Senate Bill 1888c2

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    Florida Senate - 2000                    CS for CS for SB 1888

    By the Committees on Fiscal Policy, Education and Senator
    Kirkpatrick




    309-2221-00

  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; limiting grant

29         awards to students with lowest total family

30         resources; creating s. 240.40995, F.S.;

31         providing priority for awarding student

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  1         assistance grants; amending s. 240.4095, F.S.;

  2         deleting the requirement that a student attend

  3         full-time to be eligible for a Florida private

  4         student assistance grant; requiring a student

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

  6         equivalent, per semester; limiting eligibility

  7         for postsecondary student assistance grants to

  8         students with the lowest total resources;

  9         amending s. 240.4097, F.S.; deleting the

10         requirement that a student attend full-time to

11         be eligible for a Florida postsecondary student

12         assistance grant; requiring a student to enroll

13         in at least 6 semester hours, or the

14         equivalent, per semester; limiting the

15         eligibility for postsecondary student

16         assistance grants to students with the lowest

17         total family resources; amending s. 240.404,

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

19         undergraduate student can receive financial

20         aid; directing the Division of Statutory

21         Revision to prepare a reviser's bill; providing

22         an effective date.

23

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

25

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

27  231.621, Florida Statutes, is amended to read:

28         231.621  Critical Teacher Shortage Student Loan

29  Forgiveness Program.--

30

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

  2  Education is authorized to make loan principal repayments as

  3  follows:

  4         (c)  All repayments shall be contingent on continued

  5  proof of employment in the designated subject areas in this

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

  7  The state shall not bear responsibility for the collection of

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

  9  that designated critical teacher shortage subject areas are

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

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

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

13  original loan repayment was made and otherwise meets all

14  conditions of eligibility.

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

16  Florida Statutes, is amended to read:

17         240.40201  Florida Bright Futures Scholarship

18  Program.--

19         (1)  The Florida Bright Futures Scholarship Program is

20  created to establish a lottery-funded scholarship program to

21  reward any Florida high school graduate who merits recognition

22  of high academic achievement and who enrolls in a degree

23  program, certificate program, or applied technology diploma

24  program at an eligible Florida public or private postsecondary

25  education institution within 7 3 years of graduation from high

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

27  receives scholarship funding, all eligibility will end 7 years

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

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

30  high school graduation maintains eligibility for 4 years

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  1  following his or her discharge from military service, provided

  2  that all other eligibility criteria apply.

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

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

  5  are amended to read:

  6         240.40202  Florida Bright Futures Scholarship Program;

  7  student eligibility requirements for initial awards.--

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

  9  the three types of scholarships under the Florida Bright

10  Futures Scholarship Program, a student must:

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

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

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

14  admission program of an eligible postsecondary education

15  institution or completes a home education program according to

16  s. 232.0201; or

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

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

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

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

21  means the occupational assignment outside of Florida of a

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

23  employed by the United States Government or the State of

24  Florida, a condition of which employment is assignment outside

25  of Florida.

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

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

28  has been granted clemency by the Governor and Cabinet sitting

29  as the Executive Office of Clemency.

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

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

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  1  school graduation. There is no application deadline for a

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

  3  subparagraph (1)(b)2.

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

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

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

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

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

  9  her award during the first year of eligibility after high

10  school graduation, may apply for reinstatement of the award

11  for use within 7 reapply during subsequent application periods

12  up to 3 years after high school graduation. Reinstatement

13  applications must be received by the deadline established by

14  the Department of Education.

15         Section 4.  Section 240.40203, Florida Statutes, is

16  amended to read:

17         240.40203  Florida Bright Futures Scholarship Program;

18  student eligibility requirements for renewal, reinstatement,

19  and restoration awards.--

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

21  any of the three types of scholarships under the Florida

22  Bright Futures Scholarship Program after the first year of

23  eligibility, a student must meet the following requirements

24  for either renewal, reinstatement, or restoration:

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

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

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

28  equivalent in the last academic year in which the student

29  earned a scholarship.

