Senate Bill sb1330e1

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  1                      A bill to be entitled

  2         An act relating to student financial

  3         assistance; creating the Vocational Student

  4         Assistance Grant Program; providing eligibility

  5         criteria for students and educational

  6         institutions; establishing conditions for the

  7         amount of an award; providing program criteria;

  8         providing restrictions; providing

  9         administrative procedures; requiring certain

10         reports; requiring recommendations of the

11         Postsecondary Education Planning Commission,

12         the State Board of Nonpublic Career Education,

13         and the State Board of Independent Colleges and

14         Universities; amending s. 231.621, F.S.;

15         authorizing alternative payment procedures for

16         a loan forgiveness program; amending ss.

17         240.209, 240.35, F.S.; increasing the

18         percentage of funds from the financial aid fee

19         to be used for need-based financial aid for

20         students at state universities and community

21         colleges; requiring a report; amending s.

22         240.40201, F.S.; extending and placing a limit

23         upon the eligibility period for the Florida

24         Bright Futures Scholarship Program;

25         redesignating the Florida Merit Scholarship as

26         the Florida Medallion Scholarship; amending s.

27         240.40202, F.S.; defining terms; revising

28         application dates for the Florida Bright

29         Futures Scholarship Program; requiring school

30         districts to provide an annual report to

31         students; amending s. 240.40203, F.S.; defining


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  1         terms; providing conditions for awards to

  2         students in programs that confer

  3         post-baccalaureate degrees; conforming

  4         provisions; amending s. 240.40204, F.S.;

  5         conforming provisions; amending s. 240.40205,

  6         F.S.; eliminating obsolete provisions;

  7         expanding eligibility for the Florida Academic

  8         Scholarship; amending s. 240.40206, s.

  9         240.40207, F.S.; conforming provisions;

10         amending s. 240.40209, F.S.; directing the

11         Department of Education to define fee

12         calculation; amending s. 240.404, F.S.;

13         requiring an application process; providing

14         conditions for maintaining status as a resident

15         for tuition purposes; amending s. 240.4063,

16         F.S.; conforming provisions; amending s.

17         240.4064, F.S.; revising the tuition

18         reimbursement rate; amending s. 240.409, F.S.;

19         authorizing certain grants for part-time

20         students; revising terms of eligibility for

21         certain grants; amending ss. 240.4095,

22         240.4097, F.S.; conforming provisions; amending

23         s. 240.412, F.S.; conforming provisions;

24         amending s. 240.4126, F.S.; establishing the

25         amount of an award; conforming provisions;

26         amending ss. 240.4128, 240.413, F.S.;

27         conforming provisions; amending s. 240.437,

28         F.S.; authorizing administration by the

29         Department of Education for certain scholarship

30         programs; amending ss. 240.472, 240.6073,

31         240.6074, 240.6075, F.S.; conforming


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  1         provisions; amending ss. 295.01, 295.02, F.S.;

  2         providing eligibility for students attending

  3         certain postsecondary institutions; repealing

  4         s. 240.40208, F.S., relating to the transition

  5         period for the Bright Futures Scholarship

  6         Program; repealing s. 240.40242, F.S., relating

  7         to criteria for use of certain scholarship

  8         funds by children of deceased or disabled

  9         veterans; amending s. 240.235, F.S.; requiring

10         the approval of certain student fee

11         modifications, rather than just increases, by

12         certain committees; conforming provisions;

13         creating s. 240.236, F.S.; providing for the

14         establishment of student governments at each

15         state university with the authority to

16         establish certain procedures and to provide for

17         the election or removal of student government

18         officers; providing powers and duties;

19         providing for suspension or removal from office

20         under certain circumstances; amending s.

21         240.295, F.S.; conforming provisions; creating

22         s. 240.336, F.S.; providing for student

23         governments at community colleges; amending ss.

24         240.382, 240.531, 447.203, 447.301, F.S.;

25         conforming provisions; repealing s. 240.136,

26         F.S., relating to the removal and suspension of

27         student government officers; authorizing a

28         Bachelor of Science in Nursing degree program

29         at the University of West Florida; authorizing

30         a Master of Science in Social Work degree

31         program at Florida Atlantic University;


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  1         repealing s. 240.465(5), F.S., relating to

  2         withholding the academic transcript of a

  3         borrower who is in default in repayment of

  4         student loans; providing effective dates.

  5  

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

  7  

  8         Section 1.  Vocational Student Assistance Grant

  9  Program; eligibility for grants.--

10         (1)  The Vocational Student Assistance Grant Program is

11  created to be administered by the participating institutions

12  in accordance with rules of the Florida Board of Education.

13         (2)  A vocational student assistance grant may be made

14  only to a student who enrolls in at least 6 semester hours per

15  term, or the equivalent in quarter hours or clock hours, and

16  who meets the general requirements for student eligibility as

17  provided in section 240.404, Florida Statutes, except as

18  otherwise provided in this section. Such grants shall be

19  awarded annually for the amount of demonstrated unmet need for

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

21  the average prior academic year cost of matriculation and fees

22  for 30 credit hours at state universities or the amount

23  specified in the General Appropriations Act, to any recipient.

24  A demonstrated unmet need of less than $200 renders the

25  applicant ineligible for a Vocational Student Assistance

26  Grant.

27         (3)  A grant from the program may be awarded to a

28  student who:

29         (a)1.  Is enrolled in a public vocational-technical

30  center, community college, or any nonpublic career education

31  school or college accredited by an association that is


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  1  recognized by the United States Department of Education, which

  2  school or college has never had its accreditation removed for

  3  any reason, has been in continuous operation for at least 5

  4  years, has been issued a biennial license under section

  5  246.217, Florida Statutes, has not been the subject of a

  6  finding of probable cause and subsequent disciplinary action

  7  under section 246.226 or section 246.228, Florida Statutes, is

  8  not required by the Federal Government to apply for

  9  reimbursement for Title IV funding, and is located in and

10  chartered by the state; or

11         2.  Is enrolled in an institution that has been

12  licensed continuously for the preceding 5 years by the State

13  Board of Independent Colleges and Universities, or has met the

14  requirements of section 246.085(1)(a), Florida Statutes, and

15  is accredited by an association recognized by the United

16  States Department of Education, and which college has not been

17  the subject of a finding of probable cause and subsequent

18  disciplinary action under section 246.111, section 246.226, or

19  section 246.228, Florida Statutes, has been issued a license

20  under section 246.217, Florida Statutes, is not required by

21  the Federal Government to apply for reimbursement for Title IV

22  funding, and is located in and chartered by the state.

23         (b)  Is enrolled in a course or program that awards a

24  certificate or diploma as defined in section 246.203(6),

25  Florida Statutes.

26         1.  A student enrolled in a nonpublic school must be

27  enrolled in a program which is comparable and compatible, as

28  determined by the State Board of Nonpublic Career Education,

29  with a public job-preparatory vocational-technical program and

30  the program standards, including curriculum framework and

31  


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  1  student performance standards, as provided by rule of the

  2  Florida Board of Education.

  3         2.  A student enrolled in a nonpublic school must meet

  4  the same basic skills requirements as a student enrolled in

  5  public certificate-level career education as provided by rules

  6  of the Florida Board of Education.

  7         (4)  A student applying for a Florida Vocational

  8  Student Assistance Grant must also complete an application for

  9  the Pell Grant and, if the student is enrolled in a program

10  that meets the Pell Grant eligibility requirement for program

11  length, the student shall apply for the Pell Grant. The Pell

12  Grant entitlement shall be considered when conducting an

13  assessment of the financial resources available to the

14  student. The criteria and procedure for establishing standards

15  of eligibility shall be determined by the department in

16  consultation with the State Board of Nonpublic Career

17  Education and the State Board of Independent Colleges and

18  Universities. Priority in the distribution of grant moneys

19  shall be given to students with the lowest total family

20  resources, in accordance with a nationally recognized system

21  of need analysis as determined pursuant to this subsection.

22  Using the system of need analysis, the department shall

23  establish a maximum expected family contribution. An

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

25  student whose expected family contribution exceeds the level

26  established by the department. An institution may not impose

27  additional criteria to determine a student's eligibility to

28  receive a grant award.

29         (5)(a)  A student may not receive simultaneously a

30  vocational student assistance grant and any other form of

31  


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  1  student assistance grant provided pursuant to section 240.409,

  2  section 240.4095, or section 240.4097, Florida Statutes.

  3         (b)  The amount of the vocational student assistance

  4  grant may not exceed $1,000 and may not exceed the amount of

  5  demonstrated unmet need for matriculation and other fees.

  6         (c)  A student may not receive a vocational student

  7  assistance grant for more than 90 semester credit hours of

  8  enrollment, or the equivalent in quarter hours or clock hours.

  9         (d)  As a condition of renewal of a vocational student

10  assistance grant, a student must be in compliance with the

11  institutional definition of satisfactory progress for the

12  receipt of federal Title IV programs and be eligible for

13  continuous enrollment in the institution.

14         (6)  Each participating institution shall report to the

15  department by the established date the eligible students to

16  whom grant moneys are disbursed each academic term. Each

17  institution shall also report to the department necessary

18  demographic and eligibility data for such students.

19         (7)(a)  The funds appropriated for the Florida

20  Vocational 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 Nonpublic

25  Career Education, and the State Board of Independent Colleges

26  and Universities.

