HB 1745, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to higher education finance policy;
3	amending s. 1009.21, F.S.; revising provisions relating to
4	determination of resident status for tuition purposes;
5	providing for reclassification; providing for
6	classification of certain graduate teaching assistants or
7	graduate research assistants; amending s. 1009.23, F.S.;
8	deleting provisions relating to fines assessed by
9	community colleges; amending s. 1009.24, F.S.; revising
10	provisions relating to undergraduate tuition and fees;
11	authorizing a nonrefundable admissions deposit; amending
12	s. 1009.25, F.S.; revising provisions relating to fee
13	exemptions; amending s. 1009.53, F.S., relating to the
14	Florida Bright Futures Scholarship Program; revising
15	provisions relating to payment to postsecondary education
16	institutions; providing for subsidies to institutions;
17	specifying minimum hours for which students must be
18	enrolled; amending s. 1009.531, F.S.; correcting a cross
19	reference; revising initial eligibility criteria;
20	providing eligibility period for students who enlist in
21	the United States Armed Forces; providing for additional
22	weighting for certain courses; amending s. 1009.532, F.S.;
23	revising eligibility criteria to renew a Florida Bright
24	Futures Scholarship; revising provisions relating to
25	number of credit hours for which a scholarship may be
26	received; amending s. 1009.534, F.S.; revising initial
27	eligibility criteria for a Florida Academic Scholarship;
28	revising provisions relating to the amount of a
29	scholarship; authorizing cash payments; revising renewal
30	criteria; providing exception to award amount for 2003-
31	2004 fiscal year; amending s. 1009.535, F.S.; revising
32	initial eligibility criteria for a Florida Medallion
33	Scholarship; revising provisions relating to the amount of
34	a scholarship; authorizing cash payments; revising renewal
35	criteria; providing exception to award amount for 2003-
36	2004 fiscal year; amending s. 1009.536, F.S.; revising the
37	types of programs for which a Florida Gold Seal Vocational
38	Scholarship may be used; requiring the State Board of
39	Education to identify such programs; revising provisions
40	relating to the amount of a scholarship; authorizing cash
41	payments; revising renewal criteria; revising provisions
42	relating to number of credits for which a scholarship may
43	be received; revising provisions relating to transfer to a
44	Florida Medallion Scholarship; providing exception to
45	award amount for 2003-2004 fiscal year; creating s.
46	1009.5365, F.S.; providing for subsidies to public
47	postsecondary education institutions; providing
48	requirements for establishing the amount of subsidies;
49	providing legislative intent regarding the Florida Prepaid
50	College Program; providing legislative findings; requiring
51	a report by the Revenue Estimating Conference; repealing
52	s. 1009.538, F.S., relating to calculation of awards for
53	Florida Bright Futures Scholarship recipients attending
54	nonpublic institutions; repealing s. 1009.539, F.S.,
55	relating to the Florida Bright Futures Scholarship Testing
56	Program; requiring the State Board of Education to submit
57	to the Legislature a plan regarding tuition and funding
58	for excess hours; amending s. 1002.41, F.S.; correcting a
59	cross reference; providing an effective date.
60
61	Be It Enacted by the Legislature of the State of Florida:
62
63	Section 1. Paragraphs (a) and (b) of subsection (2) of
64	section 1009.21, Florida Statutes, are amended, paragraph (d) is
65	added to said subsection, and paragraph (k) is added to
66	subsection (10) of said section, to read:
67	1009.21 Determination of resident status for tuition
68	purposes.--Students shall be classified as residents or
69	nonresidents for the purpose of assessing tuition in community
70	colleges and state universities.
71	(2)(a) To qualify as a resident for tuition purposes:
72	1. A person or, if that person is a dependent child, his
73	or her parent or parents must have established legal residence
74	in this state and must have maintained legal residence in this
75	state for at least 12 months immediately prior to his or her
76	initial enrollment at a Florida postsecondary education
77	institution. For purposes of this section, the term “initial
78	enrollment” is defined as the first day of classqualification.
79	2. Every applicant for admission to an institution of
80	higher education shall be required to make a statement as to his
81	or her length of residence in the state and, further, shall
82	establish that his or her presence or, if the applicant is a
83	dependent child, the presence of his or her parent or parents in
84	the state currently is, and during the requisite 12-month
85	qualifying period was, for the purpose of maintaining a bona
86	fide domicile, rather than for the purpose of maintaining a mere
87	temporary residence or abode incident to enrollment in an
88	institution of higher education.
89	(b) However, with respect to a dependent child living with
90	an adult relative other than the child's parent, such child may
91	qualify as a resident for tuition purposes if the adult relative
92	is a legal resident who has maintained legal residence in this
93	state for at least 12 months immediately prior to the child's
94	initial enrollment at a Florida postsecondary education
95	institutionqualification, provided the child has resided
96	continuously with such relative for the 5 years immediately
97	prior to the child's initial enrollmentqualification, during
98	which time the adult relative has exercised day-to-day care,
99	supervision, and control of the child.
100	(d) A person who is classified as a nonresident for
101	tuition purposes may become eligible for reclassification as a
102	resident for tuition purposes if that person or, if that person
103	is a dependent child, his or her parent presents documentation
104	that supports permanent residency in this state, such as
105	documentation of permanent full-time employment for the previous
106	12 months or the purchase of a home in this state and residence
107	therein for the prior 12 months.
