House Bill 2283e2

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                                         HB 2283, Second Engrossed



  1                      A bill to be entitled

  2         An act relating to postsecondary education

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

  4         establishing legislative intent that funding

  5         formulas not penalize institutions for certain

  6         actions; providing an assurance that no

  7         institutions be required to lower fees;

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

  9         workforce development postsecondary student

10         fees; revising a limitation on the total value

11         of fee waivers; revising the date by which the

12         Commissioner of Education must provide a fee

13         schedule; deleting obsolete language; requiring

14         each school board or community college district

15         board of trustees to determine the method for

16         distributing certain awards; deleting a

17         provision that limits technology fees to

18         associate degree programs and courses;

19         authorizing school boards and community college

20         boards of trustees to establish technology and

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

22         relating to vocational preparatory instruction;

23         requiring students who enroll in certificate

24         career education programs of 450 hours or more

25         to complete an entry-level examination within a

26         certain period of time; revising provisions

27         relating to exceptional students to conform

28         with federal requirements; amending s. 239.514,

29         F.S., relating to the workforce development

30         capitalization incentive grant program;

31         authorizing the use of such funds to upgrade


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                                         HB 2283, Second Engrossed



  1         workforce development programs; amending s.

  2         240.1201, F.S.; authorizing the State Board of

  3         Education to classify students as residents or

  4         nonresidents for tuition purposes; amending ss.

  5         240.152 and 240.153, F.S.; conforming

  6         provisions relating to students with

  7         disabilities with federal requirements;

  8         requiring the State Board of Education to

  9         define "physical or mental impairment" by rule;

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

11         the State Board of Community Colleges in

12         rulemaking; providing specific rulemaking

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

14         requirements regarding the provision of

15         information on remediation courses; amending s.

16         240.325, F.S.; requiring the State Board of

17         Community Colleges, rather than the State Board

18         of Education, to adopt rules; requiring the

19         adoption of rules to address accreditation,

20         student withdrawal, and grade forgiveness;

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

22         community colleges to lease incubator

23         facilities; deleting obsolete language;

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

25         fees; deleting obsolete and redundant language;

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

27         inclusion of certain hours in calculations of

28         full-time equivalent enrollments; eliminating

29         provisions relating to funding for the category

30         of lifelong learning; providing one year

31         performance exemptions for new and expanded


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                                         HB 2283, Second Engrossed



  1         workforce development programs; amending s.

  2         231.621, F.S.; deleting the requirement that

  3         repayment of a Critical Teacher Shortage

  4         Student Loan be made directly to the holder of

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

  6         general student eligibility requirements for

  7         the Florida Bright Futures Scholarship;

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

  9         eligibility provisions for initial award of a

10         Florida Bright Futures Scholarship; amending s.

11         240.40203, F.S.; providing for renewal,

12         reinstatement, and restoration of an award;

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

14         accreditation requirements for postsecondary

15         education institution participation in the

16         Florida Bright Futures Scholarship Program;

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

18         Florida Academic Scholars award; requiring the

19         Department of Education to define matriculation

20         and fees for purposes of the award; clarifying

21         provisions relating to renewal and

22         reinstatement of an award; revising the amount

23         awarded to the Florida Academic Scholar with

24         the highest academic ranking; amending s.

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

26         Scholars award; authorizing the participation

27         of students who have been recognized by the

28         merit or achievement programs of the National

29         Merit Scholarship Corporation as a scholar or

30         finalist, but have not completed a program of

31         community service; requiring the Department of


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                                         HB 2283, Second Engrossed



  1         Education to define matriculation and fees for

  2         purposes of the award; clarifying provisions

  3         relating to renewal and reinstatement of an

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

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

  6         Seal Vocational Scholars award; revising

  7         student eligibility requirements; requiring the

  8         Department of Education to define matriculation

  9         and fees for purposes of the award; clarifying

10         provisions relating to renewal and restoration

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

12         Seal Vocational Scholars award at an

13         institution that grants baccalaureate degrees;

14         revising provisions relating to transfer to the

15         Florida Merit Scholars award program; providing

16         for determination of the credit hour

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

18         relating to the calculation of awards of Bright

19         Futures Scholarship recipients attending

20         nonpublic institutions; requiring the

21         Department of Education to define matriculation

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

23         240.404, F.S., relating to general requirements

24         for student eligibility for state financial

25         aid; revising accreditation requirements for

26         postsecondary education institution

27         participation; requiring that to remain

28         eligible, a student not have a break in

29         enrollment greater than 12 months; amending s.

30         240.4064, F.S., relating to the critical

31         teacher shortage tuition reimbursement program;


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                                         HB 2283, Second Engrossed



  1         increasing the rate of tuition reimbursement;

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

  3         Marti Scholarship Challenge Grant Program;

  4         revising accreditation requirements for

  5         postsecondary education institution

  6         participation; deleting the requirement that an

  7         applicant who applies as a graduate student

  8         have earned a 3.0 cumulative grade point

  9         average for undergraduate college-level

10         courses; deleting a limitation on the number of

11         semesters or quarters a graduate student may

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

13         relating to the Seminole and Miccosukee Indian

14         Scholarships; revising accreditation

15         requirements for postsecondary education

16         institution participation; amending s. 240.437,

17         F.S., relating to student financial aid

18         planning and development; deleting obsolete

19         provisions; clarifying provisions relating to

20         the repeal of unfunded financial assistance

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

22         prohibits an individual borrower who is in

23         default in making student financial assistance

24         repayments from being furnished with his or her

25         academic transcripts or other student records

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

27         the default status has been removed; amending

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

29         the term "institution" to reflect revised

30         accreditation requirements; amending s. 295.01,

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


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                                         HB 2283, Second Engrossed



  1         deceased or disabled veterans; clarifying

  2         student eligibility requirements; amending s.

