| 1 | A bill to be entitled | 
| 2 | An act relating to higher education finance policy; | 
| 3 | creating s. 1004.215, F.S.; requiring university boards of | 
| 4 | trustees to develop policies and procedures relating to | 
| 5 | program completion; requiring a degree audit system; | 
| 6 | providing credit hours to be included in enrollment | 
| 7 | calculations; providing that certain credit hours be | 
| 8 | omitted from enrollment calculations; authorizing state | 
| 9 | universities to establish an excess-hour surcharge; | 
| 10 | requiring approval of policies by the Board of Governors | 
| 11 | prior to implementation; specifying that provisions become | 
| 12 | effective for students entering a community college or | 
| 13 | state university for the first time in the 2005-2006 | 
| 14 | academic year and thereafter; requiring a study and a | 
| 15 | report by the Office of Program Policy Analysis and | 
| 16 | Government Accountability; amending s. 1009.21, F.S.; | 
| 17 | requiring classification as a resident or nonresident for | 
| 18 | purposes of assessing tuition for certain programs and | 
| 19 | determining eligibility to participate in selected | 
| 20 | financial assistance programs; revising definitions; | 
| 21 | revising provisions relating to determination of resident | 
| 22 | status; updating obsolete terminology; classifying as | 
| 23 | residents for tuition purposes certain employees of | 
| 24 | international multilateral organizations; providing | 
| 25 | eligibility criteria for certain students who are not | 
| 26 | permanent residents of the United States for exemption | 
| 27 | from payment of nonresident tuition; limiting enrollment; | 
| 28 | reenacting s. 1009.40(1)(a), F.S., relating to general | 
| 29 | requirements for student eligibility for state financial | 
| 30 | aid, to incorporate the amendment to s. 1009.21, F.S., in | 
| 31 | a reference thereto; providing for severability; providing | 
| 32 | an effective date. | 
| 33 | 
 | 
| 34 | Be It Enacted by the Legislature of the State of Florida: | 
| 35 | 
 | 
| 36 | Section 1.  Section 1004.215, Florida Statutes, is created | 
| 37 | to read: | 
| 38 | 1004.215  Timely completion of baccalaureate degree | 
| 39 | programs.-- | 
| 40 | (1)  Each university board of trustees shall develop | 
| 41 | policies and procedures to ensure that students enrolled in | 
| 42 | baccalaureate degree programs complete their programs in a | 
| 43 | timely manner in order to make the most efficient use of | 
| 44 | instructional resources and provide capacity within the | 
| 45 | institution for additional students. Such policies and | 
| 46 | procedures shall include, at a minimum, implementation of a | 
| 47 | universal tracking degree audit system. A universal tracking | 
| 48 | degree audit system developed by a state university with state | 
| 49 | funds shall be made available at no cost for use by other state | 
| 50 | universities. The degree audit system must have the capability | 
| 51 | to: | 
| 52 | (a)  Inform students of the courses they must successfully | 
| 53 | complete for their majors. | 
| 54 | (b)  Evaluate whether or not satisfactory progress is being | 
| 55 | made. | 
| 56 | (c)  Provide each student with a recommended semester-by- | 
| 57 | semester enrollment plan that identifies the courses that must | 
| 58 | be completed with a required GPA during the semester in which | 
| 59 | the course is indicated in order for the student to be on track | 
| 60 | for the designated major. | 
| 61 | (d)  Provide university administrators with a semester-by- | 
| 62 | semester enrollment plan that identifies the courses that must | 
| 63 | be offered for students to be on track for their designated | 
| 64 | majors. The university shall give priority each semester to | 
| 65 | offering such courses. | 
| 66 | (2)  Once a resident undergraduate student has taken 115 | 
| 67 | percent of the credit hours required for the degree program in | 
| 68 | which the student is enrolled, any subsequent credit hours | 
| 69 | generated by that student as an undergraduate or unclassified | 
| 70 | student shall not be included in calculations of full-time | 
| 71 | equivalent enrollments for state funding purposes. | 
| 72 | (3)  Except as otherwise provided by law, the following | 
