CS/HB 343

1
A bill to be entitled
2An act relating to public postsecondary need-based student
3financial assistance; amending s. 1009.40, F.S.; requiring
4state residency for a public postsecondary career
5education student assistance grant; revising eligibility
6criteria for the renewal of specified financial aid
7awards; creating s. 1009.505 F.S.; creating the Florida
8Public Postsecondary Career Education Student Assistance
9Grant Program; providing for program administration;
10defining terms; providing that grants are available to
11specified students in specified postsecondary career
12certificate programs; providing for annual grant amounts;
13providing eligibility criteria for career certificate
14students; requiring reporting by participating
15institutions; providing for distribution of appropriated
16funds; providing for transmittal of grant payments to
17community college presidents or district school
18superintendents; providing for period of eligibility;
19requiring participating institutions to certify amounts
20disbursed to students; requiring the State Board of
21Education to adopt rules; providing that the program shall
22only be implemented to the extent funded and authorized by
23law; amending s. 1009.77, F.S.; revising the purpose of
24the Florida Work Experience Program; providing that the
25program is available to students in specified career
26education programs and educator preparation institutes;
27authorizing a participating institution to use up to 100
28percent of its allocation for student employees within the
29institution and to reimburse itself for 100 percent of the
30student wages; lowering the percentage of student wages
31that must be reimbursed to employers; providing that
32participating postsecondary educational institutions must
33pay for specified preemployment expenses for students
34employed with public schools; requiring employers to pay
35specified wages; prescribing student eligibility
36requirements; providing for distribution of funds;
37requiring certification of funds disbursed to students;
38removing provisions that require funds appropriated for
39the program to be deposited in the State Student Financial
40Assistance Trust Fund and that specify Chief Financial
41Officer responsibilities; removing provision that requires
42program balances to be retained; providing an effective
43date.
44
45     WHEREAS, the public postsecondary career certificate
46programs were created by the state to provide affordable access
47to higher education for Florida's residents, and
48     WHEREAS, students enrolled in public postsecondary career
49certificate programs have no access to state need-based
50financial aid and must rely on student loans and scholarships to
51finance their higher education, and
52     WHEREAS, student debt has escalated at an unprecedented
53level, causing students to owe large sums of money that often
54are difficult to repay, especially with compounding interest,
55and
56     WHEREAS, the State of Florida needs a trained workforce,
57and between 70 percent and 80 percent of jobs for the future
58will require education beyond high school but less than a
59baccalaureate degree, and
60     WHEREAS, students who are willing to work for their need-
61based financial aid in a field for which they are studying is of
62benefit to the student, the employer, and the state, NOW,
63THEREFORE,
64
65Be It Enacted by the Legislature of the State of Florida:
66
67     Section 1.  Subsection (1) of section 1009.40, Florida
68Statutes, is amended to read:
69     1009.40  General requirements for student eligibility for
70state financial aid.--
71     (1)(a)  The general requirements for eligibility of
72students for state financial aid awards consist of the
73following:
74     1.  Achievement of the academic requirements of and
75acceptance at a state university or community college; a nursing
76diploma school approved by the Florida Board of Nursing; a
77Florida college, university, or community college which is
78accredited by an accrediting agency recognized by the State
79Board of Education; any Florida institution the credits of which
80are acceptable for transfer to state universities; any career
81center; or any private career institution accredited by an
82accrediting agency recognized by the State Board of Education.
83     2.  Residency in this state for no less than 1 year
84preceding the award of aid for a program established pursuant to
85s. 1009.50, s. 1009.505, s. 1009.51, s. 1009.52, s. 1009.53, s.
861009.54, s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s.
871009.63, s. 1009.68, s. 1009.72, s. 1009.73, s. 1009.76, s.
881009.77, or s. 1009.89. Residency in this state must be for
89purposes other than to obtain an education. Resident status for
90purposes of receiving state financial aid awards shall be
91determined in the same manner as resident status for tuition
92purposes pursuant to s. 1009.21 and rules of the State Board of
93Education.
94     3.  Submission of certification attesting to the accuracy,
95completeness, and correctness of information provided to
96demonstrate a student's eligibility to receive state financial
97aid awards. Falsification of such information shall result in
98the denial of any pending application and revocation of any
99award currently held to the extent that no further payments
100shall be made. Additionally, students who knowingly make false
101statements in order to receive state financial aid awards shall
102be guilty of a misdemeanor of the second degree subject to the
103provisions of s. 837.06 and shall be required to return all
104state financial aid awards wrongfully obtained.
105     (b)1.  Eligibility for the renewal of undergraduate or
106career certificate financial aid awards shall be evaluated at
107the end of the second semester or third quarter of each academic
108year. As a condition for renewal, a student shall:
109     a.  Have earned a minimum cumulative grade point average of
1102.0 on a 4.0 scale; and
111     b. Have earned, for undergraduate full-time study, 12
112credits per term or the equivalent for the number of terms for
113which aid was received or have earned, for career certificate
114study, at least the equivalent in clock hours of 6 semester
115credit hours per term or the equivalent for the number of terms
116for which aid was received.