  3         295.02, F.S., relating to use of funds for the

  4         education of children of deceased or disabled

  5         veterans; requiring the Department of Education

  6         to define tuition and registration fees for

  7         purposes of award of funds; clarifying student

  8         eligibility requirements; providing for the

  9         award of funds for attendance at an eligible

10         nonpublic postsecondary institution;

11         authorizing rules of the State Board of

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

13         to the Education Success Incentive Program, s.

14         240.40242, F.S., relating to use of certain

15         scholarship funds by children of deceased or

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

17         relating to access grants for community college

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

19         to the powers and duties of the State Board of

20         Independent Colleges and Universities; removing

21         an obsolete cross-reference; amending s.

22         240.409, F.S.; deleting the requirement that a

23         student attend full-time to be eligible for a

24         state student assistance grant; directing the

25         department to establish an application

26         deadline; requiring the student to enroll in at

27         least 6 semester hours, or the equivalent, per

28         semester; requiring participating institutions

29         to indicate whether the student met the

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

31         priority for awarding student assistance


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                                         HB 2283, Second Engrossed



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

  2         the department to establish an application

  3         deadline; directing participating institutions

  4         with regard to awarding of funds; deleting the

  5         requirement that a student attend full-time to

  6         be eligible for a Florida private student

  7         assistance grant; requiring a student to enroll

  8         in at least 6 semester hours, or the

  9         equivalent, per semester; amending s. 240.4097,

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

11         application deadline; directing institutions

12         with regard to awarding of funds; deleting the

13         requirement that a student attend full-time to

14         be eligible for a Florida postsecondary student

15         assistance grant; requiring a student to enroll

16         in at least 6 semester hours, or the

17         equivalent, per semester; 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.  Subsection (9) of section 239.115, Florida

27  Statutes, is amended to read:

28         239.115  Funds for operation of adult general education

29  and vocational education programs.--

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

31  Community Colleges, and the Jobs and Education Partnership


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                                         HB 2283, Second Engrossed



  1  shall provide the Legislature with recommended formulas,

  2  criteria, timeframes, and mechanisms for distributing

  3  performance funds. The commissioner shall consolidate the

  4  recommendations and develop a consensus proposal for funding.

  5  The Legislature shall adopt a formula and distribute the

  6  performance funds to the Division of Community Colleges and

  7  the Division of Workforce Development through the General

  8  Appropriations Act. The Legislature recognizes that community

  9  colleges and school districts must provide programs that are

10  current and meet the demands of business and industry.

11  Therefore, the Legislature intends that the funding formula

12  set forth in this section not penalize institutions which

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

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

15  Development Board.  The Legislature also intends that

16  performance exemptions be granted to institutions that start

17  new or significantly expand existing workforce development

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

19  implementation of the new or significantly expanded program.

20  These recommendations shall be based on formulas that would

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

22  through performance-funding awards:

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

24  occupations identified by the Occupational Forecasting

25  Conference created by s. 216.136 and other programs as

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

27  performance incentives shall be calculated for adults who

28  reach completion points or complete programs that lead to

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

30  employment.

31


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                                         HB 2283, Second Engrossed



  1         (b)  Programs that successfully prepare adults who are

  2  eligible for public assistance, economically disadvantaged,

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

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

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

  6  adults identified in this paragraph and job placement of such

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

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

  9         (c)  Programs identified by the Jobs and Education

10  Partnership as increasing the effectiveness and cost

11  efficiency of education.

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

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

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

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

16  section, to read:

17         239.117  Workforce development postsecondary student

18  fees.--

19         (5)  School districts and community colleges may waive

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

21  waivers granted by the school district or community college

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

23  college's postsecondary vocational certificate program

24  enrollment hours unless otherwise indicated by an the amount

25  established annually in the General Appropriations Act. Any

26  student whose fees are waived in excess of the authorized

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

28  school district or community college that waives fees and

29  requests state funding for a student in violation of the

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

31


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                                         HB 2283, Second Engrossed



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

  2  reported.

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

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

  5  of each year a schedule of fees for workforce development

  6  education, excluding continuing workforce education, for

  7  school districts and community colleges. The fee schedule

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

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

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

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

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

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

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

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

16  designed to lessen their impact upon students already

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

18  purposes must offset the full cost of instruction.

19  Fee-nonexempt students enrolled in vocational-preparatory

20  instruction shall be charged fees equal to the fees charged

21  for certificate career education instruction. Each community

22  college that conducts college-preparatory and

23  vocational-preparatory instruction in the same class section

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

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

26  trustees may establish a separate additional fee for financial

27  aid purposes and a separate additional fee for technology,

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

29  matriculation fee assessed for workforce development programs

30  funded through the Workforce Development Education Fund.  Each

31  school board and community college board of trustees may also


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                                         HB 2283, Second Engrossed



  1  establish additional financial aid and technology fees for

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

  3  of the base tuition fee assessed for workforce development

  4  programs funded through the Workforce Development Education

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

  6  the following criteria:

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

  8  trustees may establish a separate fee for financial aid

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

10  student fees collected for workforce development programs

11  funded through the Workforce Development Education Fund.  All

12  financial aid fees collected shall be deposited into a

13  separate workforce development student financial aid fee trust

14  fund of the district or community college to support students

15  enrolled in workforce development programs. Any undisbursed

16  balance remaining in the trust fund and interest income

17  accruing to investments from the trust fund shall increase the

18  total funds available for distribution to workforce

19  development education students. Awards shall be based on

20  student financial need and distributed in accordance with a

21  nationally recognized system of need analysis, as established

22  by each school board or community college district board of

23  trustees approved by the State Board for Career Education.