| 73 | hours shall be included when calculating, for purposes of this | 
| 74 | section, the number of hours taken by a student: | 
| 75 | (a)  All credit hours for courses taken at the state | 
| 76 | university from which the student is seeking a degree, including | 
| 77 | repeated courses and failed courses, except as provided in s. | 
| 78 | 1009.285, and courses that are dropped after the university's | 
| 79 | advertised last day of drop and add. | 
| 80 | (b)  All credit hours earned at another institution and | 
| 81 | accepted for transfer. | 
| 82 | (4)  The following hours shall not be included when | 
| 83 | calculating, for purposes of this section, the number of hours | 
| 84 | taken by a student: | 
| 85 | (a)  Credit hours earned through an acceleration mechanism | 
| 86 | identified in s. 1007.27. | 
| 87 | (b)  Credit hours earned in a course that does not count | 
| 88 | toward any degree at the institution. | 
| 89 | (c)  Credit hours earned in military science courses. | 
| 90 | (d)  Credit hours required to achieve a dual major. | 
| 91 | (e)  Credit hours required to achieve teacher certification | 
| 92 | that are not credited toward the student's first baccalaureate | 
| 93 | degree. | 
| 94 | (f)  Credit hours taken by active duty military personnel. | 
| 95 | (g)  Credit hours in courses from which a student must | 
| 96 | withdraw due to medical or personal hardship reasons. | 
| 97 | (5)  Policies established pursuant to this section may | 
| 98 | include assessment by the institution of a surcharge in addition | 
| 99 | to regular tuition and fees for any credit hours taken by the | 
| 100 | student in excess of 115 percent of the credit hours required | 
| 101 | for the student's degree program. The surcharge plus tuition may | 
| 102 | not exceed 100 percent of the full cost of instruction. | 
| 103 | (6)  Policies established pursuant to this section must be | 
| 104 | submitted to the Board of Governors for review and approval | 
| 105 | prior to implementation by a university. | 
| 106 | (7)  The provisions of this section shall become effective | 
| 107 | for students who enter a community college or a state university | 
| 108 | for the first time in the 2005-2006 academic year and | 
| 109 | thereafter. | 
| 110 | Section 2.  In order to determine whether the issue of | 
| 111 | excess hours should be addressed for associate and graduate- | 
| 112 | level programs, the Office of Program Policy Analysis and | 
| 113 | Government Accountability shall conduct a study to determine how | 
| 114 | the number of credit hours taken by students at community | 
| 115 | colleges and state universities compares to the number of hours | 
| 116 | required to complete degree requirements. The study shall also | 
| 117 | review degree requirements across institutions to identify the | 
| 118 | range of degree requirements for similar programs. A report of | 
| 119 | the results of the study shall be submitted to the Governor, the | 
| 120 | President of the Senate, and the Speaker of the House of | 
| 121 | Representatives by February 1, 2006. | 
| 122 | Section 3.  Section 1009.21, Florida Statutes, is amended | 
| 123 | to read: | 
| 124 | 1009.21  Determination of resident status for tuition and | 
| 125 | financial assistance eligibility purposes; exemption.--Students | 
| 126 | shall be classified as residents or nonresidents for the purpose | 
| 127 | of assessing tuition in community colleges and state | 
| 128 | universities, for the purpose of assessing tuition for | 
| 129 | instruction in postsecondary career and technical programs | 
| 130 | offered by school districts, and for the purpose of determining | 
| 131 | student eligibility to participate in financial assistance | 
| 132 | programs established pursuant to s. 1009.50, s. 1009.51, s. | 
| 133 | 1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s. 1009.57, s. | 
| 134 | 1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s. 1009.72, s. | 
| 135 | 1009.73, s. 1009.76, s. 1009.77, or s. 1009.89. | 
| 136 | (1)  As used in this section, the term: | 
| 137 | (a) The term"Dependent child" means any person, whether | 
| 138 | or not living with his or her parent, who is eligible to be | 
| 139 | claimed by his or her parent as a dependent under the federal | 
