Florida Senate - 2008 CS for SB 2210

By the Committees on Higher Education; Higher Education

589-04918-08 20082210c1

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A bill to be entitled

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An act relating to student financial aid; amending ss.

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1009.89 and 1009.891, F.S., relating to the William L.

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Boyd, IV, Florida Resident Access Grant Program and the

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Access to Better Learning and Education Grant Program;

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deleting provisions indicating that the programs are

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tuition assistance programs rather than financial aid

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programs; requiring that a student receiving an award

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under either program maintain a specified grade point

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average, earn a certain amount of academic credit each

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semester or equivalent term, file certain information with

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the Department of Education concerning financial need, and

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demonstrate unmet financial need at the institution;

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requiring institutions participating in either program to

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remit to the department the amount of tuition assistance

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expended for students who fail to meet certain

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requirements; limiting the period during which a student

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may receive an award of tuition assistance; providing an

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effective date.

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

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     Section 1.  Section 1009.89, Florida Statutes, is amended to

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read:

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     1009.89  The William L. Boyd, IV, Florida resident access

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grants.--

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     (1)  The Legislature finds and declares that independent

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nonprofit colleges and universities eligible to participate in

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the William L. Boyd, IV, Florida Resident Access Grant Program

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are an integral part of the higher education system in this state

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and that a significant number of state residents choose this form

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of higher education. The Legislature further finds that a strong

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and viable system of independent nonprofit colleges and

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universities reduces the tax burden on the citizens of the state.

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Because The William L. Boyd, IV, Florida Resident Access Grant

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Program is not related to a student's financial need or other

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criteria upon which financial aid programs are based, it is the

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intent of the Legislature that the William L. Boyd, IV, Florida

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Resident Access Grant Program not be considered a financial aid

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program but rather a tuition assistance program for its citizens.

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     (2)  The William L. Boyd, IV, Florida Resident Access Grant

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Program shall be administered by the Department of Education. The

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State Board of Education shall adopt rules for the administration

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of the program.

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     (3)  The department shall issue through the program a

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William L. Boyd, IV, Florida resident access grant to any full-

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time degree-seeking undergraduate student registered at an

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independent nonprofit college or university that which is located

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in and chartered by the state; that which is accredited by the

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Commission on Colleges of the Southern Association of Colleges

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and Schools; that which grants baccalaureate degrees; that which

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is not a state university or state community college; and that

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which has a secular purpose, so long as the receipt of state aid

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by students at the institution would not have the primary effect

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of advancing or impeding religion or result in an excessive

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entanglement between the state and any religious sect. Any

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independent college or university that was eligible to receive

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tuition vouchers on January 1, 1989, and that which continues to

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meet the criteria under which its eligibility was established,

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shall remain eligible to receive William L. Boyd, IV, Florida

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resident access grant payments.

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     (4)  A person is eligible to receive such William L. Boyd,

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IV, Florida resident access grant if:

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     (a)  He or she meets the general requirements, including

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residency, for student eligibility as provided in s. 1009.40,

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except as otherwise provided in this section; and

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     (b)1.  He or she is enrolled as a full-time undergraduate

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student at an eligible college or university;

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     2.  He or she is not enrolled in a program of study leading

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to a degree in theology or divinity; and

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     3. He or she maintains a cumulative grade point average of

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at least 2.25 on a 4.0 scale and earns 12 hours of academic

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credit for each semester, or the equivalent for each quarter,

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that he or she receives an award; is making satisfactory academic

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progress as defined by the college or university in which he or

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she is enrolled.

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     4. He or she files with the department information

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concerning financial need on a form approved by the department;

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and

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     5. He or she demonstrates unmet financial need at the

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institution where he or she is enrolled.

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     (5)(a)  Funding for the William L. Boyd, IV, Florida

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Resident Access Grant Program shall be based on a formula

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composed of planned enrollment and the state cost of funding

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undergraduate enrollment at public institutions pursuant to s.

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1011.90. The amount of the William L. Boyd, IV, Florida resident

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access grant issued to a full-time student shall be an amount as

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specified in the General Appropriations Act. The William L. Boyd,

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IV, Florida resident access grant may be paid on a prorated basis

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in advance of the registration period. The department shall make

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such payments to the college or university in which the student

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is enrolled for credit to the student's account for payment of

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tuition and fees. Institutions shall certify to the department

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

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the department any undisbursed advances or refunds within 60 days

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of the end of regular registration. Each institution shall

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annually remit to the department the amount of the grant expended

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under this program for each student who failed to maintain a

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cumulative grade point average of at least 2.25 on a 4.0 scale or

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who failed to earn 12 hours of academic credit for each semester,

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or the equivalent for each quarter, that he or she received an

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award. Students shall not be eligible to receive the award for

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more than 8 9 semesters or an equivalent number of 14 quarters,

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except as otherwise provided in s. 1009.40(3).