30         (b)  and maintain the cumulative grade point average

31  required by the scholarship program, except that:

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

  2  required to renew a Florida Academic Scholarship, but are

  3  sufficient to renew a Florida Merit Scholarship or a Florida

  4  Vocational Gold Seal Scholarship, the Department of Education

  5  may grant a renewal from one of those other scholarship

  6  programs, if the student meets the renewal eligibility

  7  requirements.; or

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

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

10  not sufficient insufficient to renew the scholarship, the

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

12  following summer to renew the scholarship restore eligibility

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

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

15  Legislature encourages education institutions to assist

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

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

18  institution determines that it is possible, the education

19  institution may so inform the department, which may reserve

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

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

22  required cumulative grade point average and earns the required

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

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

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

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

27  is the fall semester of the following academic year.

28         (b)  Reinstatement applies to students who were

29  eligible but did not receive an award during the previous

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

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

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

  2  Futures eligibility determination.  The student must apply for

  3  reinstatement by submitting a reinstatement application by the

  4  deadline established by the Department of Education.

  5         (c)  Restoration applies to students who lost

  6  scholarship eligibility due to a low renewal grade point

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

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

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

10  renewal requirements during a prior evaluation period may

11  restore eligibility by meeting the required grade point

12  average during a subsequent renewal evaluation period.  A

13  student is eligible to receive such restoration only once.

14  The student must submit an application for restoration by the

15  deadline established by the Department of Education.

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

17  terminates in an associate degree or a baccalaureate degree

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

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

20  student who is enrolled in an undergraduate program that

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

22  simultaneous award of baccalaureate and postbaccalaureate

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

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

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

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

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

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

29  one of these program levels to another becomes eligible for

30  the higher of the two credit hour limits.

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

  2  Florida Statutes, is amended to read:

  3         240.40204  Florida Bright Futures Scholarship Program;

  4  eligible postsecondary education institutions.--A student is

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

  6  Florida Bright Futures Scholarship Program if the student

  7  meets the requirements for the program as described in this

  8  act and is enrolled in a postsecondary education institution

  9  that meets the description in any one of the following

10  subsections:

11         (2)  An independent Florida college or university that

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

13  Postsecondary Accreditation and which has operated in the

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

15  agency recognized by the United States Department of

16  Education.

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

18  240.40205, Florida Statutes, are amended to read:

19         240.40205  Florida Academic Scholars award.--

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

21  public postsecondary education institution is eligible for an

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

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

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

25  annually. A student who is enrolled in a nonpublic

26  postsecondary education institution is eligible for an award

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

28  average matriculation and fees of a public postsecondary

29  education institution at the comparable level, plus the amount

30  provided for college-related expenses annual $600.

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

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

  3  requirements of s. 240.40203 and the maintain the equivalent

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

  5  the equivalent, for all postsecondary education work

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

  7  restoration reinstatement as provided in this act.

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

  9  Scholar with the highest academic ranking shall receive an

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

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

12  the Florida Bright Futures Scholarship Program.

13         Section 7.  Section 240.40206, Florida Statutes, is

14  amended to read:

15         240.40206  Florida Merit Scholars award.--

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

17  award if the student meets the general eligibility

18  requirements for the Florida Bright Futures Scholarship

19  Program and the student:

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

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

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

23  and recommended by the State Board of Community Colleges as

24  college-preparatory academic courses; and

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

26  rules of the Department of Education on the combined verbal

27  and quantitative parts of the Scholastic Aptitude Test, the

28  Scholastic Assessment Test, or the recentered Scholastic

29  Assessment Test of the College Entrance Examination, or an

30  equivalent score on the American College Testing Program; or

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

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

  3  International Baccalaureate curriculum but failed to earn the

  4  International Baccalaureate Diploma, and has attained at least

  5  the score identified by rules of the Department of Education

  6  on the combined verbal and quantitative parts of the

  7  Scholastic Aptitude Test, the Scholastic Assessment Test, or

  8  the recentered Scholastic Assessment Test of the College

  9  Entrance Examination, or an equivalent score on the American

10  College Testing Program; or.

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

12  programs of the National Merit Scholarship Corporation as a

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

14  community service as provided by s. 240.40205.

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

16  equal to the amount required to pay 75 percent of

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

18  student is enrolled in a public postsecondary education

19  institution. A student who is enrolled in a nonpublic

20  postsecondary education institution is eligible for an award

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

22  of the matriculation and fees of a public postsecondary

23  education institution at the comparable level.

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

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

26  requirements of s. 240.40203 and the maintain the equivalent

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

28  or the equivalent, for all postsecondary education work

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

30  reinstatement one restoration time as provided in this act.