108	(10) The following persons shall be classified as
109	residents for tuition purposes:
110	(k) A graduate teaching assistant or graduate research
111	assistant while employed by a state university, when such
112	employment is at least one-half time in a teaching or research
113	assistant position that relates to the graduate assistant’s
114	degree program.
115	Section 2. Subsection (12) of section 1009.23, Florida
116	Statutes, is amended to read:
117	1009.23 Community college student fees.--
118	(12) In addition to tuition, out-of-state, financial aid,
119	capital improvement, student activity and service, and
120	technology fees authorized in this section, each community
121	college board of trustees is authorized to establish fee
122	schedules for the following user fees and fines: laboratory
123	fees; parking fees and fines; library fees and fines; fees and
124	fines relating to facilities and equipment use or damage; access
125	or identification card fees; duplicating, photocopying, binding,
126	or microfilming fees; standardized testing fees; diploma
127	replacement fees; transcript fees; application fees; graduation
128	fees; and late fees related to registration and payment. Such
129	user fees and finesshall not exceed the cost of the services
130	provided and shall only be charged to persons receiving the
131	service. A community college may not charge any fee except as
132	authorized by law or rules of the State Board of Education.
133	Parking fee revenues may be pledged by a community college board
134	of trustees as a dedicated revenue source for the repayment of
135	debt, including lease-purchase agreements and revenue bonds with
136	terms not exceeding 20 years and not exceeding the useful life
137	of the asset being financed. Community colleges shall use the
138	services of the Division of Bond Finance of the State Board of
139	Administration to issue any revenue bonds authorized by the
140	provisions of this subsection. Any such bonds issued by the
141	Division of Bond Finance shall be in compliance with the
142	provisions of the State Bond Act. Bonds issued pursuant to the
143	State Bond Act shall be validated in the manner established in
144	chapter 75. The complaint for such validation shall be filed in
145	the circuit court of the county where the seat of state
146	government is situated, the notice required to be published by
147	s. 75.06 shall be published only in the county where the
148	complaint is filed, and the complaint and order of the circuit
149	court shall be served only on the state attorney of the circuit
150	in which the action is pending.
151	Section 3. Subsections (3) and (13) of section 1009.24,
152	Florida Statutes, are amended to read:
153	1009.24 State university student fees.--
154	(3) Within proviso in the General Appropriations Act and
155	law, each board of trustees shall set university tuition and
156	fees. The sum of the activity and service, health, and athletic
157	fees a student is required to pay to register for a course shall
158	not exceed 40 percent of the tuition established in law or in
159	the General Appropriations Act. No university shall be required
160	to lower any fee in effect on the effective date of this act in
161	order to comply with this subsection. Within the 40 percent cap,
162	universities may not increase the aggregate sum of activity and
163	service, health, and athletic fees more than 5 percent per year
164	unless specifically authorized in law or in the General
165	Appropriations Act. This subsection does not prohibit a
166	university from increasing or assessing optional fees related to
167	specific activities if payment of such fees is not required as a
168	part of registration for courses. Except as otherwise provided
169	by law, the sum of nonresident tuition and out-of-state fees
170	charged to undergraduates shall be sufficient to defray the full
171	cost of undergraduate education.
172	(13) Each university board of trustees is authorized to
173	establish a nonrefundable admissions deposit for undergraduate,
174	graduate, and professional degree programs in an amount not to
175	exceed $200. The admissions deposit shall be imposed at the time
176	of an applicant’s acceptance to the university and shall be
177	applied toward tuition upon enrollment. In the event the
178	applicant does not enroll in the university, the admissions
179	deposit shall be deposited in an auxiliary account of the
180	university and used to expand financial assistance,
181	scholarships, and student academic and career counseling
182	services at the university. A university board of trustees that
183	establishes an admissions deposit pursuant to this subsection
184	must also adopt policies that provide for the waiver of such
185	deposit on the basis of financial hardship.The board of
186	trustees of the University of Florida is authorized to establish
187	an admissions deposit fee for the University of Florida College
188	of Dentistry in an amount not to exceed $200.
189	Section 4. Paragraphs (b) and (e) of subsection (2) of
190	section 1009.25, Florida Statutes, are amended to read:
191	1009.25 Fee exemptions.--
192	(2) The following students are exempt from the payment of
193	tuition and fees, including lab fees, at a school district that
194	provides postsecondary career and technical programs, community
195	college, or state university:
196	(b) A student enrolled in an approved apprenticeship
197	program, as defined in s. 446.021, but only with respect to such
198	apprenticeship program.
199	(e) A student enrolled in a workforce development program
200	who lacks a fixed, regular, and adequate nighttime residence or
201	whose primary nighttime residence is a public or private shelter
202	designed to provide temporary residence for individuals intended
203	to be institutionalized, or a public or private place not
204	designed for, or ordinarily used as, a regular sleeping
205	accommodation for human beings.
206	Section 5. Section 1009.53, Florida Statutes, is amended
207	to read:
208	1009.53 Florida Bright Futures Scholarship Program.--
209	(1) The Florida Bright Futures Scholarship Program is
210	created to establish a lottery-funded scholarship program to
211	reward any Florida high school graduate who merits recognition
212	of high academic achievement and who enrolls in a degree
213	program, certificate program, or applied technology program at
214	an eligible Florida public or private postsecondary education
215	institution within 3 years of graduation from high school.