| 140 | income tax code. | 
| 141 | (b)  "Initial enrollment" means the first day of class. | 
| 142 | (c) (b)The term"Institution of higher education" means | 
| 143 | any public community college or state university. | 
| 144 | (d) (c)A"Legal resident" or "resident" meansisa person | 
| 145 | who has maintained his or her residence in this state for the | 
| 146 | preceding year, has purchased a home which is occupied by him or | 
| 147 | her as his or her residence, or has established a domicile in | 
| 148 | this state pursuant to s. 222.17. | 
| 149 | (e)  "Nonresident for tuition purposes" means a person who | 
| 150 | does not qualify for the in-state tuition rate. | 
| 151 | (f) (d)The term"Parent" means the natural or adoptive | 
| 152 | parent or legal guardian of a dependent child. | 
| 153 | (g) (e)A"Resident for tuition purposes" meansisa person | 
| 154 | who qualifies as provided in subsection (2) for the in-state | 
| 155 | tuition rate ; a "nonresident for tuition purposes" is a person | 
| 156 | who does not qualify for the in-state tuition rate. | 
| 157 | (2)(a)  To qualify as a resident for tuition purposes: | 
| 158 | 1.  A person or, if that person is a dependent child, his | 
| 159 | or her parent or parents must have established legal residence | 
| 160 | in this state and must have maintained legal residence in this | 
| 161 | state for at least 12 months immediately prior to his or her | 
| 162 | initial enrollment in a postsecondary education program in this | 
| 163 | state qualification. | 
| 164 | 2.  Every applicant for admission to an institution of | 
| 165 | higher education shall be required to make a statement as to his | 
| 166 | or her length of residence in the state and, further, shall | 
| 167 | establish that his or her presence or, if the applicant is a | 
| 168 | dependent child, the presence of his or her parent or parents in | 
| 169 | the state currently is, and during the requisite 12-month | 
| 170 | qualifying period was, for the purpose of maintaining a bona | 
| 171 | fide domicile, rather than for the purpose of maintaining a mere | 
| 172 | temporary residence or abode incident to enrollment in an | 
| 173 | institution of higher education. | 
| 174 | (b)  However, with respect to a dependent child living with | 
| 175 | an adult relative other than the child's parent, such child may | 
| 176 | qualify as a resident for tuition purposes if the adult relative | 
| 177 | is a legal resident who has maintained legal residence in this | 
| 178 | state for at least 12 months immediately prior to the child's | 
| 179 | initial enrollment in a postsecondary education program in this | 
| 180 | state qualification, provided the child has resided continuously | 
| 181 | with such relative for the 5 years immediately prior to the | 
| 182 | child's initial enrollment qualification, during which time the | 
| 183 | adult relative has exercised day-to-day care, supervision, and | 
| 184 | control of the child. | 
| 185 | (c)  The legal residence of a dependent child whose parents | 
| 186 | are divorced, separated, or otherwise living apart will be | 
| 187 | deemed to be this state if either parent is a legal resident of | 
| 188 | this state, regardless of which parent is entitled to claim, and | 
| 189 | does in fact claim, the minor as a dependent pursuant to federal | 
| 190 | individual income tax provisions. | 
| 191 | (d)  A person who is classified as a nonresident for | 
| 192 | tuition purposes may become eligible for reclassification as a | 
| 193 | resident for tuition purposes if that person or, if that person | 
| 194 | is a dependent child, his or her parent presents documentation | 
| 195 | that supports permanent residency in this state rather than | 
| 196 | temporary residency for the purpose of pursuing an education, | 
| 197 | such as documentation of full-time permanent employment for the | 
| 198 | previous 12 months or the purchase of a home in this state and | 
| 199 | residence therein for the prior 12 months. | 
| 200 | (3)  An individual shall not be classified as a resident | 
| 201 | for tuition purposes and, thus, shall not be eligible to receive | 
| 202 | the in-state tuition rate until he or she has provided such | 
| 203 | evidence related to legal residence and its duration as may be | 