24  Fees collected pursuant to this paragraph subsection shall be

25  allocated in an expeditious manner.

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

27  accordance with technology improvement plans related to

28  vocational certificate programs and shall not supplant funding

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

30  district school board and community college district board of

31  trustees is authorized to establish a separate fee for


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                                         HB 2283, Second Engrossed



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

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

  3  credit hour or credit-hour equivalent for nonresident

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

  5  technology improvement plans. The technology fee may apply

  6  only to associate degree programs and courses. Fifty percent

  7  of technology fee revenues may be pledged by a community

  8  college board of trustees as a dedicated revenue source for

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

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

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

12         Section 3.  Subsection (19) of section 239.117, Florida

13  Statutes, is added to read:

14         (19)  Provisions of this section notwithstanding, no

15  institution will be required to reduce fees for workforce

16  development programs.

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

18  Florida Statutes, are amended to read:

19         239.213  Vocational-preparatory instruction.--

20         (2)  Students who enroll in a certificate career

21  education program of 450 hours or more shall complete an

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

23  into the program.  The state board shall designate

24  examinations that are currently in existence, the results of

25  which are comparable across institutions, to assess student

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

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

28  vocational-preparatory instruction or adult basic education

29  for a structured program of basic skills instruction. Such

30  instruction may include English for speakers of other

31  languages.  A student may not receive a certificate of


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                                         HB 2283, Second Engrossed



  1  vocational program completion prior to demonstrating the basic

  2  skills required in the state curriculum frameworks for the

  3  vocational program.

  4         (3)  Any student with disabilities who meets the

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

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

  7  provisions of this section.  A student who possesses an

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

  9  who has completed the college-level communication and

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

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

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

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

14  apprenticeship programs may also be exempted from the

15  provisions of this section.

16         Section 5.  Section 239.514, Florida Statutes, is

17  amended to read:

18         239.514  Workforce Development Capitalization Incentive

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

20  school districts and community colleges to be able to respond

21  to emerging local or statewide economic development needs is

22  critical to the workforce development system. The Workforce

23  Development Capitalization Incentive Grant Program is created

24  to provide grants to school districts and community colleges

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

26  associated with the creation or expansion of workforce

27  development programs that serve specific employment workforce

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

29  programs to established industry standards in accordance with

30  program updates conducted by the Division of Community

31  Colleges and the Division of Workforce Development.


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                                         HB 2283, Second Engrossed



  1         (1)  Funds awarded for a workforce development

  2  capitalization incentive grant may be used for instructional

  3  equipment, laboratory equipment, supplies, personnel, student

  4  services, or other expenses associated with the creation,

  5  upgrade, or expansion of a workforce development program.

  6  Expansion of a program may include either the expansion of

  7  enrollments in a program or expansion into new areas of

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

  9  for recurring instructional costs or for institutions'

10  indirect costs.

11         (2)  The Postsecondary Education Planning Commission

12  shall accept applications from school districts or community

13  colleges for workforce development capitalization incentive

14  grants. Applications from school districts or community

15  colleges shall contain projected enrollments and projected

16  costs for the new or expanded workforce development program.

17  The Postsecondary Education Planning Commission, in

18  consultation with the Jobs and Education Partnership, the

19  Department of Education, and the State Board of Community

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

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

22  Legislature a list in priority order of applications

23  recommended for a grant award.

24         (3)  The commission shall give highest priority to

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

26  occupations identified by the occupational forecasting

27  conference and other programs approved by the Jobs and

28  Education Partnership; programs that train people to enter

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

30  workforce adults who are eligible for public assistance,

31  economically disadvantaged, disabled, not proficient in


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                                         HB 2283, Second Engrossed



  1  English, or dislocated workers. The commission shall consider

  2  the statewide geographic dispersion of grant funds in ranking

  3  the applications and shall give priority to applications from

  4  education agencies that are making maximum use of their

  5  workforce development funding by offering high-performing,

  6  high-demand programs.

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

  8  240.1201, Florida Statutes, to read:

  9         240.1201  Determination of resident status for tuition

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

11  nonresidents for the purpose of assessing tuition fees in

12  public community colleges and universities.

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

14  adopt rules regarding the classification of students as

15  residents or nonresidents for tuition purposes to implement

16  the provisions of this section.

17         Section 7.  Section 240.152, Florida Statutes, is

18  amended to read:

19         240.152  Individuals who have disabilities Impaired and

20  learning disabled persons; admission to postsecondary

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

22  is hearing impaired, visually impaired, speech impaired, or

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

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

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

26  be eligible for reasonable substitution for any requirement

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

28  other postsecondary degree career education institution where

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

30  meet the admission requirement is related to the disability.

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


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                                         HB 2283, Second Engrossed



  1  State Board of Community Colleges shall adopt rules to

  2  implement this section and shall develop substitute admission

  3  requirements where appropriate.