27         (b)  Payment of Florida vocational student assistance

28  grants shall be transmitted to the chief executive officer of

29  the educational institution or to his or her representative in

30  advance of the registration period. Institutions shall notify

31  students of the amount of their awards.


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  1         (c)  Institutions shall certify to the Department of

  2  Education the amount of funds disbursed to each student and

  3  shall remit to the department any undisbursed advances by

  4  April 1 of each year for preliminary allocation, and June 1 of

  5  each year for reallocation.

  6         (d)  Each institution that receives moneys through the

  7  Vocational Student Assistance Grant Program shall prepare an

  8  annual report that includes an independent external audit of

  9  the institution's administration of the program and a complete

10  accounting of the moneys in the State Student Financial

11  Assistance Trust Fund allocated to the institution for the

12  program. Such report shall be submitted to the department on

13  or before March 1 every year. The department may conduct its

14  own annual audit of an institution's administration of the

15  program and its allocated funds. The department may suspend or

16  revoke an institution's eligibility to receive future moneys

17  from the trust fund for the program or request a refund of any

18  moneys overpaid to the institution through the trust fund for

19  the program if the department finds that an institution has

20  not complied with the provisions of this section. Any refund

21  requested pursuant to this paragraph shall be remitted within

22  60 days.

23         (8)  Funds appropriated by the Legislature for

24  vocational student assistance grants shall be deposited in the

25  State Student Financial Assistance Trust Fund. Notwithstanding

26  the provisions of section 216.301, Florida Statutes, and

27  pursuant to section 216.351, Florida Statutes, any balance in

28  the trust fund at the end of any fiscal year that has been

29  allocated to the Vocational Student Assistance Grant Program

30  shall remain therein and shall be available for carrying out

31  the purposes of this section.


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

  2  231.621, Florida Statutes, is amended to read:

  3         231.621  Critical Teacher Shortage Student Loan

  4  Forgiveness Program.--

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

  6  Education may make loan principal repayments as follows:

  7         (c)  All repayments shall be contingent on continued

  8  proof of employment in the designated subject areas in this

  9  state and shall be made directly to the holder of the loan or,

10  if the loan is paid in full, directly to the teacher.  The

11  state shall not bear responsibility for the collection of any

12  interest charges or other remaining balance.  In the event

13  that designated critical teacher shortage subject areas are

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

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

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

17  original loan repayment was made and otherwise meets all

18  conditions of eligibility.

19         Section 3.  Paragraph (e) of subsection (3) of section

20  240.209, Florida Statutes, is amended to read:

21         240.209  Board of Regents; powers and duties.--

22         (3)  The board shall:

23         (e)  Establish student fees.

24         1.  By no later than December 1 of each year, the board

25  shall raise the systemwide standard for resident undergraduate

26  matriculation and financial aid fees for the subsequent fall

27  term, up to but no more than 25 percent of the prior year's

28  cost of undergraduate programs. In implementing this

29  paragraph, fees charged for graduate, medical, veterinary, and

30  dental programs may be increased by the Board of Regents in

31  the same percentage as the increase in fees for resident


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  1  undergraduates. However, in the absence of legislative action

  2  to the contrary in an appropriations act, the board may not

  3  approve annual fee increases for resident students in excess

  4  of 10 percent. The sum of nonresident student matriculation

  5  and tuition fees must be sufficient to defray the full cost of

  6  undergraduate education. Graduate, medical, veterinary, and

  7  dental fees charged to nonresidents may be increased by the

  8  board in the same percentage as the increase in fees for

  9  nonresident undergraduates. However, in implementing this

10  policy and in the absence of legislative action to the

11  contrary in an appropriations act, annual fee increases for

12  nonresident students may not exceed 25 percent. In the absence

13  of legislative action to the contrary in the General

14  Appropriations Act, the fees shall go into effect for the

15  following fall term.

16         2.  When the appropriations act requires a new fee

17  schedule, the board shall establish a systemwide standard fee

18  schedule required to produce the total fee revenue established

19  in the appropriations act based on the product of the assigned

20  enrollment and the fee schedule. The board may approve the

21  expenditure of any fee revenues resulting from the product of

22  the fee schedule adopted pursuant to this section and the

23  assigned enrollment.

24         3.  Upon provision of authority in a General

25  Appropriations Act to spend revenue raised pursuant to this

26  section, the board shall approve a university request to

27  implement a matriculation and out-of-state tuition fee

28  schedule which is calculated to generate revenue which varies

29  no more than 10 percent from the standard fee revenues

30  authorized through an appropriations act. In implementing an

31  alternative fee schedule, the increase in cost to a student


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  1  taking 15 hours in one term shall be limited to 5 percent.

  2  Matriculation and out-of-state tuition fee revenues generated

  3  as a result of this provision are to be expended for

  4  implementing a plan for achieving accountability goals adopted

  5  pursuant to s. 240.214 and for implementing a Board of

  6  Regents-approved plan to contain student costs by reducing the

  7  time necessary for graduation without reducing the quality of

  8  instruction. The plans shall be recommended by a

  9  universitywide committee, at least one-half of whom are

10  students appointed by the student body president. A

11  chairperson, appointed jointly by the university president and

12  the student body president, shall vote only in the case of a

13  tie.

14         4.  The board may implement individual university plans

15  for a differential out-of-state tuition fee for universities

16  that have a service area that borders another state.

17         5.  The board is authorized to collect for financial

18  aid purposes an amount not to exceed 5 percent of the student

19  tuition and matriculation fee per credit hour. The revenues

20  from fees are to remain at each campus and replace existing

21  financial aid fees. Such funds shall be disbursed to students

22  as quickly as possible. The board shall specify specific

23  limits on the percent of the fees collected in a fiscal year

24  which may be carried forward unexpended to the following

25  fiscal year. A minimum of 75 50 percent of funds from the

26  student financial aid fee for new financial aid awards shall

27  be used to provide financial aid based on absolute need. A

28  student who has received an award prior to July 1, 1984, shall

29  have his or her eligibility assessed on the same criteria that

30  was used at the time of his or her original award. The Board

31  of Regents shall develop criteria for making financial aid


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  1  awards. Each university shall report annually to the

  2  Department of Education on the revenue collected pursuant to

  3  this subparagraph, the amount carried forward, the criteria

  4  used to make awards, the amount and number of awards for each

  5  criterion, and a delineation of the distribution of such

  6  awards.  The report shall include an assessment by category of

  7  the financial need of every student who receives an award,

  8  regardless of the purpose for which the award is received.

  9  Awards which are based on financial need shall be distributed

10  in accordance with a nationally recognized system of need

11  analysis approved by the Board of Regents.  An award for

12  academic merit shall require a minimum overall grade point

13  average of 3.0 on a 4.0 scale or the equivalent for both

14  initial receipt of the award and renewal of the award.

15         6.  The board may recommend to the Legislature an

16  appropriate systemwide standard matriculation and tuition fee

17  schedule.

18         7.  The Education and General Student and Other Fees

19  Trust Fund is hereby created, to be administered by the

20  Department of Education.  Funds shall be credited to the trust

21  fund from student fee collections and other miscellaneous fees

22  and receipts. The purpose of the trust fund is to support the

23  instruction and research missions of the State University

24  System. Notwithstanding the provisions of s. 216.301, and

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

26  end of any fiscal year shall remain in the trust fund and

27  shall be available for carrying out the purposes of the trust

28  fund.

29         8.  The board is further authorized to establish the

30  following fees:

31  


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  1         a.  A nonrefundable application fee in an amount not to

  2  exceed $30.

  3         b.  An admissions deposit fee for the University of

  4  Florida College of Dentistry in an amount not to exceed $200.

  5         c.  An orientation fee in an amount not to exceed $35.

  6         d.  A fee for security, access, or identification

  7  cards. The annual fee for such a card may not exceed $10 per

  8  card. The maximum amount charged for a replacement card may

  9  not exceed $15.

10         e.  Registration fees for audit and zero-hours

11  registration; a service charge, which may not exceed $15, for

12  the payment of tuition in installments; and a

13  late-registration fee in an amount not less than $50 nor more

14  than $100 to be imposed on students who fail to initiate

15  registration during the regular registration period.

16         f.  A late-payment fee in an amount not less than $50

17  nor more than $100 to be imposed on students who fail to pay

18  or fail to make appropriate arrangements to pay (by means of

19  installment payment, deferment, or third-party billing)

20  tuition by the deadline set by each university. Each

21  university may adopt specific procedures or policies for

22  waiving the late-payment fee for minor underpayments.

23         g.  A fee for miscellaneous health-related charges for

24  services provided at cost by the university health center

25  which are not covered by the health fee set under s.

26  240.235(1).

27         h.  Materials and supplies fees to offset the cost of

28  materials or supplies that are consumed in the course of the

29  student's instructional activities, excluding the cost of

30  equipment replacement, repairs, and maintenance.

31  


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  1         i.  Housing rental rates and miscellaneous housing

  2  charges for services provided by the university at the request

  3  of the student.

  4         j.  A charge representing the reasonable cost of

  5  efforts to collect payment of overdue accounts.

  6         k.  A service charge on university loans in lieu of

  7  interest and administrative handling charges.

  8         l.  A fee for off-campus course offerings when the

  9  location results in specific, identifiable increased costs to

10  the university.

11         m.  Library fees and fines, including charges for

12  damaged and lost library materials, overdue reserve library

13  books, interlibrary loans, and literature searches.

14         n.  Fees relating to duplicating, photocopying,

15  binding, and microfilming; copyright services; and

16  standardized testing. These fees may be charged only to those

17  who receive the services.