| 204 | required by officials of the institution of higher education | 
| 205 | from which he or she seeks the in-state tuition rate. | 
| 206 | (4)  With respect to a dependent child, the legal residence | 
| 207 | of such individual's parent or parents is prima facie evidence | 
| 208 | of the individual's legal residence, which evidence may be | 
| 209 | reinforced or rebutted, relative to the age and general | 
| 210 | circumstances of the individual, by the other evidence of legal | 
| 211 | residence required of or presented by the individual. However, | 
| 212 | the legal residence of an individual whose parent or parents are | 
| 213 | domiciled outside this state is not prima facie evidence of the | 
| 214 | individual's legal residence if that individual has lived in | 
| 215 | this state for 5 consecutive years prior to enrolling or | 
| 216 | reregistering at the institution of higher education at which | 
| 217 | resident status for tuition purposes is sought. | 
| 218 | (5)  In making a domiciliary determination related to the | 
| 219 | classification of a person as a resident or nonresident for | 
| 220 | tuition purposes, the domicile of a married person, irrespective | 
| 221 | of sex, shall be determined, as in the case of an unmarried | 
| 222 | person, by reference to all relevant evidence of domiciliary | 
| 223 | intent. For the purposes of this section: | 
| 224 | (a)  A person shall not be precluded from establishing or | 
| 225 | maintaining legal residence in this state and subsequently | 
| 226 | qualifying or continuing to qualify as a resident for tuition | 
| 227 | purposes solely by reason of marriage to a person domiciled | 
| 228 | outside this state, even when that person's spouse continues to | 
| 229 | be domiciled outside of this state, provided such person | 
| 230 | maintains his or her legal residence in this state. | 
| 231 | (b)  A person shall not be deemed to have established or | 
| 232 | maintained a legal residence in this state and subsequently to | 
| 233 | have qualified or continued to qualify as a resident for tuition | 
| 234 | purposes solely by reason of marriage to a person domiciled in | 
| 235 | this state. | 
| 236 | (c)  In determining the domicile of a married person, | 
| 237 | irrespective of sex, the fact of the marriage and the place of | 
| 238 | domicile of such person's spouse shall be deemed relevant | 
| 239 | evidence to be considered in ascertaining domiciliary intent. | 
| 240 | (6)  Any nonresident person, irrespective of sex, who | 
| 241 | marries a legal resident of this state or marries a person who | 
| 242 | later becomes a legal resident may, upon becoming a legal | 
| 243 | resident of this state, accede to the benefit of the spouse's | 
| 244 | immediately precedent duration as a legal resident for purposes | 
| 245 | of satisfying the 12-month durational requirement of this | 
| 246 | section. | 
| 247 | (7)  A person shall not lose his or her resident status for | 
| 248 | tuition purposes solely by reason of serving, or, if such person | 
| 249 | is a dependent child, by reason of his or her parent's or | 
| 250 | parents' serving, in the Armed Forces outside this state. | 
| 251 | (8)  A person who has been properly classified as a | 
| 252 | resident for tuition purposes but who, while enrolled in an | 
| 253 | institution of higher education in this state, loses his or her | 
| 254 | resident tuition status because the person or, if he or she is a | 
| 255 | dependent child, the person's parent or parents establish | 
| 256 | domicile or legal residence elsewhere shall continue to enjoy | 
| 257 | the in-state tuition rate for a statutory grace period, which | 
| 258 | period shall be measured from the date on which the | 
| 259 | circumstances arose that culminated in the loss of resident | 
| 260 | tuition status and shall continue for 12 months. However, if the | 
| 261 | 12-month grace period ends during a semester or academic term | 
| 262 | for which such former resident is enrolled, such grace period | 
| 263 | shall be extended to the end of that semester or academic term. | 
| 264 | (9)  Any person who ceases to be enrolled at or who | 
| 265 | graduates from an institution of higher education while | 
| 266 | classified as a resident for tuition purposes and who | 