216	(2) The Bright Futures Scholarship Program consists of
217	three types of scholarshipsawards: the Florida Academic
218	Scholarship, the Florida Medallion Scholarship, and the Florida
219	Gold Seal Vocational Scholarship.
220	(3) The Department of Education shall administer the
221	Bright Futures Scholarship Program according to rules and
222	procedures established by the State Board of Education. A single
223	application must be sufficient for a student to apply for any of
224	the three types of scholarshipsawards. The department must
225	advertise the availability of the scholarship program and must
226	notify students, teachers, parents, guidance counselors, and
227	principals or other relevant school administrators of the
228	criteria and application procedures. The department must begin
229	this process of notification no later than January 1 of each
230	year.
231	(4) Funding for the Bright Futures Scholarship Program
232	must be allocated from the Education Enhancement Trust Fund and
233	must be provided before allocations from that fund are
234	calculated for disbursement to other educational entities.
235	(a) If funds appropriated are not adequate to provide the
236	maximum allowable subsidy for each scholarship recipient,
237	subsidies foraward to each eligible applicant, awards inall
238	three scholarshipscomponents of the programmust be prorated
239	using the same percentage reduction.
240	(b) Notwithstanding s. 216.301, if all funds allocated to
241	the Bright Futures Scholarship Program are not used in any
242	fiscal year, up to 10 percent of the total allocation may be
243	carried forward and used for the programawardsin the following
244	year.
245	(5) The department shall issue subsidiesawardsfrom the
246	scholarship program annually. Annual awards may be for up to 45
247	semester credit hours or the equivalent. Before the registration
248	period each semester,The department shall transmit payment for
249	each subsidyawardto the president or director of the
250	postsecondary education institution, or his or her
251	representative pursuant to the provisions of this section and s.
252	1009.5365, except that the department may withhold payment if
253	the receiving institution fails to report or to make refunds to
254	the department as required in this section.
255	(a) Within 30 days after the end of regular registration
256	each semester, the educational institution shall certify to the
257	department the eligibility status of each student who receives a
258	scholarshipan award. After the end of the drop and add period,
259	an institution is not required to reevaluate or revise a
260	student's eligibility status, but must make a refund to the
261	department if the institution receives a subsidy fora student
262	who receives a scholarship andan award disbursementterminates
263	enrollment for any reason during an academic term and a refund
264	is permitted by the institution's refund policy.
265	(b) An institution that receives funds from the program
266	shall certify to the department the amount of funds disbursed to
267	each student and shall remit to the department any undisbursed
268	advances within 60 days after the end of regular registration.
269	(c) Each institution that receives moneys through this
270	program shall prepare an annual report that includes an annual
271	financial audit, conducted by an independent certified public
272	accountant or the Auditor General. The report shall include an
273	audit of the institution's administration of the program and a
274	complete accounting of the moneys for the program. This report
275	must be submitted to the department annually by AprilMarch1.
276	The department may conduct its own annual audit of an
277	institution's administration of the program. The department may
278	request a refund of any moneys overpaid to the institution for
279	the program. The department may suspend or revoke an
280	institution's eligibility to receive future moneys for the
281	program if the department finds that an institution has not
282	complied with this section. The institution must remit within 60
283	days any refund requested in accordance with this subsection.
284	(6) A student must be enrolled for at least 6 semester
285	credit hours or the equivalent in quarter hours or clock hours
286	per term to receive a Florida Bright Futures Scholarship
287	enrolled in 6 to 8 semester credit hours may receive up to one-
288	half of the maximum award; a student enrolled in 9 to 11 credit
289	hours may receive up to three-fourths of the maximum award; and
290	a student enrolled in 12 or more credit hours may receive up to
291	the full award.
292	(7) A student may receive only one type of award from the
293	Florida Bright Futures Scholarship Programat a time, but may
294	transfer from one type of scholarshipawardto another through
295	the renewal application process, if the student's eligibility
296	status changes. However, a student is not eligible to transfer
297	from a Florida Medallion Scholarship or a Florida Gold Seal
298	Vocational Scholarship to a Florida Academic Scholarship. A
299	student who receives a scholarshipan awardfrom the program may
300	also receive a federal family education loan or a federal direct
301	loan, and the value of the scholarshipawardmust be considered
302	in the certification or calculation of the student's loan
303	eligibility.
304	(8) If a recipient transfers from one eligible institution
305	to another and continues to meet eligibility requirements, the
306	scholarshipawardmust be transferred with the student.
307	(9) A student may use a scholarshipan awardfor summer
308	term enrollment if funds are available.
309	(10) Funds from any scholarship within the Florida Bright
310	Futures Scholarship Program may not be used to pay for remedial
311	or college-preparatory coursework.
312	Section 6. Section 1009.531, Florida Statutes, is amended
313	to read:
314	1009.531 Florida Bright Futures Scholarship Program;
315	student initial eligibility requirements for initial awards.--
316	(1) To be eligible for an initial scholarshipawardfrom
317	any of the three types of scholarships under the Florida Bright
318	Futures Scholarship Program, a student must:
319	(a) Be a Florida resident as defined in s. 1009.40 and
320	rules of the State Board of Education.
321	(b) Earn a standard Florida high school diploma or its
322	equivalent as described in s. 1003.43 or s. 1003.4351003.45
323	unless:
324	1. The student is enrolled full time in the early
325	admission program of an eligible postsecondary education
326	institution or completes a home education program according to
327	s. 1002.41; or
328	2. The student earns a high school diploma from a non-
329	Florida school while living with a parent or guardian who is on
330	military or public service assignment away from Florida.
331	(c) Be accepted by and enroll in an eligible Florida
332	public or independent postsecondary education institution.
333	(d) Be enrolled for at least 6 semester credit hours or
334	the equivalent in quarter hours or clock hours.