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  1         Section 8.  Section 240.40207, Florida Statutes, is

  2  amended to read:

  3         240.40207  Florida Gold Seal Vocational Scholars

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

  5  created within the Florida Bright Futures Scholarship Program

  6  to recognize and reward academic achievement and vocational

  7  preparation by high school students who wish to continue their

  8  education.

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

10  Vocational Scholars award if the student meets the general

11  eligibility requirements for the Florida Bright Futures

12  Scholarship Program and the student:

13         (a)  Successfully completes the secondary school

14  portion of a sequential program of studies that requires at

15  least three secondary school vocational credits in one program

16  of study identified by the Department of Education taken over

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

18  related postsecondary education program. If the student's

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

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

21  education program selected by the Occupational Forecasting

22  Conference or the Workforce Development Board of Enterprise

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

24  occupation with high potential for employment opportunities.

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

26  three required vocational credits.

27         (b)  Demonstrates readiness for postsecondary education

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

29  Placement Test or its equivalent as identified by the

30  Department of Education.

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  1         (c)  Earns a minimum cumulative weighted grade point

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

  3  subjects required for a standard high school diploma,

  4  excluding elective courses.

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

  6  3.5 on a 4.0 scale for secondary vocational courses comprising

  7  the vocational program.

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

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

10  Education.

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

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

13  matriculation and fees, as defined by the Department of

14  Education, if the student is enrolled in a public

15  postsecondary education institution. A student who is enrolled

16  in a nonpublic postsecondary education institution is eligible

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

18  75 percent of the matriculation and mandatory fees of a public

19  postsecondary education institution at the comparable level.

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

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

22  the requirements of s. 240.40203 and the maintain the

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

24  4.0 scale, or the equivalent, for all postsecondary education

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

26  reinstatement one restoration time as provided in this act.

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

28  Scholarship for 110 percent of the number of credit hours

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

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

31  grade point average of 2.75 in all postsecondary education

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

  2  any renewal period. All other provisions of that program

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

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

  5  credit hours the student attempted while earning the Gold Seal

  6  Vocational Scholarship.

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

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

  9  institution that grants baccalaureate degrees unless the award

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

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

12         (6)  Upon successful completion of an an associate

13  degree program, an award recipient who meets the renewal

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

15  degree program at an eligible postsecondary education

16  institution is eligible to transfer to the Florida Merit

17  Scholars award component of the Bright Futures Scholarship

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

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

20  degree program during a subsequent term of the same academic

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

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

23  necessary, the department may provide an exception to the

24  90-semester-hour limit, or the equivalent, through the end of

25  that academic year. Other than initial eligibility criteria,

26  all other requirements of the Florida Merit Scholars award

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

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

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

30  credit hours for which the student has already received

31  funding under the Bright Futures Scholarship Program.

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

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

  3  has a cumulative grade point average of 2.75 in all

  4  postsecondary education work attempted, the Department of

  5  Education may transfer the student to the Florida Merit

  6  Scholars award component of the Bright Futures Scholarship

  7  Program during any renewal period. All other provisions of

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

  9  calculated by subtracting from the student's total eligibility

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

11  received funding under the Bright Futures Scholarship Program.

12         Section 9.  Section 240.40209, Florida Statutes, is

13  amended to read:

14         240.40209  Bright Futures Scholarship recipients

15  attending nonpublic institutions; calculation of

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

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

18  Florida Bright Futures Scholarship Program, who is enrolled in

19  a nonpublic postsecondary education institution, and who is

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

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

22  award calculated by using the average matriculation and fee

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

24  full-time attendance at a public postsecondary educational

25  education institution at the comparable level. If the student

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

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

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

29  on the level of fees assessed.

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

31  240.404, Florida Statutes, is amended to read:

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  1         240.404  General requirements for student eligibility

  2  for state financial aid.--

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

  4  students for state financial aid awards consist of the

  5  following:

  6         1.  Achievement of the academic requirements of and

  7  acceptance at a state university or community college; a

  8  nursing diploma school approved by the Florida Board of

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

10  which is accredited by an accrediting agency recognized by the

11  United States Department of Education a member of the

12  Commission on Recognition of Postsecondary Accreditation; any

13  Florida institution the credits of which are acceptable for

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

15  any private vocational-technical institution accredited by an

16  accrediting agency recognized by the United States Department

17  of Education a member of the Commission on Recognition of

18  Postsecondary Accreditation.

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

20  preceding the award of aid for a program established pursuant

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

22  240.4125, s. 240.413, s. 240.4987, s. 240.605, or s. 240.606.