  4         Section 8.  Section 240.153, Florida Statutes, is

  5  amended to read:

  6         240.153  Individuals who have disabilities Impaired and

  7  learning disabled persons; graduation, study program

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

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

10  or other postsecondary degree career education institution who

11  is hearing impaired, visually impaired, speech impaired, or

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

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

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

15  be eligible for reasonable substitution for any requirement

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

17  entry into upper division where documentation can be provided

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

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

20  requirement or program admission requirement does not

21  constitute a fundamental alteration in the nature of the

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

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

24  implement this section and shall develop substitute

25  requirements where appropriate.

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

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

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

29  amended to read:

30         240.311  State Board of Community Colleges; powers and

31  duties.--


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                                         HB 2283, Second Engrossed



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

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

  3  Education minimum standards for the operation of each

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

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

  6  personnel, budgeting, accounting and financial procedures,

  7  educational programs, student admissions and services, and

  8  community services.

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

10  recommendations relative to modifying district boundary lines

11  and for making recommendations upon all proposals for the

12  establishment of additional centers, instructional sites,

13  special purpose centers, or campuses for community colleges.

14         (5)  The State Board of Community Colleges is

15  responsible for reviewing and administering the state program

16  of support for the Florida Community College System and,

17  subject to existing law, shall:

18         (c)  Provide for and coordinate implementation of the

19  community college program fund in accordance with provisions

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

21  State Board of Community Colleges Education.

22         (8)

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

24  State Board of Community Colleges shall report on the

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

26  Representatives and the President of the Senate.

27         Section 10.  Section 240.321, Florida Statutes, is

28  amended to read:

29         240.321  Community college district board of trustees;

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

31


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                                         HB 2283, Second Engrossed



  1  make rules governing admissions of students.  These rules

  2  shall include the following:

  3         (1)  Admissions counseling shall be provided to all

  4  students entering college credit programs, which counseling

  5  shall utilize tests to measure achievement of college-level

  6  communication and computation competencies by all students

  7  entering college credit programs.

  8         (2)  Admission to associate degree programs is subject

  9  to minimum standards adopted by the State Board of Education

10  and shall require:

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

12  equivalency diploma as prescribed in s. 229.814, previously

13  demonstrated competency in college credit postsecondary

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

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

16  guardian attesting that the student has completed a home

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

18  Students who are enrolled in a dual enrollment or early

19  admission program pursuant to s. 240.116 and secondary

20  students enrolled in college-level instruction creditable

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

22  diploma, shall be exempt from this requirement.

23         (b)  A demonstrated level of achievement of

24  college-level communication and computation skills. Students

25  entering a postsecondary education program within 2 years of

26  graduation from high school with an earned college-ready

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

28  this testing requirement.

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

30  trustees.

31


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                                         HB 2283, Second Engrossed



  1         (3)  Admission to other programs within the community

  2  college shall include education requirements as established by

  3  the board of trustees.

  4

  5  Each board of trustees shall establish policies that notify

  6  students about, and place students into, adult basic

  7  education, adult secondary education, or other instructional

  8  programs that provide students with alternatives to

  9  traditional college-preparatory instruction, including private

10  provider instruction. Such notification shall include a

11  written listing or a prominent display of information on

12  alternative remedial options that must be available to each

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

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

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

16  adult education programs, and programs provided by private

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

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

19  or the display materials shall include all those providers

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

21  students with specific contact information and disclose the

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

23  instructional materials of each option listed. A student who

24  elects a private provider for remedial instruction is entitled

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

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

27  remediated. A student is prohibited from enrolling in

28  additional college-level courses until the student scores

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

30  test.

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                                         HB 2283, Second Engrossed



  1         Section 11.  Section 240.325, Florida Statutes, is

  2  amended to read:

  3         240.325  Minimum standards, definitions, and guidelines

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

  5  240.311(2), the State Board of Community Colleges Education

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

  7  guidelines for community colleges and the Division of

  8  Community Colleges which will assure the quality of education,

  9  systemwide coordination, and efficient progress toward

10  attainment of the community college mission. The State Board

11  of Community Colleges shall adopt rules addressing At a

12  minimum, these rules must address:

13         (1)  Personnel.

14         (2)  Contracting.

15         (3)  Program offerings and classification including

16  college-level communication and computation skills associated

17  with successful performance in college, with tests and other

18  assessment procedures which measure student achievement of

19  those skills. The performance measures shall provide that

20  students moving from one level of education to the next

21  acquire the necessary competencies for that level.

22         (4)  Provisions for curriculum development, graduation

23  requirements, accreditation, college calendars, and program

24  service areas.  These provisions shall include rules that:

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

26  degree to a student who successfully completes 60 semester

27  credit hours at the community college.

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

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

30  and designation system as credits toward a baccalaureate

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


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                                         HB 2283, Second Engrossed



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

  2  general education courses in the subject areas of

  3  communication, mathematics, social sciences, humanities, and

  4  natural sciences.

  5         (d)  Provide for procedures for student withdrawal and

  6  grade forgiveness.

  7

  8  The rules should encourage community colleges to enter into

  9  agreements with universities which allow community college

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

11  community college.  An agreement may provide for concurrent

12  enrollment at the community college and the university,

13  authority for the community college to offer an

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

15         (5)  Student admissions, conduct and discipline,

16  nonclassroom activities, and fees.

17         (6)  Budgeting.