335	(d)(e)Not have been found guilty of, or plead nolo
336	contendere to, a felony charge, unless the student has been
337	granted clemency by the Governor and Cabinet sitting as the
338	Executive Office of Clemency.
339	(e)(f)Apply for a scholarship from the program by high
340	school graduation.
341	(f) Beginning with initial scholarships to be issued for
342	the 2004-2005 academic year, submit to the United States
343	Department of Education a completed Free Application for Federal
344	Student Aid.
345	(2) A student is eligible to accept an initial scholarship
346	awardfor 3 years following high school graduation and to accept
347	a renewal of the scholarshipawardfor 7 years following high
348	school graduation. A student who applies for a Florida Bright
349	Futures Scholarshipan awardby high school graduation and who
350	meets all other eligibility requirements, but who does not
351	accept his or her scholarshipaward, may reinstatereapply
352	during subsequent application periods up to 3 years after high
353	school graduation. For a student who enlists in the United
354	States Armed Forces directly out of high school, the 3-year
355	eligibility period for initial use of the scholarship and the 7-
356	year renewal period shall begin upon the date of the student’s
357	separation from active duty. For a student who is receiving a
358	Florida Bright Futures Scholarship and who discontinues his or
359	her education to enlist in the United States Armed Forces, the
360	remainder of the student’s 7-year renewal period shall commence
361	upon the date of the student’s separation from active duty. To
362	be eligible for the extension of periods for initial use and
363	renewal of a Florida Bright Futures Scholarship pursuant to this
364	subsection, a student must have been discharged or released from
365	active duty under conditions other than dishonorable.
366	(3) For purposes of calculating the grade point average to
367	be used in determining initial eligibility for a Florida Bright
368	Futures Scholarship, the department shall assign additional
369	weights to grades earned in the following courses:
370	(a) Courses identified in the course code directory as
371	Advanced Placement, pre-International Baccalaureate, or
372	International Baccalaureate, International General Certificate
373	of Secondary Education, or Advanced International Certificate of
374	Education.
375	(b) Courses designated as academic dual enrollment courses
376	in the statewide course numbering system.
377
378	The department may assign additional weights to courses, other
379	than those described in paragraphs (a) and (b), that are
380	identified by the Department of Education as containing rigorous
381	academic curriculum and performance standards. The additional
382	weight assigned to a course pursuant to this subsection shall
383	not exceed 0.5 per course. The weighted system shall be
384	developed and distributed to all high schools in the state prior
385	to January 1, 1998. The department may determine a student's
386	eligibility status during the senior year before graduation and
387	may inform the student of the scholarshipawardat that time.
388	(4) Each school district shall annually provide to each
389	high school student a complete and accurate Florida Bright
390	Futures Scholarship Evaluation Report and Key. The report shall
391	be disseminated at the beginning of each school year. The report
392	must include all high school coursework attempted, the number of
393	credits earned toward each type of scholarshipaward, and the
394	calculation of the grade point average for each scholarship
395	award. The report must also identify all requirements not met
396	per scholarshipaward, including the grade point average
397	requirement, as well as identify the scholarshipsawardsfor
398	which the student has met the academic requirements. The student
399	report cards must contain a disclosure that the grade point
400	average calculated for purposes of the Florida Bright Futures
401	Scholarship Program may differ from the grade point average on
402	the report card.
403	(5) A student who wishes to qualify for a particular
404	scholarshipawardwithin the Florida Bright Futures Scholarship
405	Program, but who does not meet all of the requirements for that
406	level of scholarshipaward, may, nevertheless, receive the
407	scholarshipawardif the principal of the student's school or
408	the district superintendent verifies that the deficiency is
409	caused by the fact that school district personnel provided
410	inaccurate or incomplete information to the student. The school
411	district must provide a means for the student to correct the
412	deficiencies and the student must correct them, either by
413	completing comparable work at the postsecondary institution or
414	by completing a directed individualized study program developed
415	and administered by the school district. If the student does not
416	complete the requirements by December 31 immediately following
417	high school graduation, the student is ineligible to participate
418	in the program.
419	Section 7. Section 1009.532, Florida Statutes, is amended
420	to read:
421	1009.532 Florida Bright Futures Scholarship Program;
422	student eligibility requirements for renewal of a scholarship
423	awards.--
424	(1) To be eligible to renew a scholarship from any of the
425	three types of scholarships under the Florida Bright Futures
426	Scholarship Program, a student must:
427	(a) Complete at least 12 semester credit hours or the
428	equivalent for each termin the last academic year in which the
429	student earned a scholarship or a prorated number of hours if
430	the student received a scholarship for less than full-time
431	enrollment.
432	(b) Maintain the cumulative grade point average required
433	by the scholarship program, except that:
434	1. If a recipient's grades fall beneath the average
435	required to renew a Florida Academic Scholarship, but are
436	sufficient to renew a Florida Medallion Scholarship or a Florida
437	Gold Seal Vocational Scholarship, the Department of Education
438	may grant a renewal as a Florida Medallion Scholarshipfrom one
439	of those other scholarship programs, if the student meets the
440	renewal eligibility requirements; or
441	2. If, at any time during the eligibility period, a
442	student's grades are insufficient to renew the scholarship, the
443	student may restore eligibility by improving the grade point
444	average to the required level. A student is eligible for such a
445	restorationreinstatementonly once. The Legislature encourages
446	education institutions to assist students to calculate whether
447	or not it is possible to raise the grade point average during
448	the summer term. If the institution determines that it is
449	possible, the education institution may so inform the
450	department, which may reserve the student's scholarshipawardif
451	funds are available. The renewal of the scholarship, however,
452	must not be granted until the student achieves the required
453	cumulative grade point average. If the summer term is not
454	sufficient to raise the grade point average to the required
455	renewal level, the student's next opportunity for restoration of
456	the scholarshiprenewalis the fall semester of the following
457	academic year.