18         o.  Fees and fines relating to the use, late return,

19  and loss and damage of facilities and equipment.

20         p.  A returned-check fee as authorized by s. 832.07(1)

21  for unpaid checks returned to the university.

22         q.  Traffic and parking fines, charges for parking

23  decals, and transportation access fees.

24         r.  An Educational Research Center for Child

25  Development fee for child care and services offered by the

26  center.

27         s.  Fees for transcripts and diploma replacement, not

28  to exceed $10 per item.

29         Section 4.  Subsection (11) of section 240.35, Florida

30  Statutes, is amended to read:

31  


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  1         240.35  Student fees.--Unless otherwise provided, the

  2  provisions of this section apply only to fees charged for

  3  college credit instruction leading to an associate in arts

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

  5  associate in science degree and noncollege credit

  6  college-preparatory courses defined in s. 239.105.

  7         (11)(a)  Each community college is authorized to

  8  establish a separate fee for financial aid purposes in an

  9  additional amount up to, but not to exceed, 5 percent of the

10  total student tuition or matriculation fees collected.  Each

11  community college may collect up to an additional 2 percent if

12  the amount generated by the total financial aid fee is less

13  than $250,000. If the amount generated is less than $250,000,

14  a community college that charges tuition and matriculation

15  fees at least equal to the average fees established by rule

16  may transfer from the general current fund to the scholarship

17  fund an amount equal to the difference between $250,000 and

18  the amount generated by the total financial aid fee

19  assessment. No other transfer from the general current fund to

20  the loan, endowment, or scholarship fund, by whatever name

21  known, is authorized.

22         (b)  All funds collected under this program shall be

23  placed in the loan and endowment fund or scholarship fund of

24  the college, by whatever name known. Such funds shall be

25  disbursed to students as quickly as possible.  An amount not

26  greater than 40 percent of the fees collected in a fiscal year

27  may be carried forward unexpended to the following fiscal

28  year.  However, funds collected prior to July 1, 1989, and

29  placed in an endowment fund may not be considered part of the

30  balance of funds carried forward unexpended to the following

31  fiscal year.


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  1         (c)  Up to 25 percent or $300,000, whichever is

  2  greater, of the financial aid fees collected may be used to

  3  assist students who demonstrate academic merit; who

  4  participate in athletics, public service, cultural arts, and

  5  other extracurricular programs as determined by the

  6  institution; or who are identified as members of a targeted

  7  gender or ethnic minority population. The financial aid fee

  8  revenues allocated for athletic scholarships and fee

  9  exemptions provided pursuant to subsection (17) for athletes

10  shall be distributed equitably as required by s.

11  228.2001(3)(d).  A minimum of 75 50 percent of the balance of

12  these funds for new awards shall be used to provide financial

13  aid based on absolute need, and the remainder of the funds

14  shall be used for academic merit purposes and other purposes

15  approved by the district boards of trustees.  Such other

16  purposes shall include the payment of child care fees for

17  students with financial need. The State Board of Community

18  Colleges shall develop criteria for making financial aid

19  awards.  Each college shall report annually to the Department

20  of Education on the revenue collected pursuant to this

21  paragraph, the amount carried forward, the criteria used to

22  make awards, the amount and number of awards for each

23  criterion, and a delineation of the distribution of such

24  awards. The report shall include an assessment by category of

25  the financial need of every student who receives an award,

26  regardless of the purpose for which the award is received.

27  Awards which are based on financial need shall be distributed

28  in accordance with a nationally recognized system of need

29  analysis approved by the State Board of Community Colleges. An

30  award for academic merit shall require a minimum overall grade

31  


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  1  point average of 3.0 on a 4.0 scale or the equivalent for both

  2  initial receipt of the award and renewal of the award.

  3         (d)  These funds may not be used for direct or indirect

  4  administrative purposes or salaries.

  5         Section 5.  Subsections (1), (2), (5), and (7) of

  6  section 240.40201, Florida Statutes, are amended, and

  7  subsection (11) is added to that section, to read:

  8         240.40201  Florida Bright Futures Scholarship

  9  Program.--

10         (1)  The Florida Bright Futures Scholarship Program is

11  created to establish a lottery-funded scholarship program to

12  reward any Florida high school graduate who merits recognition

13  of high academic achievement and who enrolls in a degree

14  program, certificate program, or applied technology diploma

15  program at an eligible Florida public or private postsecondary

16  education institution within 7 3 years of graduation from high

17  school. An award may not be provided to a student beyond 7

18  years after high school graduation, regardless of the year in

19  which the student first receives scholarship funding.

20         (2)  The Bright Futures Scholarship Program consists of

21  three types of awards, the Florida Academic Scholarship, the

22  Florida Medallion Merit Scholarship, and the Florida

23  Vocational Gold Seal Scholarship.

24         (5)  The department shall issue awards from the

25  scholarship program annually. Annual awards may be for up to

26  45 semester credit hours or the equivalent. Before the

27  registration period each semester, the department shall

28  transmit payment for each award to the president or director

29  of the postsecondary education institution, or his or her

30  representative, except that the department may withhold

31  


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  1  payment if the receiving institution fails to report or to

  2  make refunds to the department as required in this act.

  3         (a)  Within 30 days after the end of regular

  4  registration each semester, the educational institution shall

  5  certify to the department the eligibility status of each

  6  student who receives an award. After the end of the drop and

  7  add period, an institution is not required to reevaluate or

  8  revise a student's eligibility status, but must make a refund

  9  to the department if a student who receives an award

10  disbursement terminates enrollment for any reason during an

11  academic term and a refund is permitted by the institution's

12  refund policy.

13         (b)  An institution that receives funds from the

14  program shall certify to the department the amount of funds

15  disbursed to each student and shall remit to the department

16  any undisbursed advances within 60 days after the end of

17  regular registration.

18         (c)  Each institution that receives moneys through this

19  program shall prepare an annual report that includes an

20  independent external audit or an audit prepared by the Office

21  of the Auditor General. The report shall include an audit of

22  the institution's administration of the program and a complete

23  accounting of the moneys for the program. This report must be

24  submitted to the department annually by March 1. The

25  department may conduct its own annual audit of an

26  institution's administration of the program. The department

27  may request a refund of any moneys overpaid to the institution

28  for the program. The department may suspend or revoke an

29  institution's eligibility to receive future moneys for the

30  program if the department finds that an institution has not

31  complied with this section. The institution must remit within


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  1  60 days any refund requested in accordance with this

  2  subsection.

  3         (7)  A student may receive only one type of award from

  4  the Florida Bright Futures Scholarship Program at a time, but

  5  may transfer from one type of award to another through the

  6  renewal application process, if the student's eligibility

  7  status changes. However, a student is not eligible to transfer

  8  from a Florida Medallion Merit Scholarship or a Florida

  9  Vocational Gold Seal Scholarship to a Florida Academic

10  Scholarship. A student who receives an award from the program

11  may also receive a federal family education loan or a federal

12  direct loan, and the value of the award must be considered in

13  the certification or calculation of the student's loan

14  eligibility.

15         (11)  A student who graduates from high school in 1997

16  or earlier and who is eligible for the Florida Undergraduate

17  Scholar's Program pursuant to s. 240.402, Florida Statutes,

18  1996 Supplement, is eligible for the Florida Academic Scholars

19  award as provided in this chapter. A student who graduates

20  from high school in 1997 or earlier and who is eligible for

21  the Florida Vocational Gold Seal Endorsement Scholarship award

22  pursuant to s. 240.40201, Florida Statutes, 1996 Supplement,

23  is eligible for the Florida Gold Seal Vocational Scholars

24  award as provided in this chapter. Award eligibility ends 7

25  years after high school graduation.

26         Section 6.  Paragraphs (b) and (f) of subsection (1)

27  and subsection (2) of section 240.40202, Florida Statutes, are

28  amended, present subsection (4) of that section is

29  redesignated as subsection (5), and a new subsection (4) is

30  added to that section, to read:

31  


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  1         240.40202  Florida Bright Futures Scholarship Program;

  2  student eligibility requirements for initial awards.--

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

  4  the three types of scholarships under the Florida Bright

  5  Futures Scholarship Program, a student must:

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

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

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

  9  admission program of an eligible postsecondary education

10  institution or completes a home education program according to

11  s. 232.0201; or

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

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

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

15  The term, "public service assignment," as used in this

16  subparagraph, means the occupational assignment outside

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

18  who is employed by the United States Government or the State

19  of Florida, a condition of which employment is assignment

20  outside Florida.

21         (f)  Apply for a scholarship from the program by April

22  1 of the last semester before high school graduation. Requests

23  for exceptions to this deadline may be accepted by the high

24  school or district through December 31 following high school

25  graduation. There is no application deadline for a student who

26  graduates from a non-Florida high school pursuant to

27  subparagraph (b)2.

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

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

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

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


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

  2  her award during the first year of eligibility after high

  3  school graduation, may apply for reinstatement of the award

  4  for use within 7 reapply during subsequent application periods

  5  up to 3 years after high school graduation. Reinstatement

  6  applications must be received by the deadline established by

  7  the Department of Education.

  8         (4)  Each school district shall annually provide to

  9  each high school student a complete and accurate Florida

10  Bright Futures Scholarship Evaluation Report and Key. The

11  report shall be disseminated at the beginning of each school

12  year. The report must include all high school coursework

13  attempted, the number of credits earned toward each type of

14  award, and the calculation of the grade point average for each

15  award. The report must also identify all requirements not met

16  per award as well as identify the awards for which the student

17  has met the academic requirements.