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

24  obtain an education. Resident status for purposes of receiving

25  state financial aid awards shall be determined in the same

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

27  240.1201 and rules of the State Board of Education.

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

29  resident by a postsecondary institution for initial receipt of

30  state-funded student financial assistance and has been

31  determined eligible to participate in a financial assistance

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

  2  financial aid programs if he or she maintains continuous

  3  enrollment at the postsecondary institution, with no break in

  4  enrollment greater than 12 consecutive months.

  5         3.  Submission of certification attesting to the

  6  accuracy, completeness, and correctness of information

  7  provided to demonstrate a student's eligibility to receive

  8  state financial aid awards. Falsification of such information

  9  shall result in the denial of any pending application and

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

11  further payments shall be made. Additionally, students who

12  knowingly make false statements in order to receive state

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

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

15  be required to return all state financial aid awards

16  wrongfully obtained.

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

18  Florida Statutes, is amended to read:

19         240.4064  Critical teacher shortage tuition

20  reimbursement program.--

21         (3)  Participants may receive tuition reimbursement

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

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

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

25  tuition reimbursements shall be contingent on passing an

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

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

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

29  amended to read:

30         240.412  Jose Marti Scholarship Challenge Grant

31  Program.--

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

  2  scholarship pursuant to this section, an applicant shall:

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

  4  culture with origins in Mexico, South America, Central

  5  America, or the Caribbean, regardless of race.

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

  7  general requirements for student eligibility as provided in s.

  8  240.404, except as otherwise provided in this section.

  9         3.  Be accepted at a state university or community

10  college or any Florida college or university accredited by an

11  accrediting agency recognized by the United States Department

12  of Education a member of the Commission on Recognition of

13  Postsecondary Accreditation the credits of which are

14  acceptable without qualification for transfer to state

15  universities.

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

17  student.

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

19  scale, or the equivalent for high school subjects creditable

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

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

22  point average for undergraduate college-level courses.

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

24  $2,000. Priority in the distribution of scholarships shall be

25  given to students with the lowest total family resources.

26  Renewal scholarships shall take precedence over new awards in

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

28  need.  No undergraduate student shall receive an award for

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

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

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

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

  2  or 6 quarters.

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

  4  Statutes, is amended to read:

  5         240.413  Seminole and Miccosukee Indian Scholarships.--

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

  7  students who:

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

  9  equivalency diploma issued by the Department of Education

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

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

12  been accepted through an early admission program;

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

14  college authorized by Florida law; a nursing diploma school

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

16  university, or community college which is accredited by an

17  accrediting agency recognized by the United States Department

18  of Education a member of the Commission on Recognition of

19  Postsecondary Accreditation; or any Florida institution the

20  credits of which are acceptable for transfer to state

21  universities;

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

23  undergraduate or graduate students and make satisfactory

24  academic progress as defined by the college or university;

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

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

27         (e)  Meet the general requirements for student

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

29  provided in this section.

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

31  Statutes, is amended to read:

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  1         240.437  Student financial aid planning and

  2  development.--

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

  4  financial assistance programs authorized by state law that are

  5  administered by the Bureau of Student Financial Assistance of

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

  7  are not funded for 3 consecutive years after enactment shall

  8  stand repealed.  Financial aid programs provided under this

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

10  years shall stand repealed.  The Bureau Office of Student

11  Financial Assistance of the Department of Education shall

12  annually review the legislative appropriation of financial aid

13  to identify such programs.

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

15  Statutes, is repealed.

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

17  Florida Statutes, is amended to read:

18         240.472  Definitions.--As used in this act:

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

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

21  accrediting agency recognized by the United States Department

22  of Education and holds membership in the Commission on

23  Recognition of Postsecondary Accreditation; which grants

24  baccalaureate or associate degrees; which is not a pervasively

25  sectarian institution; and which does not discriminate in the

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

27  sex, or creed.