458	(2)(a) A student who received his or her initial Florida
459	Bright Futures Scholarship prior to the 2003-2004 academic year
460	andis enrolled in a program that terminates in an associate
461	degree or a baccalaureate degree may receive a scholarshipan
462	awardfor a maximum of 110 percent of the number of credit hours
463	required to complete the program. A student who received his or
464	her initial Florida Bright Futures Scholarship prior to the
465	2003-2004 academic year andis enrolled in a program that
466	terminates in a technical certificate may receive a scholarship
467	an award for a maximum of 110 percent ofthe credit hours or
468	clock hours required to complete the program up to 90 credit
469	hours. A student who transfers from one of these program levels
470	to another becomes eligible for the higher of the two credit
471	hour limits.
472	(b) Beginning with students who receive an initial Florida
473	Bright Futures Scholarship in the 2003-2004 academic year and
474	thereafter, a student who is enrolled in a program that
475	terminates in an associate degree or a baccalaureate degree may
476	receive a scholarship for the number of credit hours required to
477	complete the program and a student who is enrolled in a program
478	that terminates in a technical certificate may receive a
479	scholarship for the number of credit hours or clock hours
480	required to complete the program up to 90 credit hours. A
481	student who transfers from one of these program levels to
482	another becomes eligible for the higher of the two credit hour
483	limits.
484	Section 8. Section 1009.534, Florida Statutes, is amended
485	to read:
486	1009.534 Florida Academic ScholarshipScholars award.--
487	(1) A student is eligible for a Florida Academic
488	ScholarshipScholars awardif the student meets the general
489	eligibility requirements for the Florida Bright Futures
490	Scholarship Program and the student:
491	(a) Has achieved a 3.5 weighted grade point average as
492	calculated pursuant to s. 1009.531, or its equivalent, in high
493	school courses that are designated by the State Board of
494	Education as college-preparatory academic courses; and has
495	attained at least a score of 1270the score identified by rules
496	of the State Board of Educationon the combined verbal and
497	quantitative parts of the Scholastic Aptitude Test, the
498	Scholastic Assessment Test, or the recenteredScholastic
499	Assessment Test of the College Entrance Examination, or an
500	equivalent score on the ACT Assessment Program or an equivalent
501	examination as determined by the State Board of Education; or
502	(b) Has attended a home education program pursuant
503	accordingto s. 1002.41 during grades 11 and 12 or has completed
504	the International Baccalaureate curriculum but failed to earn
505	the International Baccalaureate Diploma or has completed the
506	Advanced International Certificate of Education curriculum but
507	failed to earn the Advanced International Certificate of
508	Education Diploma, and has attained at least the score
509	identified by rules of the State BoardDepartmentof Education
510	on the combined verbal and quantitative parts of the Scholastic
511	Aptitude Test, the Scholastic Assessment Test, or the recentered
512	Scholastic Assessment Test of the College Entrance Examination,
513	or an equivalent score on the ACT Assessment Program or an
514	equivalent examination; or
515	(c) Has been awarded an International Baccalaureate
516	Diploma from the International Baccalaureate Office; or
517	(d) Has been recognized by the merit or achievement
518	programs of the National Merit Scholarship Corporation as a
519	scholar or finalist; or
520	(e) Has been recognized by the National Hispanic
521	Recognition Program as a scholar recipient; or
522	(f) Has been awarded an Advanced International Certificate
523	of Education Diploma from the University of Cambridge
524	International Examinations Office.
525
526	A student must complete a program of community service work, as
527	approved by the district school board or the administrators of a
528	nonpublic school, which shall include a minimum of 75 hours of
529	service work and require the student to identify a social
530	problem that interests him or her, develop a plan for his or her
531	personal involvement in addressing the problem, and, through
532	papers or other presentations, evaluate and reflect upon his or
533	her experience.
534	(2) A Florida Academic Scholar who is enrolled in a public
535	postsecondary education institution is eligible for a
536	scholarship that covers 100 percent of tuition and fees plusan
537	award equal to the amount required to pay tuition, fees, and
538	$600 for college-related expenses annually. For purposes of this
539	scholarship, the term “fees” includes the following fees:
540	financial aid fee; capital improvement fee; building fee;
541	Capital Improvement Trust Fund fee; activity and service fee;
542	health fee; athletic fee; and lab fees not to exceed $300 per
543	term.A student who is enrolled in a nonpublic postsecondary
544	education institution is eligible for a scholarshipan award
545	equal to the amount that the state provides as a Florida
546	Academic Scholars Bright Futures subsidy towould be required to
547	pay for the average tuition and fees ofa public postsecondary
548	education institution at the comparable level, plus the annual
549	$600. A student who is enrolled in a public postsecondary
550	education institution and chooses to receive the Florida Bright
551	Futures Scholarship as a cash payment for expenses associated
552	with postsecondary education is eligible for the amount of the
553	Florida Bright Futures subsidy the state provides the public
554	postsecondary education institution that the student attends.