117     2.  A student who earns the minimum number of credits
118required for renewal, but who fails to meet the minimum 2.0
119cumulative grade point average, may be granted a probationary
120award for up to the equivalent of 1 academic year and shall be
121required to earn a cumulative grade point average of 2.0 on a
1224.0 scale by the end of the probationary period to be eligible
123for subsequent renewal. A student who receives a probationary
124award and who fails to meet the conditions for renewal by the
125end of his or her probationary period shall be ineligible to
126receive additional awards for the equivalent of 1 academic year
127following his or her probationary period. Each such student may,
128however, reapply for assistance during a subsequent application
129period and may be eligible for an award if he or she has earned
130a cumulative grade point average of 2.0 on a 4.0 scale.
131     3.  A student who fails to earn the minimum number of
132credits required for renewal shall lose his or her eligibility
133for renewal for a period equivalent to 1 academic year. However,
134the student may reapply during a subsequent application period
135and may be eligible for an award if he or she has earned a
136minimum cumulative grade point average of 2.0 on a 4.0 scale.
137     4.  Students who receive state student aid and subsequently
138fail to meet state academic progress requirements due to
139verifiable illness or other emergencies may be granted an
140exception from the academic requirements. Such students shall
141make a written appeal to the institution. The appeal shall
142include a description and verification of the circumstances.
143Verification of illness or other emergencies may include but not
144be limited to a physician's statement or written statement of a
145parent or college official. The institution shall recommend
146exceptions with necessary documentation to the department. The
147department may accept or deny such recommendations for exception
148from the institution.
149     Section 2.  Section 1009.505, Florida Statutes, is created
150to read:
151     1009.505  Florida Public Postsecondary Career Education
152Student Assistance Grant Program.--
153     (1)  There is created a Florida Public Postsecondary Career
154Education Student Assistance Grant Program. The program shall be
155administered by the participating institutions in accordance
156with rules of the State Board of Education.
157     (2)  For purposes of this section, the term:
158     (a)  "Average annual cost of tuition and registration fees"
159means the average cost for the prior academic year of tuition
160and registration fees for the equivalent in clock hours at a
161public postsecondary career certificate program of 30 semester
162credit hours at a state university.
163     (b)  "Half-time" means the equivalent in clock hours at a
164public postsecondary career certificate program of 6 semester
165credit hours at a community college.
166     (c)  "Public postsecondary career certificate program"
167means a postsecondary program that consists of 450 or more clock
168hours, is offered by a community college authorized by Florida
169law or by a career center operated by a district school board
170under s. 1001.44, and terminates in a career certificate.
171     (3)(a)  Student assistance grants through the program may
172be made only to certificate-seeking students enrolled at least
173half-time in a public postsecondary career certificate program
174who meet the general requirements for student eligibility as
175provided in s. 1009.40, except as otherwise provided in this
176section. The grants shall be awarded annually to any recipient
177for the amount of demonstrated unmet need for the cost of
178education and may not exceed the average annual cost of tuition
179and registration fees or such other amount as specified in the
180General Appropriations Act. A demonstrated unmet need of less
181than $200 shall render the applicant ineligible for a grant
182under this section. Recipients of the grants must have been
183accepted at a community college authorized by Florida law or a
184career center operated by a district school board under s.
1851001.44. A student is eligible for the award for 110 percent of
186the number of clock hours required to complete the program in
187which enrolled.
188     (b)  A student applying for a Florida public postsecondary
189career education student assistance grant shall be required to
190apply for the Pell Grant. A Pell Grant entitlement shall be
191considered when conducting an assessment of the financial
192resources available to each student; however, a Pell Grant
193entitlement shall not be required as a condition of receiving a
194grant under this section.
195     (c)  Each participating institution shall report, to the
196department by the established date, the eligible students to
197whom grant moneys are disbursed each academic term. Each
198institution shall also report to the department necessary
199demographic and eligibility data for such students.
200     (4)(a)  The funds appropriated for the Florida Public
201Postsecondary Career Education Student Assistance Grant Program
202shall be distributed to eligible community colleges and district
203school boards in accordance with a formula approved by the
204department.
205     (b)  Payment of Florida public postsecondary career
206education student assistance grants shall be transmitted to the
207president of the community college or to the district school
208superintendent, or to the designee thereof, in advance of the
209registration period. Institutions shall notify students of the
210amount of their awards.
211     (c)  The eligibility status of each student to receive a
212disbursement shall be determined by each institution as of the
213end of its regular registration period, inclusive of a drop-add
214period. Institutions shall not be required to reevaluate a
215student's eligibility status after this date for purposes of
216changing eligibility determinations previously made.
217     (d)  Participating institutions shall certify to the
218department the amount of funds disbursed to each student and
219shall remit to the department any undisbursed advances by June 1
220of each year.
221     (5)  The State Board of Education shall establish rules
222necessary to implement this section.
223     (6)  This section shall be implemented only to the extent
224specifically funded and authorized by law.