18         Section 7.  Section 240.40203, Florida Statutes, is

19  amended to read:

20         240.40203  Florida Bright Futures Scholarship Program;

21  student eligibility requirements for renewal, reinstatement,

22  and restoration awards.--

23         (1)  After the first year of eligibility, a student who

24  wishes to receive To be eligible to renew a scholarship from

25  any of the three types of scholarships under the Florida

26  Bright Futures Scholarship Program, a student must meet the

27  following requirements for either renewal, reinstatement, or

28  restoration:

29         (a)  Renewal applies to a student who received an award

30  for at least one term during the previous academic year. For

31  renewal, a student must complete at least 12 semester credit


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  1  hours or the equivalent in the last academic year in which the

  2  student earned a scholarship and.

  3         (b)  maintain the cumulative grade point average

  4  required by the scholarship program, except that:

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

  6  required to renew a Florida Academic Scholarship, but are

  7  sufficient to renew a Florida Medallion Merit Scholarship or a

  8  Florida Vocational Gold Seal Scholarship, the Department of

  9  Education may grant a renewal from the Florida Medallion

10  Scholarship Program one of those other scholarship programs,

11  if the student meets the renewal eligibility requirements; or

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

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

14  not sufficient insufficient to renew the scholarship, the

15  student may use the cumulative grades or hours, or both,

16  earned through the following summer to renew the scholarship

17  restore eligibility by improving the grade point average to

18  the required level. A student is eligible for such a

19  reinstatement only once. The Legislature encourages

20  educational education institutions to assist students to

21  calculate whether or not it is possible to raise the grade

22  point average during the summer term. If the institution

23  determines that it is possible, the education institution may

24  so inform the department, which may reserve the student's

25  award if funds are available. The renewal, however, must not

26  be granted until the student achieves the required cumulative

27  grade point average and earns the required number of credit

28  hours. If during the summer term the student does not earn is

29  not sufficient hours or to raise the grade point average to

30  the required renewal level, the student is not eligible for an

31  


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  1  award student's next opportunity for renewal is the fall

  2  semester of the following academic year.

  3         (b)  Reinstatement applies to a student who was

  4  eligible but did not receive an award during the previous

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

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

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

  8  Futures eligibility determination. The student must apply for

  9  reinstatement by submitting a reinstatement application by the

10  deadline established by the Department of Education.

11         (c)  Restoration applies to a student who did not meet

12  renewal grade-point average or hours-earned requirements at a

13  prior evaluation period. A student may restore eligibility by

14  meeting the required renewal grade-point average at a

15  subsequent renewal evaluation period. A student is eligible

16  for restoration only once. The student must submit a

17  restoration application by the deadlines established by the

18  Department of Eduction.

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

20  terminates in an associate degree or a baccalaureate degree

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

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

23  student who is enrolled in a program that terminates in a

24  technical certificate may receive an award for a maximum of

25  110 percent of the credit hours or clock hours required to

26  complete the program up to 90 credit hours. A student who

27  transfers from one of these program levels to another becomes

28  eligible for the higher of the two credit hour limits.

29         (3)  A Florida Academic Scholar or a Florida Medallion

30  Scholar who is enrolled in a combined undergraduate and

31  graduate program that terminates in the award of a


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  1  post-baccalaureate degree or the simultaneous award of

  2  baccalaureate and post-baccalaureate degrees may receive an

  3  award for a maximum of 110 percent of the number of credit

  4  hours required to complete a standard undergraduate program at

  5  the institution attended, at the undergraduate rate.

  6         Section 8.  Subsection (2) of section 240.40204,

  7  Florida Statutes, is amended to read:

  8         240.40204  Florida Bright Futures Scholarship Program;

  9  eligible postsecondary education institutions.--A student is

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

11  Florida Bright Futures Scholarship Program if the student

12  meets the requirements for the program as described in this

13  act and is enrolled in a postsecondary education institution

14  that meets the description in any one of the following

15  subsections:

16         (2)  An independent Florida college or university that

17  is accredited by an accrediting agency that is recognized by

18  the United States Department of Education a member of the

19  Commission on Recognition of Postsecondary Accreditation and

20  which has operated in the state for at least 3 years.

21         Section 9.  Subsections (1) and (4) of section

22  240.40205, Florida Statutes, are amended to read:

23         240.40205  Florida Academic Scholars award.--

24         (1)  A student is eligible for a Florida Academic

25  Scholars award if the student meets the general eligibility

26  requirements for the Florida Bright Futures Scholarship

27  Program and the student:

28         (a)  Has achieved a 3.5 weighted grade point average as

29  calculated pursuant to s. 240.40202, or its equivalent, in

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

31  


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  1  and recommended by the State Board of Community Colleges as

  2  college-preparatory academic courses; and

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

  4  rules of the Department of Education on the combined verbal

  5  and quantitative parts of the Scholastic Aptitude Test, the

  6  Scholastic Assessment Test, or the recentered Scholastic

  7  Assessment Test of the College Entrance Examination, or an

  8  equivalent score on the American College Testing Program; or

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

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

11  International Baccalaureate curriculum but failed to earn the

12  International Baccalaureate Diploma, and has attained at least

13  the score identified by rules of the Department of Education

14  on the combined verbal and quantitative parts of the

15  Scholastic Aptitude Test, the Scholastic Assessment Test, or

16  the recentered Scholastic Assessment Test of the College

17  Entrance Examination, or an equivalent score on the American

18  College Testing Program; or

19         (d)  Has been awarded an International Baccalaureate

20  Diploma from the International Baccalaureate Office; or

21         (e)  Has been recognized by the merit or achievement

22  programs of the National Merit Scholarship Corporation as a

23  scholar or finalist; or

24         (f)  Has been recognized by the National Hispanic

25  Recognition Program as a scholar recipient.

26         (g)  Has been awarded the American International

27  Certificate of Education Diploma from the University of

28  Cambridge.

29  

30  Effective with the 1998-1999 school year, A student must

31  complete a program of community service work, as approved by


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  1  the district school board or the administrators of a nonpublic

  2  school, which shall include a minimum of 75 hours of service

  3  work and require the student to identify a social problem that

  4  interests him or her, develop a plan for his or her personal

  5  involvement in addressing the problem, and, through papers or

  6  other presentations, evaluate and reflect upon his or her

  7  experience.

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

  9  Scholar with the highest academic ranking shall be designated

10  as an Academic Top Scholar and shall receive an additional

11  award of $1,500 for college-related expenses. This award must

12  be funded from the Florida Bright Futures Scholarship Program.

13         Section 10.  Section 240.40206, Florida Statutes, is

14  amended to read:

15         240.40206  Florida Medallion Merit Scholars award.--

16         (1)  A student is eligible for a Florida Medallion

17  Merit Scholars award if the student meets the general

18  eligibility requirements for the Florida Bright Futures

19  Scholarship Program and the student:

20         (a)1.  Has achieved a weighted grade point average of

21  3.0 as calculated pursuant to s. 240.40202, or the equivalent,

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

23  Regents and recommended by the State Board of Community

24  Colleges as college-preparatory academic courses; and

25         2.(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

31  


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

  2  to 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;.

11         (c)  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 in s. 240.40205; or

15         (d)  Has been recognized by the National Hispanic

16  Recognition Program as a scholar, but has not completed a

17  program of community service as provided in s. 240.40205.

18         (2)  A Florida Medallion Merit Scholar is eligible for

19  an award equal to the amount required to pay 75 percent of

20  matriculation and fees, if the student is enrolled in a public

21  postsecondary education institution. A student who is enrolled

22  in a nonpublic postsecondary education institution is eligible

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

24  75 percent of the matriculation and fees of a public

25  postsecondary education institution at the comparable level.

26         (3)  To be eligible for a renewal award as a Florida

27  Medallion Merit Scholar, a student must maintain the

28  equivalent of a grade point average of 2.75 on a 4.0 scale for

29  all postsecondary education work attempted, with an

30  opportunity for restoration reinstatement one time as provided

31  in this act.


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  1         Section 11.  Paragraphs (a) and (c) of subsection (1)

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

  3  Statutes, are amended to read:

  4         240.40207  Florida Gold Seal Vocational Scholars

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

  6  created within the Florida Bright Futures Scholarship Program

  7  to recognize and reward academic achievement and vocational

  8  preparation by high school students who wish to continue their

  9  education.

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

11  Vocational Scholars award if the student meets the general

12  eligibility requirements for the Florida Bright Futures

13  Scholarship Program and the student:

14         (a)  Completes the secondary school portion of a

15  sequential program of studies that requires at least three

16  secondary school vocational credits in the same program taken

17  over 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 Workforce Estimating

22  Conference or Workforce Florida, Inc., for its ability to

23  provide high-wage employment in an occupation with high

24  potential for employment opportunities. On-the-job training

25  may not be substituted for any of the three required

26  vocational credits.

27         (c)  Earns a minimum cumulative weighted grade point

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

29  subjects required for a standard high school diploma,

30  excluding elective courses.

31  


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

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

  3  the requirements of s. 240.40203 and the maintain the

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

  5  4.0 scale for all postsecondary education work attempted. A

  6  student has, with an opportunity for one restoration

  7  reinstatement one time as provided in this act.