18         (7)  Business and financial matters.

19         (8)  Student services.

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

21  including forms and dates of submission.

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

23  Florida Statutes, is amended to read:

24         240.3341  Incubator facilities for small business

25  concerns.--

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

27  the facility shall be owned or leased by the community

28  college.  The community college may charge residents of the

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

30  and support personnel and equipment.  No small business

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


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                                         HB 2283, Second Engrossed



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

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

  3  incubator facility pursuant to this section or of any such

  4  concern benefiting from the incubator facilities program.

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

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

  7  incubator facility may be leased by the community college.

  8  This paragraph is repealed on July 1, 2000.

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

10  240.35, Florida Statutes, are amended to read:

11         240.35  Student fees.--Unless otherwise provided, the

12  provisions of this section apply only to fees charged for

13  college credit instruction leading to an associate in arts

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

15  associate in science degree and noncollege credit

16  college-preparatory courses defined in s. 239.105.

17         (7)  Each community college board of trustees shall

18  establish matriculation and tuition fees, which may vary no

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

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

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

22  schedule must be expended solely is used only to support

23  additional safety and security purposes and shall not supplant

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

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

26  safety and security purposes, a community college board of

27  trustees must provide written justification to the State Board

28  of Community Colleges based on criteria approved by the local

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

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

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


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                                         HB 2283, Second Engrossed



  1  community college is authorized to increase the sum of the

  2  matriculation fee and technology fee by not more than 5

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

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

  5  exceed the prescribed statutory limit. Should a college decide

  6  to increase the matriculation fee, the funds raised by

  7  increasing the matriculation fee must be expended solely for

  8  additional safety and security purposes and shall not supplant

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

10  security purposes.

11         (10)  Each community college district board of trustees

12  may establish a separate activity and service fee not to

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

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

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

16  registration and tuition fees. The student activity and

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

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

19  purposes to directly benefit the student body in general.

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

21  publications and grants to duly recognized student

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

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

24  religion.

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

26  240.359, Florida Statutes, is amended to read:

27         240.359  Procedure for determining state financial

28  support and annual apportionment of state funds to each

29  community college district.--The procedure for determining

30  state financial support and the annual apportionment to each

31  community college district authorized to operate a community


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                                         HB 2283, Second Engrossed



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

  2  follows:

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

  4  COMMUNITY COLLEGE PROGRAM FUND FOR THE CURRENT OPERATING

  5  PROGRAM.--

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

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

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

  9  used in the calculation of full-time equivalent enrollments

10  for state funding purposes. The category of lifelong learning

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

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

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

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

15  earned a grade of D or F.

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

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

18  total state funding for workforce development education

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

20  Workforce Board from the performance requirements of

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

22  new programs and the expansion of existing programs targeted

23  by the board.

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

25  231.621, Florida Statutes, is amended to read:

26         231.621  Critical Teacher Shortage Student Loan

27  Forgiveness Program.--

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

29  Education is authorized to make loan principal repayments as

30  follows:

31


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                                         HB 2283, Second Engrossed



  1         (c)  All repayments shall be contingent on continued

  2  proof of employment in the designated subject areas in this

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

  4  The state shall not bear responsibility for the collection of

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

  6  that designated critical teacher shortage subject areas are

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

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

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

10  original loan repayment was made and otherwise meets all

11  conditions of eligibility.

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

13  Florida Statutes, is amended to read:

14         240.40201  Florida Bright Futures Scholarship

15  Program.--

16         (1)  The Florida Bright Futures Scholarship Program is

17  created to establish a lottery-funded scholarship program to

18  reward any Florida high school graduate who merits recognition

19  of high academic achievement and who enrolls in a degree

20  program, certificate program, or applied technology diploma

21  program at an eligible Florida public or private postsecondary

22  education institution within 7 3 years of graduation from high

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

24  receives scholarship funding, all eligibility will end 7 years

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

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

27  high school graduation maintains eligibility for 4 years

28  following his or her discharge from military service, provided

29  that all other eligibility criteria apply.

30

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                                         HB 2283, Second Engrossed



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

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

  3  are amended to read:

  4         240.40202  Florida Bright Futures Scholarship Program;

  5  student eligibility requirements for initial awards.--

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

  7  the three types of scholarships under the Florida Bright

  8  Futures Scholarship Program, a student must:

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

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

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

12  admission program of an eligible postsecondary education

13  institution or completes a home education program according to

14  s. 232.0201; or

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

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

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

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

19  means the occupational assignment outside of Florida of a

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

21  employed by the United States Government or the State of

22  Florida, a condition of which employment is assignment outside

23  of Florida.

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

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

26  has been granted clemency by the Governor and Cabinet sitting

27  as the Executive Office of Clemency.

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

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

30  school graduation. There is no application deadline for a

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                                         HB 2283, Second Engrossed



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

  2  subparagraph (1)(b)2.

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

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

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

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

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

  8  her award during the first year of eligibility after high

  9  school graduation, may apply for reinstatement of the award

10  for use within 7 reapply during subsequent application periods

11  up to 3 years after high school graduation. Reinstatement

12  applications must be received by the deadline established by

13  the Department of Education.

14         Section 19.  Section 240.40203, Florida Statutes, is

15  amended to read:

16         240.40203  Florida Bright Futures Scholarship Program;

17  student eligibility requirements for renewal, reinstatement,

18  and restoration awards.--

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

20  any of the three types of scholarships under the Florida

21  Bright Futures Scholarship Program after the first year of

22  eligibility, a student must meet the following requirements

23  for either renewal, reinstatement, or restoration:

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

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

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

27  equivalent in the last academic year in which the student

28  earned a scholarship.