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

29  Statutes, is amended to read:

30         295.01  Children of deceased or disabled veterans;

31  education.--

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

  2  state to provide educational opportunity at state expense for

  3  dependent children either of whose parents was a resident of

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

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

  6  preceding the child's application for benefits under this

  7  section, and who:

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

  9  disease contracted during a period of wartime service as

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

11  from diseases or disability resulting from such war service,

12  or

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

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

15         1.  Determined by the United States Department of

16  Veterans Affairs or its predecessor to have a

17  service-connected 100-percent total and permanent disability

18  rating for compensation,

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

20  permanent disability rating of 100 percent and is in receipt

21  of disability retirement pay from any branch of the United

22  States Armed Services, or

23         3.  Issued a valid identification card by the

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

25

26  when the parents of such children have been bona fide

27  residents of the state for 5 years next preceding their

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

29  restrictions, and limitations hereof.

30         Section 18.  Section 295.02, Florida Statutes, is

31  amended to read:

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  1         295.02  Use of funds; age, etc.--

  2         (1)  All sums appropriated and expended under this

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

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

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

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

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

  8  s. 295.018, or s. 295.0195., or of

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

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

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

12  16 and 22 years, and who are in attendance at:

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

14  including a community college or vocational-technical school,

15  or

16         (b)  Any postsecondary institution eligible to

17  participate in the Florida Bright Futures Scholarship program.

18

19  A student attending an eligible private postsecondary

20  institution may receive an award equivalent to the average

21  matriculation and fees calculated for full-time attendance at

22  a public postsecondary institution at the comparable level.

23  Any child having entered upon a course of training or

24  education under the provisions of this chapter, consisting of

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

26  22 years before the completion of such course may continue the

27  course and receive all benefits of the provisions of this

28  chapter until the course is completed. The Department of

29  Education shall administer this educational program subject to

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

31  authorized to adopt rules to implement this program.

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

  2  Florida Statutes, are repealed.

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

  4  246.041, Florida Statutes, is amended to read:

  5         246.041  Powers and duties of board.--

  6         (1)  The board shall:

  7         (r)  Provide information and documentation on an annual

  8  basis to the Office of Student Financial Assistance of the

  9  Department of Education regarding the requirements set forth

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

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

12  relating to access grants for community college graduates, and

13  s. 240.609, relating to Florida postsecondary endowment

14  grants.

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

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

17         240.409  Florida Public Student Assistance Grant

18  Program; eligibility for grants.--

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

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

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

22  per semester and who meet the general requirements for student

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

24  provided in this section.  Such grants shall be awarded

25  annually for the amount of demonstrated unmet need for the

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

27  average prior academic year cost of matriculation fees and

28  other registration fees for 30 credit hours at state

29  universities or such other amount as specified in the General

30  Appropriations Act, to any recipient. A demonstrated unmet

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

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  1  for a state student assistance grant. Recipients of such

  2  grants must have been accepted at a state university or

  3  community college authorized by Florida law.  No student may

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

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

  6  provided in s. 240.404(3).

  7         (c)  Priority in the distribution of Grant moneys shall

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

  9  in accordance with a nationally recognized system of need

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

11  shall establish a maximum expected family contribution. An

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

13  student whose expected family contribution exceeds the level

14  established by the department.  An institution may not impose

15  additional criteria to determine a student's eligibility to

16  receive a grant award.

17         Section 22.  Section 240.40995, Florida Statutes, is

18  created to read:

19         240.40995  Florida student assistance grant programs;

20  priority for receiving grants.--

21         (1)  The distribution of Florida public, private, and

22  postsecondary student assistance grant money to initial

23  applicants must be according to the following priority:

24         (a)  First priority for student assistance grant money

25  shall be given to students who:

26         1.  Demonstrate financial need as determined by ss.

27  240.404 and 240.409;

28         2.  Have graduated from a Florida public high school;

29         3.  Have completed the high school courses that are

30  adopted by the Board of Regents and recommended by the State

31

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  1  Board of Community Colleges as college-preparatory academic

  2  courses;

  3         4.  Are enrolled full-time; and

  4         5.  Rank in the top 20 percent of their high school

  5  graduating class, as determined according to guidelines of the

  6  Department of Education.

  7         (b)  Second priority for student assistance grant money

  8  shall be given to other full-time students who demonstrate

  9  need.

10         (c)  Last priority for student assistance grant money

11  shall be given to part-time students who demonstrate need.