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

  9  Scholarship for 110 percent of the number of credit hours

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

11  equivalent. A Florida Gold Seal Vocational Scholar who meets

12  all renewal requirements for the Florida Medallion Scholars

13  award, has a cumulative grade point average of 2.75 in all

14  postsecondary education work attempted may apply for a Florida

15  Medallion Merit Scholars award at any renewal period or the

16  department may transfer the student to the Florida Medallion

17  Scholars Award during any renewal period. All other provisions

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

19  calculated by subtracting from the student's total eligibility

20  the number of credit hours the student attempted while earning

21  the Gold Seal Vocational Scholarship.

22         Section 12.  Section 240.40209, Florida Statutes, is

23  amended to read:

24         240.40209  Bright Futures Scholarship recipients

25  attending nonpublic institutions; calculation of

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

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

28  Florida Bright Futures Scholarship Program, who is enrolled in

29  a nonpublic postsecondary education institution, and who is

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

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


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  1  award calculated by using the average matriculation and fee

  2  calculation as defined by the Department of Education for

  3  full-time attendance at a public postsecondary education

  4  institution at the comparable level. If the student is

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

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

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

  8  on the level of fees assessed.

  9         Section 13.  Paragraph (a) of subsection (1) and

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

11  amended to read:

12         240.404  General requirements for student eligibility

13  for state financial aid.--

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

15  students for state financial aid awards consist of the

16  following:

17         1.  Achievement of the academic requirements of and

18  acceptance at a state university or community college; a

19  nursing diploma school approved by the Florida Board of

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

21  which is accredited by an accrediting agency recognized by the

22  United States Department of Education a member of the

23  Commission on Recognition of Postsecondary Accreditation; any

24  Florida institution the credits of which are acceptable for

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

26  any private vocational-technical institution accredited by an

27  accrediting agency recognized by the United States Department

28  of Education a member of the Commission on Recognition of

29  Postsecondary Accreditation.

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

31  preceding the award of aid for a program established pursuant


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

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

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

  4  obtain an education. Resident status for purposes of receiving

  5  state financial aid awards shall be determined in the same

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

  7  240.1201 and rules of the State Board of Education. A person

  8  who has been properly classified as a resident by a

  9  postsecondary education institution for initial receipt of

10  state-funded student financial assistance and found to be

11  eligible to participate in a financial assistance program may

12  continue to qualify as a resident for state-funded financial

13  aid programs if the student maintains continuous enrollment at

14  the postsecondary education institution, with no break in

15  enrollment greater than 12 consecutive months.

16         3.  Submission of certification attesting to the

17  accuracy, completeness, and correctness of information

18  provided to demonstrate a student's eligibility to receive

19  state financial aid awards. Falsification of such information

20  shall result in the denial of any pending application and

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

22  further payments shall be made. Additionally, students who

23  knowingly make false statements in order to receive state

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

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

26  be required to return all state financial aid awards

27  wrongfully obtained.

28         4.  Completion of the Free Application for Federal

29  Student Aid provided by the U.S. Department of Education and

30  submitted as required by the Florida Department of Education.

31  


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  1         (3)  Undergraduate students shall be eligible to

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

  3  number of credit hours required to complete the program 8

  4  semesters or 12 quarters. However, undergraduate students

  5  participating in college-preparatory instruction, students

  6  requiring additional time to complete the college-level

  7  communication and computation skills testing programs, or

  8  students enrolled in a 5-year undergraduate degree program

  9  shall be eligible to receive financial aid for a maximum of 10

10  semesters or 15 quarters.

11         Section 14.  Subsection (2) and paragraph (a) of

12  subsection (3) of section 240.4063, Florida Statutes, are

13  amended to read:

14         240.4063  Florida Teacher Scholarship and Forgivable

15  Loan Program.--

16         (2)  Within the Florida Teacher Scholarship and

17  Forgivable Loan Program shall be established the "Chappie"

18  James Most Promising Teacher Scholarship, which shall be

19  offered to a top graduating senior from each publicly funded

20  public secondary school in the state.  An additional number of

21  "Chappie" James Most Promising Teacher Scholarship awards

22  shall be offered annually to graduating seniors from nonpublic

23  secondary schools in the state which are listed with the

24  Department of Education and accredited by the Southern

25  Association of Colleges and Schools or any other private

26  statewide accrediting agency which makes public its standards,

27  procedures, and member schools.  The nonpublic secondary

28  schools shall be in compliance with regulations of the Office

29  for Civil Rights.  The number of awards to nonpublic secondary

30  school students shall be proportional to the number of awards

31  available to public secondary school students and shall be


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  1  calculated as the ratio of the number of nonpublic to public

  2  secondary school seniors in the state multiplied by the number

  3  of public secondary schools in the state.

  4         (a)  The scholarship may be used for attendance at a

  5  state university, a community college, or an independent

  6  institution as defined in s. 240.605.

  7         (b)  The amount of the scholarship is $1,500 and may be

  8  renewed for 1 year if the student earns a 2.5 cumulative grade

  9  point average and 12 credit hours per term and meets the

10  eligibility requirements for renewal of the award.

11         (c)  To be eligible for the scholarship, a student

12  shall: be ranked within the top quartile of the senior class;

13  have been an active member of a high school future teacher

14  organization, if such organization exists in the student's

15  school; have earned a minimum unweighted cumulative grade

16  point average of 3.0 on a 4.0 scale; file an application

17  within the application period; meet the general requirements

18  for student eligibility as provided in s. 240.404, except as

19  otherwise provided in this section; and have the intent to

20  enter the public teaching profession in Florida.

21         (d)  Three candidates from each publicly funded public

22  secondary school and one candidate from each nonpublic

23  secondary school in the state shall be nominated by the

24  principal and a committee of teachers, based on criteria which

25  shall include, but need not be limited to, rank in class,

26  standardized test scores, cumulative grade point average,

27  extracurricular activities, letters of recommendation, an

28  essay, and a declaration of intention to teach in a public

29  school in the state.

30         (e)  From public secondary school nominees, the

31  Commissioner of Education shall select a graduating senior


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  1  from each publicly funded public high school to receive a

  2  scholarship.  Selection of recipients from nonpublic secondary

  3  schools shall be made by a committee appointed by the

  4  Commissioner of Education comprised of representatives from

  5  nonpublic secondary schools and the Department of Education.

  6         (f)  Fifteen percent of scholarships awarded shall be

  7  to minority students.  However, in the event that fewer than

  8  15 percent of the total eligible nominees are minority

  9  students, the commissioner may allocate all award funds as

10  long as a scholarship loan is reserved for each eligible

11  minority nominee.

12         (3)(a)  Within the Florida Teacher Scholarship and

13  Forgivable Loan Program shall be established the Florida

14  Critical Teacher Shortage Forgivable Loan Program which shall

15  make undergraduate and graduate forgivable loans available to

16  eligible students entering programs of study that lead to a

17  degree in a teaching program in a critical teacher shortage

18  area.  To be eligible for a program loan, a candidate shall:

19         1.  Be a full-time student at the upper-division

20  undergraduate or graduate level in a teacher training program

21  approved by the department pursuant to s. 240.529 leading to

22  certification in a critical teacher shortage subject area.

23         2.  Have declared an intent to teach, for at least the

24  number of years for which a forgivable loan is received, in

25  publicly funded elementary or secondary schools of Florida in

26  a critical teacher shortage area identified by the State Board

27  of Education. For purposes of this chapter subsection, a

28  school is publicly funded if it receives at least 75 percent

29  of its operating costs from governmental agencies and operates

30  its educational program under contract with a public school

31  district or the Department of Education.


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  1         3.  Meet the general requirements for student

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

  3  provided in this section.

  4         4.  If applying for an undergraduate forgivable loan,

  5  have maintained a minimum cumulative grade point average of

  6  2.5 on a 4.0 scale for all undergraduate work.  Renewal

  7  applicants for undergraduate loans shall maintain a minimum

  8  cumulative grade point average of at least a 2.5 on a 4.0

  9  scale for all undergraduate work and have earned at least 12

10  semester credits per term, or the equivalent.

11         5.  If applying for a graduate forgivable loan, have

12  maintained an undergraduate cumulative grade point average of

13  at least a 3.0 on a 4.0 scale or have attained a Graduate

14  Record Examination score of at least 1,000. Renewal applicants

15  for graduate loans shall maintain a minimum cumulative grade

16  point average of at least a 3.0 on a 4.0 scale for all

17  graduate work and have earned at least 9 semester credits per

18  term, or the equivalent.

19         Section 15.  Subsections (2) and (3) of section

20  240.4064, Florida Statutes, are amended to read:

21         240.4064  Critical teacher shortage tuition

22  reimbursement program.--

23         (2)  The State Board of Education shall adopt rules to

24  implement the critical teacher shortage tuition reimbursement

25  program. Any full-time certified teacher in a Florida publicly

26  funded school or developmental research school public school

27  employee or developmental research school employee certified

28  to teach in this state is eligible for the program. For the

29  purposes of this program, tuition reimbursement shall be

30  limited to courses in critical teacher shortage areas as

31  


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  1  determined by the State Board of Education.  Such courses

  2  shall be:

  3         (a)  Graduate-level courses leading to a master's,

  4  specialist, or doctoral degree;

  5         (b)  Graduate-level courses leading to a new

  6  certification area; or

  7         (c)  State-approved undergraduate courses leading to an

  8  advanced degree or new certification area.

  9         (3)  Participants may receive tuition reimbursement

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

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

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

13  reimbursements shall be contingent on passing an approved

14  course with a minimum grade of 3.0 or its equivalent.