29         (b)  and maintain the cumulative grade point average

30  required by the scholarship program, except that:

31


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                                         HB 2283, Second Engrossed



  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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                                         HB 2283, Second Engrossed



  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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                                         HB 2283, Second Engrossed



  1         Section 20.  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 21.  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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                                         HB 2283, Second Engrossed



  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 22.  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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                                         HB 2283, Second Engrossed



  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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                                         HB 2283, Second Engrossed



  1         Section 23.  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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                                         HB 2283, Second Engrossed



  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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                                         HB 2283, Second Engrossed



  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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                                         HB 2283, Second Engrossed



  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 24.  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 25.  Paragraph (a) of subsection (1) of section

31  240.404, Florida Statutes, is amended to read:


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                                         HB 2283, Second Engrossed



  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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                                         HB 2283, Second Engrossed



  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 26.  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 27.  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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                                         HB 2283, Second Engrossed



  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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                                         HB 2283, Second Engrossed



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

  2  or 6 quarters.

  3         Section 28.  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 29.  Subsection (6) of section 240.437, Florida

31  Statutes, is amended to read:


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                                         HB 2283, Second Engrossed



  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 30.  Subsection (5) of section 240.465, Florida

15  Statutes, is repealed.

16         Section 31.  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 32.  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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                                         HB 2283, Second Engrossed



  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 33.  Section 295.02, Florida Statutes, is

31  amended to read:


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                                         HB 2283, Second Engrossed



  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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                                         HB 2283, Second Engrossed



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

  2  Florida Statutes, are repealed.

  3         Section 35.  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 36.  Section 240.409, Florida Statutes, is

16  amended to read:

17         240.409  Florida Public Student Assistance Grant

18  Program; eligibility for grants.--

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

20  Assistance Grant Program. The program shall be administered by

21  the participating institutions in accordance with rules of the

22  state board.

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

24  application deadline for funds administered pursuant to this

25  section. 

26         (3)  Using the priorities established in this section

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

28  administered pursuant to this section to students who meet the

29  initial application deadline established pursuant to

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

31  any remaining funds from this program to students who apply


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                                         HB 2283, Second Engrossed



  1  after the deadline date and who are otherwise eligible

  2  pursuant to this section.

  3         (4)(2)(a)  State student assistance grants through the

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

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

  6  per term and who meet the general requirements for student

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

  8  provided in this section.  Such grants shall be awarded

  9  annually for the amount of demonstrated unmet need for the

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

11  average prior academic year cost of matriculation fees and

12  other registration fees for 30 credit hours at state

13  universities or such other amount as specified in the General

14  Appropriations Act, to any recipient. A demonstrated unmet

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

16  for a state student assistance grant. Recipients of such

17  grants must have been accepted at a state university or

18  community college authorized by Florida law.  No student may

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

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

21  provided in s. 240.404(3).

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

23  assistance grant shall be required to apply for the Pell

24  Grant. The Pell Grant entitlement shall be considered when

25  conducting an assessment of the financial resources available

26  to each student.

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

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

29  in accordance with a nationally recognized system of need

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

31  shall establish a maximum expected family contribution. An


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                                         HB 2283, Second Engrossed



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

  2  student whose expected family contribution exceeds the level

  3  established by the department.  An institution may not impose

  4  additional criteria to determine a student's eligibility to

  5  receive a grant award.

  6         (d)  Each participating institution shall report, to

  7  the department by the established date, the eligible students

  8  to whom grant moneys are disbursed each academic term and

  9  indicate whether or not the student met the application

10  deadline established pursuant to subsection (2). Each

11  institution shall also report to the department necessary

12  demographic and eligibility data for such students.

13         (5)(3)  Based on the unmet financial need of an

14  eligible applicant, the amount of a Florida public student

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

16  of the cost of matriculation and other registration fees for

17  30 credit hours at state universities per academic year or the

18  amount specified in the General Appropriations Act.

19         (6)(4)(a)  The funds appropriated for the Florida

20  Public Student Assistance Grant shall be distributed to

21  eligible institutions in accordance with a formula recommended

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

23  Financial Aid Advisors and reviewed by the Postsecondary

24  Education Planning Commission, the State Board of Community

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

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

27  recipients who met the application deadline, the number of

28  full-time eligible applicants who met the application deadline

29  who did not receive awards, the standardization of the

30  expected family contribution, and provisions for unused funds.

31


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                                         HB 2283, Second Engrossed



  1         (b)  Payment of Florida public student assistance

  2  grants shall be transmitted to the president of the state

  3  university or community college, or to his or her

  4  representative, in advance of the registration period.

  5  Institutions shall notify students of the amount of their

  6  awards.

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

  8  a disbursement shall be determined by each institution as of

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

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

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

12  purposes of changing eligibility determinations previously

13  made.

14         (d)  Institutions shall certify to the department the

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

16  the department any undisbursed advances by June 1 of each

17  year.

18         (7)(5)  Funds appropriated by the Legislature for state

19  student assistance grants shall be deposited in the State

20  Student Financial Assistance Trust Fund. Notwithstanding the

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

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

23  has been allocated to the Florida Public Student Assistance

24  Grant Program shall remain therein and shall be available for

25  carrying out the purposes of this section.

