  240.1201 and rules of the State Board of Education.

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

20  resident by a postsecondary institution for initial receipt of

21  state-funded student financial assistance and has been

22  determined eligible to participate in a financial assistance

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

24  financial aid programs if he or she maintains continuous

25  enrollment at the postsecondary institution, with no break in

26  enrollment greater than 12 consecutive months.

27         3.  Submission of certification attesting to the

28  accuracy, completeness, and correctness of information

29  provided to demonstrate a student's eligibility to receive

30  state financial aid awards. Falsification of such information

31  shall result in the denial of any pending application and

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

  2  further payments shall be made. Additionally, students who

  3  knowingly make false statements in order to receive state

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

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

  6  be required to return all state financial aid awards

  7  wrongfully obtained.

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

  9  Florida Statutes, is amended to read:

10         240.4064  Critical teacher shortage tuition

11  reimbursement program.--

12         (3)  Participants may receive tuition reimbursement

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

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

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

16  tuition reimbursements shall be contingent on passing an

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

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

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

20  amended to read:

21         240.412  Jose Marti Scholarship Challenge Grant

22  Program.--

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

24  scholarship pursuant to this section, an applicant shall:

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

26  culture with origins in Mexico, South America, Central

27  America, or the Caribbean, regardless of race.

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

29  general requirements for student eligibility as provided in s.

30  240.404, except as otherwise provided in this section.

31

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  1         3.  Be accepted at a state university or community

  2  college or any Florida college or university accredited by an

  3  accrediting agency recognized by the United States Department

  4  of Education a member of the Commission on Recognition of

  5  Postsecondary Accreditation the credits of which are

  6  acceptable without qualification for transfer to state

  7  universities.

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

  9  student.

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

11  scale, or the equivalent for high school subjects creditable

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

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

14  point average for undergraduate college-level courses.

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

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

17  given to students with the lowest total family resources.

18  Renewal scholarships shall take precedence over new awards in

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

20  need.  No undergraduate student shall receive an award for

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

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

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

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

25  or 6 quarters.

26         Section 13.  Subsection (2) of section 240.413, Florida

27  Statutes, is amended to read:

28         240.413  Seminole and Miccosukee Indian Scholarships.--

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

30  students who:

31

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

  2  equivalency diploma issued by the Department of Education

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

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

  5  been accepted through an early admission program;

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

  7  college authorized by Florida law; a nursing diploma school

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

  9  university, or community college which is accredited by an

10  accrediting agency recognized by the United States Department

11  of Education a member of the Commission on Recognition of

12  Postsecondary Accreditation; or any Florida institution the

13  credits of which are acceptable for transfer to state

14  universities;

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

16  undergraduate or graduate students and make satisfactory

17  academic progress as defined by the college or university;

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

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

20         (e)  Meet the general requirements for student

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

22  provided in this section.

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

24  Statutes, is amended to read:

25         240.437  Student financial aid planning and

26  development.--

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

28  financial assistance programs authorized by state law that are

29  administered by the Bureau of Student Financial Assistance of

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

31  are not funded for 3 consecutive years after enactment shall

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  1  stand repealed.  Financial aid programs provided under this

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

  3  years shall stand repealed.  The Bureau Office of Student

  4  Financial Assistance of the Department of Education shall

  5  annually review the legislative appropriation of financial aid

  6  to identify such programs.

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

  8  Statutes, is repealed.

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

10  Florida Statutes, is amended to read:

11         240.472  Definitions.--As used in this act:

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

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

14  accrediting agency recognized by the United States Department

15  of Education and holds membership in the Commission on

16  Recognition of Postsecondary Accreditation; which grants

17  baccalaureate or associate degrees; which is not a pervasively

18  sectarian institution; and which does not discriminate in the

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

20  sex, or creed.

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

22  Statutes, is amended to read:

23         295.01  Children of deceased or disabled veterans;

24  education.--

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

26  state to provide educational opportunity at state expense for

27  dependent children either of whose parents was a resident of

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

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

30  preceding the child's application for benefits under this

31  section, and who:

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

  2  disease contracted during a period of wartime service as

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

  4  from diseases or disability resulting from such war service,

  5  or

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

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

  8         1.  Determined by the United States Department of

  9  Veterans Affairs or its predecessor to have a

10  service-connected 100-percent total and permanent disability

11  rating for compensation,

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

13  permanent disability rating of 100 percent and is in receipt

14  of disability retirement pay from any branch of the United

15  States Armed Services, or

16         3.  Issued a valid identification card by the

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

18

19  when the parents of such children have been bona fide

20  residents of the state for 5 years next preceding their

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

22  restrictions, and limitations hereof.

23         Section 18.  Section 295.02, Florida Statutes, is

24  amended to read:

25         295.02  Use of funds; age, etc.--

26         (1)  All sums appropriated and expended under this

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

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

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

30

31

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

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

  3  s. 295.018, or s. 295.0195., or of

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

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

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

  7  16 and 22 years, and who are in attendance at:

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

  9  including a community college or vocational-technical school,

10  or

11         (b)  Any postsecondary institution eligible to

12  participate in the Florida Bright Futures Scholarship program.