15         Section 16.  Paragraph (a) of subsection (2) of section

16  240.409, Florida Statutes, is amended to read:

17         240.409  Florida Public Student Assistance Grant

18  Program; eligibility for grants.--

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

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

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

22  term and who meet the general requirements for student

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

24  provided in this section.  Such grants shall be awarded

25  annually for the amount of demonstrated unmet need for the

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

27  average prior academic year cost of matriculation fees and

28  other registration fees for 30 credit hours at state

29  universities or such other amount as specified in the General

30  Appropriations Act, to any recipient. A demonstrated unmet

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


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  1  for a state student assistance grant. Recipients of such

  2  grants must have been accepted at a state university or

  3  community college authorized by Florida law. A No student is

  4  eligible for the award for 110 percent of the number of credit

  5  hours required to complete the program may receive an award

  6  for more than the equivalent of 9 semesters or 14 quarters of

  7  full-time enrollment, except as otherwise provided in s.

  8  240.404(3).

  9         Section 17.  Paragraph (a) of subsection (2) of section

10  240.4095, Florida Statutes, is amended to read:

11         240.4095  Florida Private Student Assistance Grant

12  Program; eligibility for grants.--

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

14  the State Student Financial Assistance Trust Fund may be made

15  only to full-time degree-seeking students who meet the general

16  requirements for student eligibility as provided in s.

17  240.404, except as otherwise provided in this section.  Such

18  grants shall be awarded for the amount of demonstrated unmet

19  need for tuition and fees and may not exceed an amount equal

20  to the average matriculation and other registration fees for

21  30 credit hours at state universities plus $1,000 per academic

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

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

24  shall render the applicant ineligible for a Florida private

25  student assistance grant. Recipients of such grants must have

26  been accepted at a baccalaureate-degree-granting independent

27  nonprofit college or university, which is accredited by the

28  Commission on Colleges of the Southern Association of Colleges

29  and Schools and which is located in and chartered as a

30  domestic corporation by the state. A No student is eligible

31  for the award for 110 percent of credit hours required to


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  1  complete the program may receive an award for more than the

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

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

  4         Section 18.  Paragraph (a) of subsection (2) of section

  5  240.4097, Florida Statutes, is amended to read:

  6         240.4097  Florida Postsecondary Student Assistance

  7  Grant Program; eligibility for grants.--

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

  9  through the State Student Financial Assistance Trust Fund may

10  be made only to full time degree-seeking students who meet the

11  general requirements for student eligibility as provided in s.

12  240.404, except as otherwise provided in this section.  Such

13  grants shall be awarded for the amount of demonstrated unmet

14  need for tuition and fees and may not exceed an amount equal

15  to the average prior academic year cost of matriculation and

16  other registration fees for 30 credit hours at state

17  universities plus $1,000 per academic year, or as specified in

18  the General Appropriations Act, to any applicant.  A

19  demonstrated unmet need of less than $200 shall render the

20  applicant ineligible for a Florida postsecondary student

21  assistance grant.  Recipients of such grants must have been

22  accepted at a postsecondary institution that is located in the

23  state and that is:

24         1.  A private nursing diploma school approved by the

25  Florida Board of Nursing; or

26         2.  An institution either licensed by the State Board

27  of Independent Colleges and Universities or exempt from

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

29  institutions the students of which are eligible to receive a

30  Florida private student assistance grant pursuant to s.

31  240.4095.


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  1  

  2  A No student is eligible for the award for 110 percent of the

  3  number of credit hours required to complete the program may

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

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

  6  provided in s. 240.404(3).

  7         Section 19.  Paragraph (a) of subsection (5) and

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

  9  amended to read:

10         240.412  Jose Marti Scholarship Challenge Grant

11  Program.--

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

13  scholarship pursuant to this section, an applicant shall:

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

15  culture with origins in Mexico, South America, Central

16  America, or the Caribbean, regardless of race.

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

18  general requirements for student eligibility as provided in s.

19  240.404, except as otherwise provided in this section.

20         3.  Be accepted at a state university or community

21  college or any Florida college or university accredited by an

22  accrediting agency recognized by the United States Department

23  of Education a member of the Commission on Recognition of

24  Postsecondary Accreditation the credits of which are

25  acceptable without qualification for transfer to state

26  universities.

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

28  student.

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

30  scale, or the equivalent for high school subjects creditable

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


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

  2  point average for undergraduate college-level courses.

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

  4  $2,000. Priority in the distribution of scholarships shall be

  5  given to students with the lowest total family resources.

  6  Renewal scholarships shall take precedence over new awards in

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

  8  need.  No undergraduate student shall receive an award for

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

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

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

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

13  or 6 quarters.

14         Section 20.  Paragraph (a) of subsection (2) of section

15  240.4126, Florida Statutes, is amended to read:

16         240.4126  Rosewood Family Scholarship Program.--

17         (2)  The Rosewood Family Scholarship Program shall be

18  administered by the Department of Education.  The State Board

19  of Education shall adopt rules for administering this program

20  which shall at a minimum provide for the following:

21         (a)  The annual award to a student shall be up to

22  $4,000 but should not exceed an amount in excess of tuition

23  and registration fees.

24         Section 21.  Subsection (3) of section 240.4128,

25  Florida Statutes, is amended to read:

26         240.4128  Minority teacher education scholars

27  program.--There is created the minority teacher education

28  scholars program, which is a collaborative performance-based

29  scholarship program for African-American, Hispanic-American,

30  Asian-American, and Native American students. The participants

31  in the program include Florida's public community colleges and


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  1  its public and private universities that have teacher

  2  education programs.

  3         (3)  The total amount appropriated annually for new

  4  scholarships in the program must be divided by $4,000 and by

  5  the number of participating colleges and universities. Each

  6  participating institution has access to the same number of

  7  scholarships and may award all of them to eligible minority

  8  students. If a college or university does not award all of its

  9  scholarships by the date set by the program administration at

10  the Florida Fund for Minority Teachers, Inc., the remaining

11  scholarships must be transferred to another institution that

12  has eligible students. Each participating institution shall

13  report to the department by the established date the eligible

14  students to whom grant moneys are disbursed each academic

15  term. Each institution shall also report to the department

16  demographic and eligibility data for the recipient.

17         Section 22.  Subsection (2) of section 240.413, Florida

18  Statutes, is amended to read:

19         240.413  Seminole and Miccosukee Indian Scholarships.--

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

21  students who:

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

23  equivalency diploma issued by the Department of Education

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

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

26  been accepted through an early admission program;

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

28  college authorized by Florida law; a nursing diploma school

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

30  university, or community college which is accredited by an

31  accrediting agency recognized by the United States Department


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  1  of Education a member of the Commission on Recognition of

  2  Postsecondary Accreditation; or any Florida institution the

  3  credits of which are acceptable for transfer to state

  4  universities;

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

  6  undergraduate or graduate students and make satisfactory

  7  academic progress as defined by the college or university;

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

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

10         (e)  Meet the general requirements for student

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

12  provided in this section.

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

14  Statutes, is amended to read:

15         240.437  Student financial aid planning and

16  development.--

17         (6)  Effective July 1, 1992, All new and existing

18  financial assistance programs authorized under this part, and

19  those programs in other parts of the Florida Statutes which

20  are administered by the Florida Department of Education,

21  Bureau of Student Financial Assistance, which are not funded

22  for 3 consecutive years after enactment shall stand repealed.

23  Financial aid programs provided under this part on July 1,

24  1992, which lose funding for 3 consecutive years shall stand

25  repealed. The Bureau Office of Student Financial Assistance of

26  the Department of Education shall annually review the

27  legislative appropriation of financial aid to identify such

28  programs.

29         Section 24.  Subsection (13) of section 240.472,

30  Florida Statutes, is amended to read:

31         240.472  Definitions.--As used in this act:


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

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

  3  accrediting agency that is recognized by the United States

  4  Department of Education and holds membership in the Commission

  5  on Recognition of Postsecondary Accreditation; which grants

  6  baccalaureate or associate degrees; which is not a pervasively

  7  sectarian institution; and which does not discriminate in the

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

  9  sex, or creed.

10         Section 25.  Subsection (1) and paragraph (d) of

11  subsection (2) of section 240.6073, Florida Statutes, are

12  amended to read:

13         240.6073  Critical Occupational Therapist or Physical

14  Therapist Shortage Student Loan Forgiveness Program.--

15         (1)  There is established the Critical Occupational

16  Therapist or Physical Therapist Shortage Student Loan

17  Forgiveness Program.  The primary function of the program is

18  to make repayments toward loans received by students from

19  institutions for the support of postsecondary study of

20  occupational therapy or physical therapy.  Repayments shall be

21  made to qualified applicants who initiate employment in the

22  publicly funded public schools of this state and who apply

23  during their first year of employment in a public school

24  setting.

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

26  Education is authorized to make loan principal repayments as

27  follows:

28         (d)  All repayments shall be contingent on continued

29  proof of employment for 3 years as a therapist or therapy

30  assistant by the publicly funded public schools in this state

31  and shall be made directly to the holder of the loan or, if


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  1  the loan is paid in full, directly to the therapist. The state

  2  shall not bear the responsibility for the collection of any

  3  interest charges or other remaining balance.  In the event

  4  that a critical shortage is no longer verified, a therapist or

  5  therapy assistant shall continue to be eligible for loan

  6  forgiveness as long as the therapist or therapy assistant

  7  continues to be employed by the public schools of this state

  8  and otherwise meets all conditions of eligibility.