26         (8)(6)  The State Board of Education shall establish

27  rules necessary to implement this section.

28         Section 37.  Section 240.4095, Florida Statutes, is

29  amended to read:

30         240.4095  Florida Private Student Assistance Grant

31  Program; eligibility for grants.--


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                                         HB 2283, Second Engrossed



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

  2  Assistance Grant Program. The program shall be administered by

  3  the participating institutions in accordance with rules of the

  4  state board.

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

  6  application deadline for funds administered pursuant to this

  7  section.

  8         (3)  Using the priorities established in this section

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

10  administered pursuant to this section to students who meet the

11  initial application deadline established pursuant to

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

13  any remaining funds from this program to students who apply

14  after the deadline date and who are otherwise eligible

15  pursuant to this section.

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

17  the State Student Financial Assistance Trust Fund may be made

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

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

20  meet the general requirements for student eligibility as

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

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

23  demonstrated unmet need for tuition and fees and may not

24  exceed an amount equal to the average matriculation and other

25  registration fees for 30 credit hours at state universities

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

27  Appropriations Act, to any applicant.  A demonstrated unmet

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

29  for a Florida private student assistance grant. Recipients of

30  such grants must have been accepted at a

31  baccalaureate-degree-granting independent nonprofit college or


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                                         HB 2283, Second Engrossed



  1  university, which is accredited by the Commission on Colleges

  2  of the Southern Association of Colleges and Schools and which

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

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

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

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

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

  8  assistance grant shall be required to apply for the Pell

  9  Grant. The Pell Grant entitlement shall be considered when

10  conducting an assessment of the financial resources available

11  to each student.

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

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

14  in accordance with a nationally recognized system of need

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

16  shall establish a maximum expected family contribution. An

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

18  student whose expected family contribution exceeds the level

19  established by the department.  An institution may not impose

20  additional criteria to determine a student's eligibility to

21  receive a grant award.

22         (d)  Each participating institution shall report, to

23  the department by the established date, the eligible students

24  to whom grant moneys are disbursed each academic term and

25  indicate whether or not the student met the application

26  deadline established pursuant to subsection (2). Each

27  institution shall also report to the department necessary

28  demographic and eligibility data for such students.

29         (5)(3)  Based on the unmet financial need of an

30  eligible applicant, the amount of a Florida private student

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


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                                         HB 2283, Second Engrossed



  1  matriculation and other registration fees for 30 credit hours

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

  3  amount specified in the General Appropriations Act.

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

  5  Private Student Assistance Grant shall be distributed to

  6  eligible institutions in accordance with a formula recommended

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

  8  Financial Aid Advisors and reviewed by the Postsecondary

  9  Education Planning Commission and the Independent Colleges and

10  Universities of Florida. The formula shall consider at least

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

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

13  applicants who met the application deadline who did not

14  receive awards, the standardization of the expected family

15  contribution, and provisions for unused funds.

16         (b)  Payment of Florida private student assistance

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

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

19  registration period. Institutions shall notify students of the

20  amount of their awards.

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

22  a disbursement shall be determined by each institution as of

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

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

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

26  purposes of changing eligibility determinations previously

27  made.

28         (d)  Institutions shall certify to the department the

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

30  not the student met the application deadline established

31


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                                         HB 2283, Second Engrossed



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

  2  any undisbursed advances by June 1 of each year.

  3         (e)  Each institution that receives moneys through the

  4  Florida Private Student Assistance Grant Program shall cause

  5  to be prepared a biennial report that includes an independent

  6  external audit of the institution's administration of the

  7  program and a complete accounting of moneys in the State

  8  Student Financial Assistance Trust Fund allocated to the

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

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

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

12  institution's administration of the program and its allocated

13  funds in lieu of the required biennial report and independent

14  external audit.  The department may suspend or revoke an

15  institution's eligibility to receive future moneys from the

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

17  overpaid to the institution through the trust fund for the

18  program if the department finds that an institution has not

19  complied with the provisions of this section. Any refund

20  requested pursuant to this paragraph shall be remitted within

21  60 days.

22         (7)(5)  Funds appropriated by the Legislature for

23  Florida private student assistance grants shall be deposited

24  in the State Student Financial Assistance Trust Fund.

25  Notwithstanding the provisions of s. 216.301 and pursuant to

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

27  fiscal year that has been allocated to the Florida Private

28  Student Assistance Grant Program shall remain therein and

29  shall be available for carrying out the purposes of this

30  section and as otherwise provided by law.

31


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                                         HB 2283, Second Engrossed



  1         (8)(6)  The State Board of Education shall adopt rules

  2  necessary to implement this section.

  3         Section 38.  Section 240.4097, Florida Statutes, is

  4  amended to read:

  5         240.4097  Florida Postsecondary Student Assistance

  6  Grant Program; eligibility for grants.--

  7         (1)  There is hereby created a Florida Postsecondary

  8  Student Assistance Grant Program. The program shall be

  9  administered by the participating institutions in accordance

10  with rules of the state board.

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

12  application deadline for funds administered pursuant to this

13  section.

14         (3)  Using the priorities established in this section

15  and s. 240.4099, institutions shall first award funds

16  administered pursuant to this section to students who meet the

17  initial application deadline established pursuant to

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

19  any remaining funds from this program to students who apply

20  after the deadline date and who are otherwise eligible

21  pursuant to this section.