555	(3) Notwithstanding the provisions of subsection (2) and
556	effective with scholarships for the 2007-2008 academic year and
557	thereafter, the Legislature shall establish in the General
558	Appropriations Act the amount a student shall receive for a
559	Florida Academic Scholarship.
560	(4)(3) To be eligible to renewfor a renewal award asa
561	Florida Academic ScholarshipScholar, a student must maintain
562	the equivalent of a cumulative grade point average of 3.0 on a
563	4.0 scale for all postsecondary education coursework attempted
564	with an opportunity for one restorationreinstatementas
565	provided in this chapter.
566	(5)(4)In each school district, the Florida Academic
567	Scholar with the highest academic ranking as determined by the
568	department shall receive an additional award of$1,500 for
569	college-related expenses,. This award must befunded from the
570	Florida Bright Futures Scholarship Program.
571	(6) Notwithstanding the provisions of subsection (2)
572	regarding award amount and for the 2003-2004 fiscal year only,
573	recipients of Florida Bright Futures Scholarships shall pay the
574	difference between the subsidy specified in Specific
575	Appropriation 2 of the 2003 General Appropriations Act, or
576	similar legislation, and the tuition established under the
577	authority of the state university and community college boards
578	of trustees. Florida Bright Futures Scholarship recipients
579	choosing to attend eligible private institutions shall receive
580	an amount equivalent to the subsidy paid to public institutions.
581	This subsection expires June 30, 2004.
582	Section 9. Section 1009.535, Florida Statutes, is amended
583	to read:
584	1009.535 Florida Medallion ScholarshipScholars award.--
585	(1) Except as otherwise provided in this section,a
586	student is eligible for a Florida Medallion ScholarshipScholars
587	awardif the student meets the general eligibility requirements
588	for the Florida Bright Futures Scholarship Program and the
589	student:
590	(a) Has achieved a weighted grade point average of 3.0 as
591	calculated pursuant to s. 1009.531, or the equivalent, in high
592	school courses that are designated by the State Board of
593	Education as college-preparatory academic courses; and has
594	attained at least the score identified by rules of the State
595	Board of Education on the combined verbal and quantitative parts
596	of the Scholastic Aptitude Test, the Scholastic Assessment Test,
597	or the recentered Scholastic Assessment Test of the College
598	Entrance Examination, or an equivalent score on the ACT
599	Assessment Program; or
600	(b) Has attended a home education program pursuant
601	accordingto s. 1002.41 during grades 11 and 12 or has completed
602	the International Baccalaureate curriculum but failed to earn
603	the International Baccalaureate Diploma or has completed the
604	Advanced International Certificate of Education curriculum but
605	failed to earn the Advanced International Certificate of
606	Education Diploma, and has attained at least the score
607	identified by rules of the State BoardDepartmentof Education
608	on the combined verbal and quantitative parts of the Scholastic
609	Aptitude Test, the Scholastic Assessment Test, or the recentered
610	Scholastic Assessment Test of the College Entrance Examination,
611	or an equivalent score on the ACT Assessment Program; or
612	(c) Has been recognized by the merit or achievement
613	program of the National Merit Scholarship Corporation as a
614	scholar or finalist but has not completed a program of community
615	service as provided in s. 1009.534; or
616	(d) Has been recognized by the National Hispanic
617	Recognition Program as a scholar, but has not completed a
618	program of community service as provided in s. 1009.534.
619	(2) A Florida Medallion Scholar is eligible for a
620	scholarship that coversan award equal to the amount required to
621	pay75 percent of tuition and fees, if the student is enrolled
622	in a public postsecondary education institution. For purposes of
623	this scholarship, the term “fees” includes the following fees:
624	financial aid fee; capital improvement fee; building fee;
625	Capital Improvement Trust Fund fee; activity and service fee;
626	health fee; athletic fee; and lab fees not to exceed $300 per
627	term.A student who is enrolled in a nonpublic postsecondary
628	education institution is eligible for a scholarshipan award
629	equal to the amount that the state provides as a Florida
630	Medallion Scholars Bright Futures subsidy towould be required
631	to pay 75 percent of the tuition and fees ofa public
632	postsecondary education institution at the comparable level. A
633	student who is enrolled in a public postsecondary education
634	institution and chooses to receive the Florida Bright Futures
635	Scholarship as a cash payment for expenses associated with
636	postsecondary education is eligible for the amount of the
637	Florida Bright Futures subsidy the state provides the public
638	postsecondary education institution that the student attends.
639	(3) Notwithstanding the provisions of subsection (2) and
640	effective with scholarships for the 2007-2008 academic year and
641	thereafter, the Legislature shall establish in the General
642	Appropriations Act the amount a student shall receive for a
643	Florida Medallion Scholarship.
644	(4)(3) To be eligible to renewfor a renewal award asa
645	Florida Medallion ScholarshipScholar, a student must maintain
646	the equivalent of a cumulative grade point average of 2.75 on a
647	4.0 scale for all postsecondary education coursework attempted
648	with an opportunity for restorationreinstatementone time as
649	provided in this chapter.
650	(5) Notwithstanding the provisions relating to test scores
651	in paragraphs (1)(a) and (b), beginning with initial Florida
652	Medallion Scholarships for the 2007-2008 academic year and
653	thereafter, a student who has completed a college-preparatory
654	curriculum must score a minimum of 1050 on the combined verbal
655	and quantitative parts of the Scholastic Assessment Test of the
656	College Entrance Examination, or an equivalent score on the ACT
657	Assessment Program or an equivalent examination as determined by
658	the State Board of Education, to satisfy the test score
659	requirement for a scholarship pursuant to this section. A
660	student who is unable to document completion of a college-
661	preparatory curriculum must score a minimum of 1150 on the
662	combined verbal and quantitative parts of the Scholastic
663	Assessment Test of the College Entrance Examination, or an
664	equivalent score on the ACT Assessment Program or an equivalent
665	examination as determined by the State Board of Education, to
666	satisfy the test score requirement for a scholarship pursuant to
667	this section.