  9         Section 26.  Paragraph (b) of subsection (2) and

10  subsection (4) of section 240.6074, Florida Statutes, are

11  amended to read:

12         240.6074  Critical Occupational Therapist or Physical

13  Therapist Shortage Scholarship Loan Program.--

14         (2)  To be eligible, a candidate shall:

15         (b)  Have declared an intention to be employed by the

16  publicly funded public schools of this state for 3 years

17  following completion of the requirements.  In the event

18  critical shortage areas are changed by the State Board of

19  Education, a student shall continue to be eligible for an

20  award as long as the student continues in the therapist

21  educational program for which the initial award was made and

22  the student otherwise meets all other conditions of

23  eligibility.

24         (4)  The State Board of Education shall adopt by rule

25  repayment schedules and applicable interest rates under ss.

26  240.451 and 240.465. A scholarship loan must be paid back

27  within 10 years of completion of a program of studies.

28         (a)  Credit for repayment of a scholarship loan shall

29  be in an amount not to exceed $2,000 plus applicable accrued

30  interest for each full year of employment by the publicly

31  funded public schools of this state.


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  1         (b)  Any therapist or therapy assistant who fails to be

  2  employed by a publicly funded public school in this state as

  3  specified in this subsection is responsible for repaying the

  4  loan plus interest.  Repayment schedules and applicable

  5  interest rates shall be determined by the rules of the State

  6  Board of Education under ss. 240.451 and 240.465.

  7         Section 27.  Subsections (1), (2), and (4) of section

  8  240.6075, Florida Statutes, are amended to read:

  9         240.6075  Critical Occupational Therapist or Physical

10  Therapist Shortage Tuition Reimbursement Program.--

11         (1)  There is established the Critical Occupational

12  Therapist or Physical Therapist Shortage Tuition Reimbursement

13  Program to improve the skills and knowledge of current

14  therapists and therapy assistants who are employed by a

15  publicly funded school in this state the public school system.

16         (2)  Any full-time public school employee in a publicly

17  funded school in this state who is licensed to practice

18  occupational therapy or physical therapy in this state is

19  eligible for the program.

20         (4)  The participant shall be employed by a publicly

21  funded school the public schools of this state for 3 years

22  following completion of the requirements.

23         Section 28.  Section 295.01, Florida Statutes, is

24  amended to read:

25         295.01  Children of deceased or disabled veterans;

26  education.--

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

28  state to provide educational opportunity at state expense for

29  dependent children either of whose parents was a resident of

30  the state at the time such parent entered the Armed Forces

31  and:


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

  2  disease contracted during a period of wartime service as

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

  4  from diseases or disability resulting from such war service,

  5  or

  6         (b)  Has been:

  7         1.  Determined by the United States Department of

  8  Veterans Affairs or its predecessor to have a

  9  service-connected 100-percent total and permanent disability

10  rating for compensation,

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

12  permanent disability rating of 100 percent and is in receipt

13  of disability retirement pay from any branch of the United

14  States Armed Services, or

15         3.  Issued a valid identification card by the

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

17         (2)  when The parents of such children must have been

18  bona fide residents of the state for 5 years next preceding

19  their application for the benefits under this section hereof,

20  and subject to the rules, restrictions, and limitations

21  hereof.

22         (3)(2)  The provisions of ss. 240.404, 295.03, 295.04,

23  and 295.05 shall apply.

24         (4)(3)  The State Board of Education shall adopt rules

25  for administering this section.

26         Section 29.  Section 295.02, Florida Statutes, is

27  amended to read:

28         295.02  Use of funds; age, etc.--

29         (1)  All sums appropriated and expended under this

30  chapter shall be used to pay matriculation tuition and

31  registration fees as defined by the Department of Education,


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  1  board, and room rent and to buy books and supplies for the

  2  children of:

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

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

  5  s. 295.018, or s. 295.0195;, or of

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

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

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

  9  16 and 22 years and attend who are in attendance at a

10  state-supported institution of higher learning, including a

11  community college or vocational-technical school or attend any

12  postsecondary institution eligible to participate in the

13  Florida Bright Futures Program. A student attending an

14  eligible nonpublic institution may receive an award equivalent

15  to the average matriculation and fees calculated for full-time

16  enrollment at a public postsecondary institution at the

17  comparable level.  Any child having entered upon a course of

18  training or education under the provisions of this chapter,

19  consisting of a course of not more than 4 years, and arriving

20  at the age of 22 years before the completion of such course

21  may continue the course and receive all benefits of the

22  provisions of this chapter until the course is completed.  The

23  Department of Education shall administer this educational

24  program subject to regulations of the department.

25         Section 30.  Subsection (1) of section 240.235, Florida

26  Statutes, is amended to read:

27         240.235  Fees.--

28         (1)  Each university may is authorized to establish

29  separate activity and service, health, and athletic fees.

30  When duly established, these the fees shall be collected as

31  component parts of the registration and tuition fees and shall


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  1  be retained by the university and paid into the separate

  2  activity and service, health, and athletic funds.

  3         (a)1.  Each university president shall establish a

  4  student activity and service fee on the main campus of the

  5  university.  The university president may also establish a

  6  student activity and service fee on any branch campus or

  7  center.  Any subsequent modification increase in the activity

  8  and service fee must be recommended by an activity and service

  9  fee committee, at least one-half of whom are students

10  appointed by the student body president.  The remainder of the

11  committee shall be appointed by the university president.  A

12  chairperson, appointed jointly by the university president and

13  the student body president, may shall vote only in the case of

14  a tie.  The recommendations of the committee shall take effect

15  only after approval by the university president, after

16  consultation with the student body president, with final

17  approval by the Board of Regents.  An increase in the activity

18  and service fee may occur only once each fiscal year and must

19  be implemented beginning with the fall term. The Board of

20  Regents is responsible for promulgating the rules and

21  timetables necessary to implement this fee.

22         2.  The student activity and service fees shall be

23  expended for lawful purposes to benefit the student body in

24  general.  These purposes This shall include, but are shall not

25  be limited to, student publications and grants to duly

26  recognized student organizations, the membership of which is

27  open to all students at the university without regard to race,

28  sex, or religion.  The fund may not benefit activities for

29  which an admission fee is charged to students, except for

30  student-government-sponsored

31  student-government-association-sponsored concerts.  The


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  1  allocation and expenditure of the fund shall be determined by

  2  the student government association of the university, except

  3  that the president of the university may veto any line item or

  4  portion thereof within the budget when submitted by the

  5  student government association legislative body.  The

  6  university president shall have 15 school days from the date

  7  of presentation of the budget to act on the allocation and

  8  expenditure recommendations, which shall be deemed approved if

  9  no action is taken within the 15 school days. If any line item

10  or portion thereof within the budget is vetoed, the student

11  government association legislative body shall within 15 school

12  days make new budget recommendations for expenditure of the

13  vetoed portion of the fund.  If the university president

14  vetoes any line item or portion thereof within the new budget

15  revisions, the university president may reallocate by line

16  item that vetoed portion to bond obligations guaranteed by

17  activity and service fees. Unexpended funds and undisbursed

18  funds remaining at the end of a fiscal year shall be carried

19  over and remain in the student activity and service fund and

20  be available for allocation and expenditure during the next

21  fiscal year.

22         (b)  Each university president shall establish a

23  student health fee on the main campus of the university.  The

24  university president may also establish a student health fee

25  on any branch campus or center. Any subsequent modification

26  increase in the health fee must be recommended by a health

27  committee, at least one-half of whom are students appointed by

28  the student body president. The remainder of the committee

29  shall be appointed by the university president.  A

30  chairperson, appointed jointly by the university president and

31  the student body president, may shall vote only in the case of


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  1  a tie.  The recommendations of the committee shall take effect

  2  only after approval by the university president, after

  3  consultation with the student body president, with final

  4  approval by the Board of Regents.  An increase in the health

  5  fee may occur only once each fiscal year and must be

  6  implemented beginning with the fall term. The Board of Regents

  7  is responsible for promulgating the rules and timetables

  8  necessary to implement this fee.

  9         (c)  Each university president shall establish a

10  separate athletic fee on the main campus of the university.

11  The university president may also establish a separate

12  athletic fee on any branch campus or center.  The initial

13  aggregate athletic fee at each university shall be equal to,

14  but may be no greater than, the 1982-1983 per-credit-hour

15  activity and service fee contributed to intercollegiate

16  athletics, including women's athletics, as provided by s.

17  240.533.  Concurrently with the establishment of the athletic

18  fee, the activity and service fee shall experience a one-time

19  reduction equal to the initial aggregate athletic fee. Any

20  subsequent modification increase in the athletic fee must be

21  recommended by an athletic fee committee, at least one-half of

22  whom are students appointed by the student body president.

23  The remainder of the committee shall be appointed by the

24  university president.  A chairperson, appointed jointly by the

25  university president and the student body president, may shall

26  vote only in the case of a tie.  The recommendations of the

27  committee shall take effect only after approval by the

28  university president, after consultation with the student body

29  president, with final approval by the Board of Regents.  An

30  increase in the athletic fee may occur only once each fiscal

31  year and must be implemented beginning with the fall term. The


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  1  Board of Regents is responsible for promulgating the rules and

  2  timetables necessary to implement this fee.