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

23  through the State Student Financial Assistance Trust Fund may

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

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

26  who meet the general requirements for student eligibility as

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

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

29  demonstrated unmet need for tuition and fees and may not

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

31  of matriculation and other registration fees for 30 credit


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                                         HB 2283, Second Engrossed



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

  2  as specified in the General Appropriations Act, to any

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

  4  render the applicant ineligible for a Florida postsecondary

  5  student assistance grant.  Recipients of such grants must have

  6  been accepted at a postsecondary institution that is located

  7  in the state and that is:

  8         1.  A private nursing diploma school approved by the

  9  Florida Board of Nursing; or

10         2.  An institution either licensed by the State Board

11  of Independent Colleges and Universities or exempt from

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

13  institutions the students of which are eligible to receive a

14  Florida private student assistance grant pursuant to s.

15  240.4095.

16

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

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

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

20         (b)  A student applying for a Florida postsecondary

21  student assistance grant shall be required to apply for the

22  Pell Grant. The Pell Grant entitlement shall be considered

23  when conducting an assessment of the financial resources

24  available to each student.

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

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

27  in accordance with a nationally recognized system of need

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

29  shall establish a maximum expected family contribution. An

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

31  student whose expected family contribution exceeds the level


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                                         HB 2283, Second Engrossed



  1  established by the department.  An institution may not impose

  2  additional criteria to determine a student's eligibility to

  3  receive a grant award.

  4         (d)  Each participating institution shall report, to

  5  the department by the established date, the eligible students

  6  to whom grant moneys are disbursed each academic term and

  7  indicate whether or not the student met the application

  8  deadline established pursuant to subsection (2). Each

  9  institution shall also report to the department necessary

10  demographic and eligibility data for such students.

11         (5)(3)  Based on the unmet financial need of an

12  eligible applicant, the amount of a Florida postsecondary

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

14  cost of matriculation and other registration fees for 30

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

16  year or the amount specified in the General Appropriations

17  Act.

18         (6)(4)(a)  The funds appropriated for the Florida

19  Postsecondary Student Assistance Grant shall be distributed to

20  eligible institutions in accordance with a formula recommended

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

22  Financial Aid Advisors and reviewed by the Postsecondary

23  Education Planning Commission and the Florida Association of

24  Postsecondary Schools and Colleges. The formula shall consider

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

26  recipients who met the application deadline, the number of

27  full-time eligible applicants who met the application deadline

28  who did not receive awards, the standardization of the

29  expected family contribution, and provisions for unused funds.

30         (b)  Payment of Florida postsecondary student

31  assistance grants shall be transmitted to the president of the


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                                         HB 2283, Second Engrossed



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

  2  advance of the registration period. Institutions shall notify

  3  students of the amount of their awards.

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

  5  a disbursement shall be determined by each institution as of

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

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

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

  9  purposes of changing eligibility determinations previously

10  made.

11         (d)  Institutions shall certify to the department the

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

13  not the student met the application deadline established

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

15  any undisbursed advances by June 1 of each year.

16         (e)  Each institution that receives moneys through the

17  Florida Postsecondary Student Assistance Grant Program shall

18  cause to be prepared a biennial report that includes an

19  independent external audit of the institution's administration

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

21  State Student Financial Assistance Trust Fund allocated to the

22  institution for the program.  Such report shall be submitted

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

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

25  institution's administration of the program and its allocated

26  funds in lieu of the required biennial report and independent

27  external audit. The department may suspend or revoke an

28  institution's eligibility to receive future moneys from the

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

30  overpaid to the institution through the trust fund for the

31  program if the department finds that an institution has not


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                                         HB 2283, Second Engrossed



  1  complied with the provisions of this section.  Any refund

  2  requested pursuant to this paragraph shall be remitted within

  3  60 days.

  4         (7)(5)  Any institution that was eligible to receive

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

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

  7  eligible to receive grants pursuant to this section.

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

  9  Florida postsecondary student assistance grants shall be

10  deposited in the State Student Financial Assistance Trust

11  Fund. Notwithstanding the provisions of s. 216.301 and

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

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

14  Postsecondary Student Assistance Grant Program shall remain

15  therein and shall be available for carrying out the purposes

16  of this section and as otherwise provided by law.

17         (9)(7)  The State Board of Education shall adopt rules

18  necessary to implement this section.

19         Section 39.  Section 240.4099, Florida Statutes, is

20  created to read:

21         240.4099  Florida student assistance grant programs;

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

23  criteria for the distribution of Florida student assistance

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

25  240.4097, priority in the distribution of grant money to

26  eligible initial applicants shall be given in the following

27  order:

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

29  graduate from Florida public high schools, who have completed

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

31  Regents and recommended by the State Board of Community


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                                         HB 2283, Second Engrossed



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

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

  3  rank shall be determined by the Department of Education.

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

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

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

  7  not to be reduced to accomplish this purpose.

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

  9  Statutes, is amended to read:

10         240.404  General requirements for student eligibility

11  for state financial aid.--

12         (3)  Undergraduate students shall be eligible to

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

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

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

16  or 12 quarters. However, undergraduate students participating

17  in college-preparatory instruction, students requiring

18  additional time to complete the college-level communication

19  and computation skills testing programs, or students enrolled

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

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

22  quarters.

23         Section 41.  The Division of Statutory Revision of the

24  Office of Legislative Services is directed to prepare a

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

26  the Legislature to change "Florida Merit Scholarship" to

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

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

29  2002-2003 school year.

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

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