| 267 | subsequently abandons his or her domicile in this state shall be | 
| 268 | permitted to reenroll at an institution of higher education in | 
| 269 | this state as a resident for tuition purposes without the | 
| 270 | necessity of meeting the 12-month durational requirement of this | 
| 271 | section if that person has reestablished his or her domicile in | 
| 272 | this state within 12 months of such abandonment and continuously | 
| 273 | maintains the reestablished domicile during the period of | 
| 274 | enrollment. The benefit of this subsection shall not be accorded | 
| 275 | more than once to any one person. | 
| 276 | (10)  The following persons shall be classified as | 
| 277 | residents for tuition purposes: | 
| 278 | (a)  Active duty members of the Armed Services of the | 
| 279 | United States residing or stationed in this state, their | 
| 280 | spouses ,and dependent children, and active members of the | 
| 281 | Florida National Guard who qualify under s. 250.10(7) and (8) | 
| 282 | for the tuition assistance program. | 
| 283 | (b)  Active duty members of the Armed Services of the | 
| 284 | United States, and their spouses and dependent children, | 
| 285 | dependentsattending a public community college or state | 
| 286 | university within 50 miles of the military establishment where | 
| 287 | they are stationed, if such military establishment is within a | 
| 288 | county contiguous to Florida. | 
| 289 | (c)  United States citizens living on the Isthmus of | 
| 290 | Panama, who have completed 12 consecutive months of college work | 
| 291 | at the Florida State University Panama Canal Branch, and their | 
| 292 | spouses and dependent children. | 
| 293 | (d)  Full-time instructional and administrative personnel | 
| 294 | employed by state public schools, community colleges, and | 
| 295 | institutions of higher education, as defined in s. 1000.04, and | 
| 296 | their spouses and dependent children. | 
| 297 | (e)  Students from Latin America and the Caribbean who | 
| 298 | receive scholarships from the federal or state government. Any | 
| 299 | student classified pursuant to this paragraph shall attend, on a | 
| 300 | full-time basis, a Florida institution of higher education. | 
| 301 | (f)  Southern Regional Education Board's Academic Common | 
| 302 | Market graduate students attending Florida's state universities. | 
| 303 | (g)  Full-time employees of state agencies or political | 
| 304 | subdivisions of the state when the student fees are paid by the | 
| 305 | state agency or political subdivision for the purpose of job- | 
| 306 | related law enforcement or corrections training. | 
| 307 | (h)  McKnight Doctoral Fellows and Finalists who are United | 
| 308 | States citizens. | 
| 309 | (i)  United States citizens living outside the United | 
| 310 | States who are teaching at a Department of Defense Dependent | 
| 311 | School or in an American International School and who enroll in | 
| 312 | a graduate level education program which leads to a Florida | 
| 313 | teaching certificate. | 
| 314 | (j)  Active duty members of the Canadian military residing | 
| 315 | or stationed in this state under the North American Aerospace | 
| 316 | Defense Command Air Defense(NORAD) agreement, and their spouses | 
| 317 | and dependent children, attending a community college or state | 
| 318 | university within 50 miles of the military establishment where | 
| 319 | they are stationed. | 
| 320 | (k)  Active duty members of a foreign nation's military who | 
| 321 | are serving as liaison officers and are residing or stationed in | 
| 322 | this state, and their spouses and dependent children, attending | 
| 323 | a community college or state university within 50 miles of the | 
| 324 | military establishment where the foreign liaison officer is | 
| 325 | stationed. | 
| 326 | (l)  Full-time employees of international multilateral | 
| 327 | organizations based in Florida that are recognized by the United | 
| 328 | States Department of State and their spouses and dependent | 
| 329 | children. | 
| 330 | (11)  A student, other than a nonimmigrant alien within the | 
| 331 | meaning of 8 U.S.C. s. 1101(a)(15), who meets all of the | 
| 332 | following requirements shall be exempt from paying nonresident | 