  3         Section 31.  Section 240.236, Florida Statutes, is

  4  created to read:

  5         240.236  University student governments.--

  6         (1)  There is created within each state university a

  7  student government that shall be organized and maintained by

  8  students as the official representatives of the student body.

  9  Each student government shall be composed of at least a

10  student body president and a student legislative body. Interim

11  vacancies may be filled in a manner other than election as

12  prescribed by the student government. Each student government

13  may adopt internal procedures governing:

14         (a)  The operation and administration of the student

15  government.

16         (b)  The election, appointment, removal, and discipline

17  of officers of the student government.

18         (c)  The execution of all other duties as prescribed to

19  the student government by law.

20         (2)  Any elected officer of the student government of a

21  state university may be removed from office by the majority

22  vote of students participating in a referendum held pursuant

23  to the provisions of this section. The student government

24  shall develop a procedure by which students may petition for a

25  referendum to remove from office an elected officer of the

26  student government. The grounds for removal of a student

27  government officer by petition must be expressly contained in

28  the petition and are limited to the following:  malfeasance,

29  misfeasance, neglect of duty, incompetence, permanent

30  inability to perform official duties, or conviction of a

31  


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  1  felony. The referendum must be held no more than 60 days after

  2  the filing of the petition.

  3         (3)  The student government shall develop procedures

  4  providing for the suspension and removal of an elected student

  5  government officer following the conviction of that officer of

  6  a felony.

  7         (4)  Each student government is a part of the

  8  university at which it is established. The internal procedures

  9  adopted by the student government under this section are

10  subject to final approval by the university president.

11         Section 32.  Subsection (3) of section 240.295, Florida

12  Statutes, is amended to read:

13         240.295  State University System; authorization for

14  fixed capital outlay projects.--

15         (3)  Other than those projects currently authorized, no

16  project proposed by a university which is to be funded from

17  Capital Improvement Trust Fund fees or building fees shall be

18  submitted to the Board of Regents for approval without prior

19  consultation with the student government association of that

20  university.  The Board of Regents shall adopt promulgate rules

21  that which are consistent with this requirement.

22         Section 33.  Section 240.336, Florida Statutes, is

23  created to read:

24         240.336  Community college student governments.--

25         (1)  There is created within each community college a

26  student government that shall be organized and maintained by

27  students as the official representatives of the student body.

28  Each student government shall be composed of at least a

29  student body president and a student legislative body. Interim

30  vacancies may be filled in a manner other than election as

31  


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  1  prescribed by the student government. Each student government

  2  may adopt internal procedures governing:

  3         (a)  The operation and administration of the student

  4  government.

  5         (b)  The election, appointment, removal, and discipline

  6  of officers of the student government.

  7         (c)  The execution of all other duties as prescribed to

  8  the student government by law.

  9         (2)  Any elected officer of the student government of a

10  community college may be removed from office by the majority

11  vote of students participating in a referendum held pursuant

12  to the provisions of this section. The student government

13  shall develop a procedure by which students may petition for a

14  referendum to remove from office an elected officer of the

15  student government. The grounds for removal of a student

16  government officer by petition must be expressly contained in

17  the petition and are limited to the following:  malfeasance,

18  misfeasance, neglect of duty, incompetence, permanent

19  inability to perform official duties, or conviction of a

20  felony. The referendum must be held no more than 60 days after

21  the filing of the petition.

22         (3)  The student government shall develop procedures

23  providing for the suspension and removal of an elected student

24  government officer following the conviction of that officer of

25  a felony.

26         (4)  Each student government is a part of the community

27  college at which it is established. The internal procedures

28  adopted by the student government under this section are

29  subject to final approval by the community college president.

30         Section 34.  Subsection (2) of section 240.382, Florida

31  Statutes, is amended to read:


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  1         240.382  Establishment of child development training

  2  centers at community colleges.--

  3         (2)  In consultation with the student government

  4  association or a recognized student group representing the

  5  student body, the district board of trustees of any community

  6  college may establish a child development training center in

  7  accordance with this section. Each child development training

  8  center shall be a child care center established to provide

  9  child care during the day and at variable hours, including

10  evenings and weekends, for the children of students. Emphasis

11  should be placed on serving students who demonstrate financial

12  need as defined by the district board of trustees. At least 50

13  percent of the child care slots must be made available to

14  students, and financially needy students, as defined by the

15  district board of trustees, shall receive child care slots

16  first. The center may serve the children of staff, employees,

17  and faculty; however, a designated number of child care slots

18  shall not be allocated for employees. Whenever possible, the

19  center shall be located on the campus of the community

20  college. However, the board may elect to provide child care

21  services for students through alternative mechanisms, which

22  may include contracting with private providers.

23         Section 35.  Subsections (1), (2), and (4) of section

24  240.531, Florida Statutes, are amended to read:

25         240.531  Establishment of educational research centers

26  for child development.--

27         (1)  Upon approval of the university president, the

28  student government association of any university within the

29  State University System may establish an educational research

30  center for child development in accordance with the provisions

31  of this section.  Each such center shall be a child day care


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  1  center established to provide care for the children of

  2  students, both graduate and undergraduate, faculty, and other

  3  staff and employees of the university and to provide an

  4  opportunity for interested schools or departments of the

  5  university to conduct educational research programs and

  6  establish internship programs within such centers.  Whenever

  7  possible, such center shall be located on the campus of the

  8  university.  There shall be a director of each center,

  9  selected by the board of directors of the center.

10         (2)  There shall be a board of directors for each

11  educational research center for child development, consisting

12  of the president of the university or his or her designee, the

13  student body government president or his or her designee, the

14  chair of each department participating in the center or his or

15  her designee, and one parent for each 50 children enrolled in

16  the center, elected by the parents of children enrolled in the

17  center. The director of the center shall be an ex officio,

18  nonvoting member of the board.  The board shall establish

19  local policies and perform local oversight and operational

20  guidance for the center.

21         (4)  The Board of Regents shall adopt is authorized and

22  directed to promulgate rules for the establishment, operation,

23  and supervision of educational research centers for child

24  development. These Such rules shall include, but are need not

25  be limited to,:  a defined method of establishment of and

26  participation in the operation of centers by the appropriate

27  student governments, government associations; guidelines for

28  the establishment of an intern program in each center,; and

29  guidelines for the receipt and monitoring of funds from grants

30  and other sources of funds consistent with existing laws.

31  


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  1         Section 36.  Subsection (18) of section 447.203,

  2  Florida Statutes, is amended to read:

  3         447.203  Definitions.--As used in this part:

  4         (18)  "Student representative" means the representative

  5  selected by each community college student government

  6  association and the council of student body presidents. Each

  7  representative may be present at all negotiating sessions

  8  which take place between the appropriate public employer and

  9  an exclusive bargaining agent.  The Said representative shall

10  be enrolled as a student with at least 8 credit hours in the

11  respective community college or in the State University System

12  during his or her term as student representative.

13         Section 37.  Subsection (5) of section 447.301, Florida

14  Statutes, is amended to read:

15         447.301  Public employees' rights; organization and

16  representation.--

17         (5)  In negotiations over the terms and conditions of

18  service and other matters affecting the working environment of

19  employees, or the learning environment of students, in

20  institutions of higher education, one student representative

21  selected by the council of student body presidents may, at his

22  or her discretion, be present at all negotiating sessions

23  which take place between the Board of Regents and the

24  bargaining agent for an employee bargaining unit.  In the case

25  of community colleges, the student government association of

26  each college shall establish procedures for the selection of,

27  and shall select, a student representative to be present, at

28  his or her discretion, at negotiations between the bargaining

29  agent of the employees and the board of trustees.  Each

30  student representative shall have access to all written draft

31  agreements and all other written documents pertaining to


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  1  negotiations exchanged by the appropriate public employer and

  2  the bargaining agent, including a copy of any prepared written

  3  transcripts of any negotiating session.  Each student

  4  representative shall have the right at reasonable times during

  5  the negotiating session to comment to the parties and to the

  6  public upon the impact of proposed agreements on the

  7  educational environment of students.  Each student

  8  representative shall have the right to be accompanied by

  9  alternates or aides, not to exceed a combined total of two in

10  number.  Each student representative shall be obligated to

11  participate in good faith during all negotiations and shall be

12  subject to the rules and regulations of the Public Employees

13  Relations Commission.  The student representatives shall have

14  neither voting nor veto power in any negotiation, action, or

15  agreement.  The state or any branch, agency, division, agent,

16  or institution of the state shall not expend any moneys from

17  any source for the payment of reimbursement for travel

18  expenses or per diem to aides, alternates, or student

19  representatives participating in, observing, or contributing

20  to any negotiating sessions between the bargaining parties;

21  however, this limitation does not apply to the use of student

22  activity fees for the reimbursement of travel expenses and per

23  diem to the university student representative, aides, or

24  alternates participating in the aforementioned negotiations

25  between the Board of Regents and the bargaining agent for an

26  employee bargaining unit.

27         Section 38.  A Bachelor of Science in Nursing degree

28  program is authorized at the University of West Florida.

29         Section 39.  A Master of Science in Social Work degree

30  program is authorized at Florida Atlantic University.

31  


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  1         Section 40.  Section 240.136, Florida Statutes, is

  2  repealed.

  3         Section 41.  Sections 240.40208, 240.40242, and

  4  subsection (5) of section 240.465, Florida Statutes, are

  5  repealed.

  6         Section 42.  Except as otherwise provided in this act,

  7  this act shall take effect July 1, 2001.

  8  

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