13

14  A student attending an eligible private postsecondary

15  institution may receive an award equivalent to the average

16  matriculation and fees calculated for full-time attendance at

17  a public postsecondary institution at the comparable level.

18  Any child having entered upon a course of training or

19  education under the provisions of this chapter, consisting of

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

21  22 years before the completion of such course may continue the

22  course and receive all benefits of the provisions of this

23  chapter until the course is completed. The Department of

24  Education shall administer this educational program subject to

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

26  authorized to adopt rules to implement this program.

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

28  Florida Statutes, are repealed.

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

30  246.041, Florida Statutes, is amended to read:

31         246.041  Powers and duties of board.--

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  1         (1)  The board shall:

  2         (r)  Provide information and documentation on an annual

  3  basis to the Office of Student Financial Assistance of the

  4  Department of Education regarding the requirements set forth

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

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

  7  relating to access grants for community college graduates, and

  8  s. 240.609, relating to Florida postsecondary endowment

  9  grants.

10         Section 21.  Paragraphs (a) and (c) of subsection (2)

11  of section 240.409, Florida Statutes, are amended to read:

12         240.409  Florida Public Student Assistance Grant

13  Program; eligibility for grants.--

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

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

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

17  per semester and who meet the general requirements for student

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

19  provided in this section.  Such grants shall be awarded

20  annually for the amount of demonstrated unmet need for the

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

22  average prior academic year cost of matriculation fees and

23  other registration fees for 30 credit hours at state

24  universities or such other amount as specified in the General

25  Appropriations Act, to any recipient. A demonstrated unmet

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

27  for a state student assistance grant. Recipients of such

28  grants must have been accepted at a state university or

29  community college authorized by Florida law.  No student may

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

31

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

  2  provided in s. 240.404(3).

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

  4  be given to students with both the lowest total family

  5  resources, in accordance with a nationally recognized system

  6  of need analysis, and a class ranking within the top 20

  7  percent as determined by the student's high school. Using the

  8  system of need analysis, the department shall establish a

  9  maximum expected family contribution. An institution may not

10  make a grant from this program to a student whose expected

11  family contribution exceeds the level established by the

12  department.  An institution may not impose additional criteria

13  to determine a student's eligibility to receive a grant award.

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

15  240.4095, Florida Statutes, is amended to read:

16         240.4095  Florida Private Student Assistance Grant

17  Program; eligibility for grants.--

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

19  the State Student Financial Assistance Trust Fund may be made

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

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

22  who meet the general requirements for student eligibility as

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

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

25  demonstrated unmet need for tuition and fees and may not

26  exceed an amount equal to the average matriculation and other

27  registration fees for 30 credit hours at state universities

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

29  Appropriations Act, to any applicant.  A demonstrated unmet

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

31  for a Florida private student assistance grant. Recipients of

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  1  such grants must have been accepted at a

  2  baccalaureate-degree-granting independent nonprofit college or

  3  university, which is accredited by the Commission on Colleges

  4  of the Southern Association of Colleges and Schools and which

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

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

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

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

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

10  240.4097, Florida Statutes, is amended to read:

11         240.4097  Florida Postsecondary Student Assistance

12  Grant Program; eligibility for grants.--

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

14  through the State Student Financial Assistance Trust Fund may

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

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

17  and who meet the general requirements for student eligibility

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

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

20  demonstrated unmet need for tuition and fees and may not

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

22  of matriculation and other registration fees for 30 credit

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

24  as specified in the General Appropriations Act, to any

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

26  render the applicant ineligible for a Florida postsecondary

27  student assistance grant.  Recipients of such grants must have

28  been accepted at a postsecondary institution that is located

29  in the state and that is:

30         1.  A private nursing diploma school approved by the

31  Florida Board of Nursing; or

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  1         2.  An institution either licensed by the State Board

  2  of Independent Colleges and Universities or exempt from

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

  4  institutions the students of which are eligible to receive a

  5  Florida private student assistance grant pursuant to s.

  6  240.4095.

  7

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

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

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

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

12  Statutes, is amended to read:

13         240.404  General requirements for student eligibility

14  for state financial aid.--

15         (3)  Undergraduate students shall be eligible to

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

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

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

19  or 12 quarters. However, undergraduate students participating

20  in college-preparatory instruction, students requiring

21  additional time to complete the college-level communication

22  and computation skills testing programs, or students enrolled

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

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

25  quarters.

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

27

28

29

30

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1888

  3

  4  The Committee Substitute will:

  5  Authorize the Department of Education to pay student expense
    stipends by semester rather than annually to students in the
  6  Florida Academic Scholars Program and to the highest ranking
    academic scholar in each school district.
  7
    Clarify criteria for restoration of a Gold Seal Vocational
  8  Scholarship.

  9  Not disqualify from the Bright Futures Scholarship Program a
    student who has had adjudication withheld for a felony charge.
10
    Authorize 4 years of eligibility for the Bright Futures
11  Scholarship Program after a student's discharge from the U. S.
    armed services, if the student enlisted within 6 months of
12  high school graduation.

13  Create a priority under the Florida Public Student Assistance
    Grant Program for students who have financial need and who are
14  also in the top 20 percent of their high school class.

15

16

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