| 333 | tuition at community colleges and state universities: | 
| 334 | (a)  The student has resided in Florida with a parent, as | 
| 335 | defined in paragraph (1)(f), for at least 3 consecutive years | 
| 336 | immediately preceding the date the student received a high | 
| 337 | school diploma or its equivalent and has attended a Florida high | 
| 338 | school for at least 3 consecutive school years during such time. | 
| 339 | (b)  The student has provided to a community college or a | 
| 340 | state university an affidavit stating that the student will file | 
| 341 | an application to become a permanent resident of the United | 
| 342 | States at the earliest opportunity he or she is eligible to do | 
| 343 | so. | 
| 344 | 
 | 
| 345 | The exemption provided pursuant to this subsection shall be | 
| 346 | limited to the top 2,000 students in academic performance in | 
| 347 | Florida high schools who register and enroll at a community | 
| 348 | college or state university under the exemption. | 
| 349 | (12) (11)The State Board of Education shall by rule | 
| 350 | designate classifications of students as residents or | 
| 351 | nonresidents for tuition purposes at community colleges and | 
| 352 | state universities. | 
| 353 | Section 4.  For the purpose of incorporating the amendment | 
| 354 | to section 1009.21, Florida Statutes, in a reference thereto, | 
| 355 | paragraph (a) of subsection (1) of section 1009.40, Florida | 
| 356 | Statutes, is reenacted to read: | 
| 357 | 1009.40  General requirements for student eligibility for | 
| 358 | state financial aid.-- | 
| 359 | (1)(a)  The general requirements for eligibility of | 
| 360 | students for state financial aid awards consist of the | 
| 361 | following: | 
| 362 | 1.  Achievement of the academic requirements of and | 
| 363 | acceptance at a state university or community college; a nursing | 
| 364 | diploma school approved by the Florida Board of Nursing; a | 
| 365 | Florida college, university, or community college which is | 
| 366 | accredited by an accrediting agency recognized by the State | 
| 367 | Board of Education; any Florida institution the credits of which | 
| 368 | are acceptable for transfer to state universities; any career | 
| 369 | center; or any private career institution accredited by an | 
| 370 | accrediting agency recognized by the State Board of Education. | 
| 371 | 2.  Residency in this state for no less than 1 year | 
| 372 | preceding the award of aid for a program established pursuant to | 
| 373 | s. 1009.50, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. | 
| 374 | 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s. | 
| 375 | 1009.68, s. 1009.72, s. 1009.73, s. 1009.76, s. 1009.77, or s. | 
| 376 | 1009.89. Residency in this state must be for purposes other than | 
| 377 | to obtain an education. Resident status for purposes of | 
| 378 | receiving state financial aid awards shall be determined in the | 
| 379 | same manner as resident status for tuition purposes pursuant to | 
| 380 | s. 1009.21 and rules of the State Board of Education. | 
| 381 | 3.  Submission of certification attesting to the accuracy, | 
| 382 | completeness, and correctness of information provided to | 
| 383 | demonstrate a student's eligibility to receive state financial | 
| 384 | aid awards. Falsification of such information shall result in | 
| 385 | the denial of any pending application and revocation of any | 
| 386 | award currently held to the extent that no further payments | 
| 387 | shall be made. Additionally, students who knowingly make false | 
| 388 | statements in order to receive state financial aid awards shall | 
| 389 | be guilty of a misdemeanor of the second degree subject to the | 
| 390 | provisions of s. 837.06 and shall be required to return all | 
| 391 | state financial aid awards wrongfully obtained. | 
| 392 | Section 5.  If any provision of this act or the application | 
| 393 | thereof to any person or circumstance is held invalid, the | 
| 394 | invalidity shall not affect other provisions or applications of | 
| 395 | the act which can be given effect without the invalid provision | 
| 396 | or application, and to this end the provisions of this act are | 
| 397 | declared severable. | 
| 398 | Section 6.  This act shall take effect July 1, 2005. |