225     Section 3.  Section 1009.77, Florida Statutes, is amended
226to read:
227     1009.77  Florida Work Experience Program.--
228     (1)  There is established the Florida Work Experience
229Program to be administered by the Department of Education. The
230purpose of the program is to introduce eligible students to work
231experience that will complement and reinforce their educational
232program and career goals and provide a self-help student aid
233program that reduces student loan indebtedness. Additionally,
234the program's opportunities for employment at a student's school
235will serve as a retention tool because students employed on
236campus are more likely to complete their postsecondary
237education. The Such program shall be available to:
238     (a)  Any student attending a state university or community
239college authorized by Florida law; or
240     (b)  Any student attending a nonprofit Florida
241postsecondary education institution that is eligible to
242participate in either of the student assistance grant programs
243established in ss. 1009.51 and 1009.52;
244     (c)  Any postsecondary student attending a career center
245operated by a district school board under s. 1001.44; or
246     (d)  Any student attending an educator preparation
247institute established under s. 1004.85. Such student may
248participate in this program despite having previously earned a
249baccalaureate degree.
250     (2)(a)  A participating institution may use up to 100 25
251percent of its program allocation for student employment within
252the institution.
253     (b)  A participating institution may use up to 10 percent
254of its program allocation for program administration.
255     (3)  Each participating institution is authorized to enter
256into contractual agreements with private or public employers for
257the purpose of establishing a Florida work experience program.
258     (4)  The participating postsecondary educational
259institution shall be responsible for reimbursing employers for
260student wages from its program allocation moneys it receives
261from the trust fund pursuant to subsection (8). Public
262elementary or secondary school employers or postsecondary
263institution employers shall be reimbursed for 100 percent of the
264student's wages by the participating institution. All other
265employers may shall be reimbursed for up to 70 percent of the
266student's wages. When a college or university employs a student
267on campus through this program, other student financial aid
268funds may not be used to fund the institution's 30-percent
269portion of the student's wages.
270     (5)  The employer is responsible for furnishing the full
271cost of any mandatory benefits. Such benefits may not be
272considered part of the 30-percent wage requirement total for
273matching purposes.
274     (6)  Each participating postsecondary educational
275institution is responsible for furnishing the full cost of all
276preemployment requirements, including, but not limited to,
277background screenings and tuberculosis testing, that are
278necessary for a student to be employed by a public elementary or
279secondary school employer. Expenditures under this subsection
280shall be paid from the funds received by the participating
281postsecondary educational institution.
282     (7)  The employer is responsible for paying no less than
283the federal minimum wage established under the Fair Labor
284Standards Act or the state minimum wage established under s. 24,
285Art. X of the State Constitution and s. 448.110, whichever is
286greater. Employers are encouraged to pay students a competitive
287wage to increase student participation in this program.
288     (8)(6)  A student is eligible to participate in the Florida
289Work Experience Program if the student:
290     (a)  Is enrolled:
291     1.  At an eligible college or university as no less than a
292half-time undergraduate student in good standing;.
293     2.  In an eligible postsecondary career certificate program
294as no less than a half-time student in good standing. Eligible
295programs must be approved by the Department of Education and
296must consist of no less than 450 clock hours of instruction.
297Such programs must be offered by a career center operated by a
298district school board under s. 1001.44 or by a community
299college; or
300     3.  At an educator preparation institute established under
301s. 1004.85 as no less than a half-time student in good standing.
302
303However, a student may be employed during the break between two
304consecutive terms or employed, although not enrolled, during a
305term if the student was enrolled at least half time during the
306preceding term and preregisters as no less than a half-time
307student for the subsequent academic term. A student who attends
308an institution that does not provide preregistration shall
309provide documentation of intent to enroll as no less than a
310half-time student for the subsequent academic term.
311     (b)  Meets the general requirements for student eligibility
312as provided in s. 1009.40, except as otherwise provided in this
313section.
314     (c)  Demonstrates financial need.
315     (d)  Maintains the equivalent of a 2.0 cumulative grade
316point average of a 2.0 on a 4.0 scale for all college work.
317     (9)(7)  The State Board of Education shall adopt prescribe
318such rules for the program as are necessary for its
319administration, for the determination of eligibility and
320selection of institutions to receive funds for students, to
321ensure the proper expenditure of funds, and to provide an
322equitable distribution of funds between students at public and
323independent colleges and universities and career centers
324operated by district school boards under s. 1001.44.
325     (10)  A participating institution that receives funds from
326the program shall certify to the department the amount of funds
327disbursed to each student within 30 days after the end of each
328term.
329     (8)  Funds appropriated by the Legislature for the Florida
330Work Experience Program shall be deposited in the State Student
331Financial Assistance Trust Fund. The Chief Financial Officer
332shall authorize expenditures from the trust fund upon receipt of
333vouchers approved by the Department of Education. Any balance
334therein at the end of any fiscal year that has been allocated to
335the program shall remain therein and shall be available for
336carrying out the purposes of the program.
337     Section 4.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.