668	(6) Notwithstanding the provisions of subsection (2)
669	regarding award amount and for the 2003-2004 fiscal year only,
670	recipients of Florida Bright Futures Scholarships shall pay the
671	difference between the subsidy specified in Specific
672	Appropriation 2 of the 2003 General Appropriations Act, or
673	similar legislation, and the tuition established under the
674	authority of the state university and community college boards
675	of trustees. Florida Bright Futures Scholarship recipients
676	choosing to attend eligible private institutions shall receive
677	an amount equivalent to the subsidy paid to public institutions.
678	This subsection expires June 30, 2004.
679	Section 10. Section 1009.536, Florida Statutes, is amended
680	to read:
681	1009.536 Florida Gold Seal Vocational ScholarshipScholars
682	award.--The Florida Gold Seal Vocational ScholarshipScholars
683	awardis created within the Florida Bright Futures Scholarship
684	Program to recognize and reward academic achievement and career
685	and technical preparation by high school students who wish to
686	continue their education. Beginning with the fall term of the
687	2007-2008 academic year, a Florida Gold Seal Vocational
688	Scholarship may not be used at a baccalaureate degree granting
689	institution, other than a community college as defined in s.
690	1000.21 that has been authorized to offer baccalaureate degrees
691	pursuant to s. 1004.73 or s. 1007.33, unless the scholarship is
692	a renewal of a scholarship issued prior to that term or the
693	student is enrolled in a program that has been identified by the
694	State Board of Education as a program that serves as a
695	continuation of a specific secondary or postsecondary career and
696	technical program or a job-preparatory career education program
697	as described in paragraph (1)(a). The State Board of Education
698	shall publish a list of such programs no later than December 31,
699	2004.
700	(1) A student is eligible for a Florida Gold Seal
701	Vocational ScholarshipScholars awardif the student meets the
702	general eligibility requirements for the Florida Bright Futures
703	Scholarship Program and the student:
704	(a) Completes the secondary school portion of a sequential
705	program of studies that requires at least three secondary school
706	career and technical credits taken over at least 2 academic
707	years, and is continued in a planned, related postsecondary
708	education program. If the student's school does not offer such a
709	two-plus-two or tech-prep program, the student must complete a
710	job-preparatory career education program selected by the
711	Workforce Estimating Conference or Workforce Florida, Inc., for
712	its ability to provide high-wage employment in an occupation
713	with high potential for employment opportunities. On-the-job
714	training may not be substituted for any of the three required
715	career and technical credits.
716	(b) Demonstrates readiness for postsecondary education by
717	earning a passing score on the Florida College Entry Level
718	Placement Test or its equivalent as identified by the Department
719	of Education.
720	(c) Earns a minimum cumulative weighted grade point
721	average of 3.0, as calculated pursuant to s. 1009.531, on all
722	subjects required for a standard high school diploma, excluding
723	elective courses.
724	(d) Earns a minimum unweighted grade point average of 3.5
725	on a 4.0 scale for secondary career and technical courses
726	comprising the career and technical program.
727	(2) A Florida Gold Seal Vocational Scholar is eligible for
728	a scholarship that coversan award equal to the amount required
729	to pay75 percent of tuition and fees, if the student is
730	enrolled in a public postsecondary education institution. For
731	purposes of this scholarship, the term “fees” includes the
732	following fees: financial aid fee; capital improvement fee;
733	building fee; Capital Improvement Trust Fund fee; activity and
734	service fee; health fee; athletic fee; and lab fees not to
735	exceed $300 per term.A student who is enrolled in a nonpublic
736	postsecondary education institution is eligible for a
737	scholarshipan award equal to the amount that the state provides
738	as a Florida Gold Seal Vocational Scholars Bright Futures
739	subsidy towould be required to pay 75 percent of the tuition
740	and mandatory fees ofa public postsecondary education
741	institution at the comparable level. A student who is enrolled
742	in a public postsecondary education institution and chooses to
743	receive the Florida Bright Futures Scholarship as a cash payment
744	for expenses associated with postsecondary education is eligible
745	for the amount of the Florida Bright Futures subsidy the state
746	provides the public postsecondary education institution that the
747	student attends.
748	(3) Notwithstanding the provisions of subsection (2) and
749	effective with scholarships for the 2007-2008 academic year and
750	thereafter, the Legislature shall establish in the General
751	Appropriations Act the amount a student shall receive for a
752	Florida Gold Seal Vocational Scholarship.
753	(4)(3) To renewbe eligible for a renewal award asa
754	Florida Gold Seal Vocational ScholarshipScholar, a student must
755	maintain the equivalent of a cumulative grade point average of
756	2.75 on a 4.0 scale for all postsecondary education coursework
757	attempted with an opportunity for restorationreinstatementone
758	time as provided in this chapter.