12         (2)  The Department of Education, in consultation with

13  the Florida Council of Student Financial Aid Advisors, shall

14  establish an initial application deadline for students who

15  meet the requirements in subsection (1). Institutions shall

16  first award funds administered pursuant to this section to

17  students who meet the initial application deadline. After such

18  deadline, the institutions may at their discretion award any

19  remaining funds from the Florida Student Assistance Grant or

20  from other need-based aid to students who are otherwise

21  eligible under this section.

22         Section 23.  Paragraphs (a) and (c) of subsection (2)

23  of section 240.4095, Florida Statutes, are amended to read:

24         240.4095  Florida Private Student Assistance Grant

25  Program; eligibility for grants.--

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

27  the State Student Financial Assistance Trust Fund may be made

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

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

30  who meet the general requirements for student eligibility as

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

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

  2  demonstrated unmet need for tuition and fees and may not

  3  exceed an amount equal to the average matriculation and other

  4  registration fees for 30 credit hours at state universities

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

  6  Appropriations Act, to any applicant.  A demonstrated unmet

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

  8  for a Florida private student assistance grant. Recipients of

  9  such grants must have been accepted at a

10  baccalaureate-degree-granting independent nonprofit college or

11  university, which is accredited by the Commission on Colleges

12  of the Southern Association of Colleges and Schools and which

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

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

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

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

17         (c)  Priority in the distribution of Grant moneys shall

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

19  in accordance with a nationally recognized system of need

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

21  shall establish a maximum expected family contribution. An

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

23  student whose expected family contribution exceeds the level

24  established by the department.  An institution may not impose

25  additional criteria to determine a student's eligibility to

26  receive a grant award.

27         Section 24.  Paragraphs (a) and (c) of subsection (2)

28  of section 240.4097, Florida Statutes, are amended to read:

29         240.4097  Florida Postsecondary Student Assistance

30  Grant Program; eligibility for grants.--

31

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

  2  through the State Student Financial Assistance Trust Fund may

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

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

  5  and who meet the general requirements for student eligibility

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

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

  8  demonstrated unmet need for tuition and fees and may not

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

10  of matriculation and other registration fees for 30 credit

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

12  as specified in the General Appropriations Act, to any

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

14  render the applicant ineligible for a Florida postsecondary

15  student assistance grant.  Recipients of such grants must have

16  been accepted at a postsecondary institution that is located

17  in the state and that is:

18         1.  A private nursing diploma school approved by the

19  Florida Board of Nursing; or

20         2.  An institution either licensed by the State Board

21  of Independent Colleges and Universities or exempt from

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

23  institutions the students of which are eligible to receive a

24  Florida private student assistance grant pursuant to s.

25  240.4095.

26

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

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

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

30         (c)  Priority in the distribution of Grant moneys shall

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

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  1  in accordance with a nationally recognized system of need

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

  3  shall establish a maximum expected family contribution. An

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

  5  student whose expected family contribution exceeds the level

  6  established by the department.  An institution may not impose

  7  additional criteria to determine a student's eligibility to

  8  receive a grant award.

  9         Section 25.  Subsection (3) of section 240.404, Florida

10  Statutes, is amended to read:

11         240.404  General requirements for student eligibility

12  for state financial aid.--

13         (3)  Undergraduate students shall be eligible to

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

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

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

17  or 12 quarters. However, undergraduate students participating

18  in college-preparatory instruction, students requiring

19  additional time to complete the college-level communication

20  and computation skills testing programs, or students enrolled

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

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

23  quarters.

24         Section 26.  The Division of Statutory Revision of the

25  Office of Legislative Services is directed to prepare a

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

27  the Legislature to change "Florida Merit Scholarship" to

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

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

30  2002-2003 school year.

31         Section 27.  This act shall take effect July 1, 2000.

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

  3

  4  First priority for distribution of student assistance grants
    is for full-time students with financial need who are in the
  5  top 20% of their high school graduation class and have
    completed the appropriate high school courses; second priority
  6  is for other full-time students with financial need; and third
    priority is for part-time students with financial need.  Any
  7  funds remaining after awards are made to students who meet the
    initial application deadline may be distributed to eligible
  8  students at the discretion of the institution.

  9  Directs Statutory Revision to prepare a reviser's bill for the
    2001 Session to change the name of the Florida Merit
10  Scholarship to "Florida Medallion Scholarship."

11

12

13

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16

17

18

19

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21

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