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     (b)  If the combined amount of the William L. Boyd, IV,

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Florida resident access grant issued pursuant to this act and all

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other scholarships and grants for tuition or fees exceeds the

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amount charged to the student for tuition and fees, the

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department shall reduce the William L. Boyd, IV, Florida resident

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access grant issued pursuant to this act by an amount equal to

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such excess.

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     (6)  If the number of eligible students exceeds the total

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authorized in the General Appropriations Act, an institution may

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use its own resources to assure that each eligible student

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receives the full benefit of the grant amount authorized.

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     Section 2.  Section 1009.891, Florida Statutes, is amended

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to read:

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     1009.891  The Access to Better Learning and Education Grant

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Program.--

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     (1)  The Legislature finds and declares that independent

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for-profit colleges and universities eligible to participate in

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the Access to Better Learning and Education Grant Program are an

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integral part of the higher education system in this state and

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that a significant number of state residents choose this form of

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higher education. The Legislature further finds that strong,

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viable independent for-profit colleges and universities reduce

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the tax burden on the residents of the state. Because The Access

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to Better Learning and Education Grant Program is not related to

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a student's financial need or other criteria upon which financial

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aid programs are based, it is the intent of the Legislature that

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the Access to Better Learning and Education Grant Program not be

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considered a financial aid program but rather a tuition

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assistance program for state residents.

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     (2)  The Access to Better Learning and Education Grant

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Program shall be administered by the Department of Education. The

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State Board of Education shall adopt rules for administering the

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program.

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     (3)  The department shall issue an access grant to any full-

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time student seeking a baccalaureate degree who is registered at

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a for-profit college or university that is located in and

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chartered by the state and that is accredited by the Commission

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on Colleges of the Southern Association of Colleges and Schools

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or who is registered at a nonprofit college or university that is

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chartered out of the state, that has been located in the state

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for 10 years or more, and that is accredited by the Commission on

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Colleges of the Southern Association of Colleges and Schools, the

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Middle States Association of Colleges and Schools, the North

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Central Association of Colleges and Schools, or the New England

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Association of Colleges and Schools; that grants baccalaureate

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degrees; that is not a state university or state community

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college; and that has a secular purpose, if the receipt of state

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aid by students at the institution would not have the primary

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effect of advancing or impeding religion or result in an

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excessive entanglement between the state and any religious sect.

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Institutions eligible for the Access to Better Learning and

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Education Grant Program in the initial year of funding shall

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include only those for-profit colleges or universities identified

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in this subsection. Nonprofit colleges or universities identified

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in this subsection shall be eligible for financial support in the

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second year of funding.

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     (4)  A person is eligible to receive an access grant if:

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     (a)  He or she meets the general requirements, including

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residency, for student eligibility as provided in s. 1009.40,

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except as otherwise provided in this section; and

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     (b)1.  He or she is enrolled as a full-time undergraduate

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student at an eligible college or university in a program of

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study leading to a baccalaureate degree;

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     2.  He or she is not enrolled in a program of study leading

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to a degree in theology or divinity; and

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     3. He or she maintains a cumulative grade point average of

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at least 2.25 on a 4.0 scale and earns 12 hours of academic

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credit for each semester, or the equivalent for each quarter,

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that he or she receives an award; is making satisfactory academic

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progress as defined by the college or university in which he or

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she is enrolled.

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     4. He or she files with the department information

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concerning financial need on a form approved by the department;

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and

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     5. He or she demonstrates unmet financial need at the

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institution where he or she is enrolled.

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     (5)(a)  The amount of the access grant issued to a full-time

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student shall be an amount specified in the General

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Appropriations Act. The access grant may be paid on a prorated

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basis in advance of the registration period. The department shall

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make payments to the college or university in which the student

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is enrolled for credit to the student's account for payment of

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tuition and fees. Institutions shall certify to the department

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

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the department any undisbursed advances or refunds within 60 days

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after the end of regular registration. Each institution shall

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annually remit to the department the amount of tuition assistance

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expended under this program for each student who failed to

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maintain a cumulative grade point average of at least 2.25 on a

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4.0 scale or who failed to earn 12 hours of academic credit for

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each semester, or the equivalent for each quarter, that he or she

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received an award. A student may not receive the award for more

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than 8 9 semesters or an equivalent number of 14 quarters, except

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as otherwise provided in s. 1009.40(3).

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     (b)  If the combined amount of the access grant issued

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pursuant to this section and all other scholarships and grants

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for tuition or fees exceeds the amount charged to the student for

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tuition and fees, the department shall reduce the grant issued

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under this section by an amount equal to the excess.

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     (6)  If the number of eligible students exceeds the total

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authorized in the General Appropriations Act, an institution may

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use its own resources to assure that each eligible student

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receives the full benefit of the grant amount authorized.

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     (7)  This section shall be implemented only to the extent

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specifically funded and authorized by law.

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     Section 3.  This act shall take effect upon becoming a law.

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