759	(5)(a)(4) A student who received his or her initial
760	Florida Gold Seal Vocational Scholarship prior to the 2003-2004
761	academic yearmay earn a Florida Gold Seal Vocational
762	Scholarship for 110 percent of the number of credit hours
763	required to complete the program, up to 90 credit hours or the
764	equivalent. A Florida Gold Seal Scholar who has a cumulative
765	grade point average of 2.75 in all postsecondary education work
766	attempted may apply for a Florida Medallion Scholars award at
767	any renewal period. All other provisions of that program apply,
768	and the credit-hour limitation must be calculated by subtracting
769	from the student's total eligibility the number of credit hours
770	the student attempted while earning the Gold Seal Vocational
771	Scholarship.
772	(b) Beginning with students who receive an initial Florida
773	Gold Seal Vocational Scholarship in the 2003-2004 academic year
774	and thereafter, a student may receive a Florida Gold Seal
775	Vocational Scholarship for the number of credit hours or clock
776	hours required to complete the program up to 90 credit hours.
777	(6) Upon successful completion of an associate degree
778	program or admission to the upper division of a state
779	university, or the equivalent as determined by the State Board
780	of Education, a Florida Gold Seal Vocational Scholar who meets
781	the scholarship renewal criteria in subsection (4) and enrolls
782	in a baccalaureate degree program at an eligible postsecondary
783	education institution is eligible to transfer to the Florida
784	Medallion Scholarship component of the Florida Bright Futures
785	Scholarship Program. Other than initial eligibility criteria,
786	all other provisions of that component apply.
787	(7) Notwithstanding the provisions of subsection (2)
788	regarding award amount and for the 2003-2004 fiscal year only,
789	recipients of Florida Bright Futures Scholarships shall pay the
790	difference between the subsidy specified in Specific
791	Appropriation 2 of the 2003 General Appropriations Act, or
792	similar legislation, and the tuition established under the
793	authority of the state university and community college boards
794	of trustees. Florida Bright Futures Scholarship recipients
795	choosing to attend eligible private institutions shall receive
796	an amount equivalent to the subsidy paid to public institutions.
797	This subsection expires June 30, 2004.
798	Section 11. Section 1009.5365, Florida Statutes, is
799	created to read:
800	1009.5365 Florida Bright Futures Scholarship subsidy to
801	public postsecondary education institutions.--
802	(1) Beginning with the 2003-2004 fiscal year, the state
803	shall provide a Florida Bright Futures subsidy from the
804	Educational Enhancement Trust Fund to public postsecondary
805	education institutions for each Florida Bright Futures
806	Scholarship recipient attending the institution.
807	(2) The amount of the subsidy per term for full-time
808	enrollment shall be established in the General Appropriations
809	Act. The subsidy shall be prorated for students who attend less
810	than full time. The subsidy for a student who enrolls for 9 to
811	11 semester credit hours per term, or the equivalent in quarter
812	or contact hours, shall be three-quarters of the amount
813	specified in the General Appropriations Act. The subsidy for a
814	student who enrolls for 6 to 8 semester credit hours per term,
815	or the equivalent in quarter or contact hours, shall be one-half
816	of the amount specified in the General Appropriations Act.
817	(3) To assist public postsecondary education institutions
818	in planning and budgeting, the amount of each Florida Bright
819	Futures subsidy set in the General Appropriations Act shall be
820	no less than the amount set in the General Appropriations Act
821	the prior year.
822	(4) The Department of Education shall distribute the
823	Florida Bright Futures subsidy to each public postsecondary
824	education institution upon certification from the institution of
825	the Florida Bright Futures Scholarship recipients enrolled and
826	in attendance at the institution. The certification must include
827	sufficient information to permit the department to prorate the
828	subsidies for students who attend less than full time.
829	(5) The State Board of Education may adopt rules pursuant
830	to ss. 120.536(1) and 120.54 to implement provisions of this
831	section.
832	Section 12. (1) It is the intent of the Legislature to
833	preserve full access to the Florida Prepaid College Program for
834	all of Florida's citizens while balancing the need to adequately
835	fund Florida's system of higher education. The Legislature finds
836	that the Florida Prepaid College Program is the largest such
837	program in the nation and that the fiscal integrity of the
838	program must be maintained to ensure that all of Florida's
839	citizens have access to Florida's system of higher education.
840	The Legislature further finds that an accurate estimate of the
841	Florida Prepaid College Trust Fund revenues is needed for the
842	state planning and budgeting system.
843	(2) No later than October 30, 2003, the Revenue Estimating
844	Conference shall make a report to the Governor, the President of
845	the Senate, and the Speaker of the House of Representatives
846	concerning the economic and demographic assumptions upon which
847	the annual comprehensive actuarial adequacy report for the
848	Florida Prepaid College Program is based. The report shall also
849	examine the assumptions used to determine the price of program
850	contracts. The report shall include recommendations to ensure
851	the long-term viability of the program, which may include
852	recommendations to modify the assumptions upon which the
853	program's fiscal soundness and contract prices are based.
854	Section 13. Sections 1009.538 and 1009.539, Florida
855	Statutes, are repealed.
856	Section 14. The State Board of Education shall recommend
857	to the Legislature by December 31, 2003, a plan that provides
858	for increased tuition and reduced funding for credit hours taken
859	by a student when such credit hours exceed the number of credit
860	hours required for completion of the diploma, certificate, or
861	degree program in which the student is enrolled. The degree
862	programs addressed in the plan must include the associate,
863	baccalaureate, graduate, and professional levels.
864	Section 15. Subsection (5) of section 1002.41, Florida
865	Statutes, is amended to read:
866	1002.41 Home education programs.--
867	(5) Home education students may participate in the Bright
868	Futures Scholarship Program in accordance with the provisions of
869	chapter 1009ss. 1009.53-1009.539.
870	Section 16. This act shall take effect July 1, 2003.
871