Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. SB 346
117926
Senate
Comm: RCS
3/26/2008
.
.
.
.
.
House
1
The Committee on Higher Education (Ring) recommended the
2
following amendment:
3
4
Senate Amendment (with title amendment)
5
Delete everything after the enacting clause
6
and insert:
7
Section 1. Section 1009.893, Florida Statutes, is created
8
to read:
9
1009.893 Sure Futures Postgraduate Scholarship
10
Program.--The "Sure Futures Postgraduate Scholarship Program" or
11
"Sure Futures Degreed Program" is created for the purpose of
12
establishing a scholarship program to match private-sector
13
businesses that need employees having advanced degrees with
14
students seeking advanced degrees and employment. The goals of
15
the program are to provide for a more highly educated workforce
16
by offering students greater academic and financial access to the
17
pursuit of advanced degrees in areas of critical need and to
18
recruit and retain Florida's best and brightest graduate students
19
by offering them comprehensive financial assistance for education
20
pursuits and potential employment with the private-sector
21
businesses that have indicated their willingness to enter into
22
partnerships in the program.
23
Section 2. Section 1009.894, Florida Statutes, is created
24
to read:
25
1009.894 The Sure Futures Foundation.--
26
(1) The Legislature finds that there exists in Florida a
27
labor shortage of employees who have received postgraduate
28
degrees in areas identified by the Board of Governors in its 10-
29
year strategic plan. The Legislature further finds that there is
30
a critical need for the state to ensure that this state's
31
students have increased access to postgraduate education
32
opportunities in the state, that businesses relocate or remain
33
active in this state, thus contributing to the economic success
34
and viability of this state, and that a qualified and highly
35
educated workforce is available and willing to seek employment
36
with such businesses. Further, both private and public
37
universities in this state can play a vital role in ensuring that
38
students are given incentives to remain in the Florida education
39
system and seek postgraduate degrees by offering financial
40
incentives and diversity in education programs that contribute to
41
filling the critical needs of private businesses in Florida. The
42
Legislature recognizes that the United States Armed Forces have
43
been extremely successful for many decades in recruiting and
44
retaining exceptional students through scholarships in the
45
reserve officer training corps (ROTC) programs resulting in the
46
requirement of a minimum 4-year service commitment from program
47
graduates who are trained in and assigned to critical career
48
fields. Lastly, the Legislature desires to model a workforce-
49
development program in this state which is similar to the proven
50
armed forces ROTC programs in an effort to promote, recruit, and
51
retain a qualified workforce to meet the demands of this state
52
and its businesses.
53
(2) As used in this section, the term:
54
(a) "Sure Futures scholar" or "scholar" means a student
55
admitted into at least one postgraduate program within the 16
56
identified areas of critical need identified by the Board of
57
Governors in its most recent 10-year strategic plan.
58
(b) "Sure Futures sponsor" or "sponsor" means a
59
corporation, partnership, limited liability company, sole
60
proprietor, or other business entity participating in the Sure
61
Futures Postgraduate Scholarship Program through scholarship
62
endowment contributions and commitments to offering employment
63
and entering into employment contracts with Sure Futures
64
scholars.
65
(3) The "Sure Futures Foundation," hereinafter referred to
66
as "foundation," is established and shall seek designation under
67
s. 501(c)(3) of the Internal Revenue Code. The foundation shall
68
be governed by the Sure Futures Foundation Board, which shall
69
administer the Sure Futures Postgraduate Scholarship Program with
70
guidance from the Board of Governors and the State Board of
71
Education. Duties of the foundation board shall include, but not
72
be limited to:
73
(a) Adoption of policies and procedures for implementation
74
of the program, including approval of sponsors and the
75
scholarship criteria of such sponsors.
76
(b) Establishment of a process for approval of printed and
77
electronic materials, marketing, and advertising.
78
(c) Establishment of a process and procedure for matching
79
sponsors with scholars at the inception of the scholar's
80
postgraduate curriculum.
81
(d) Establishment and maintenance, when applicable, of the
82
foundation's student loans.
83
(4) The board of the foundation shall be comprised of the
84
following members:
85
(a) The Commissioner of Education, as an ex officio member.
86
(b) The chair of the Board of Governors, as an ex officio
87
member.
88
(c) Four state university presidents selected by the State
89
University Presidents' Association, who shall serve 2-year terms.
90
(d) Four sponsors participating in the program, recommended
91
by the Commissioner of Education and selected by the Governor,
92
who shall serve 2-year terms.
93
(e) One graduate student recommended by the Commissioner of
94
Education and selected by the Governor, who shall serve a 1-year
95
term.
96
97
The Commissioner of Education, the chair of the Board of
98
Governors, the university presidents, or any of the sponsors may
99
designate a specific individual to represent him or her at
100
foundation board meetings. The foundation board members shall
101
serve without compensation, but are entitled to receive
102
reimbursement for travel and per diem expenses incurred in the
103
performance of their duties in accordance with s. 112.061. The
104
Florida State University shall provide operational management and
105
administrative support to the foundation.
106
(5)(a) The following students are eligible as candidates
107
for a Sure Futures Postgraduate Scholarship and thereby eligible
108
to obtain a list of sponsors and the graduate degree programs for
109
which such sponsors are seeking candidates:
110
1. A student in his or her senior year who is an
111
undergraduate student at a state university or a private college
112
or university in the state.
113
2. A student in his or her senior year who is an
114
undergraduate student at an out-of-state college or university
115
but who would otherwise qualify as a resident for purposes of in-
116
state tuition if otherwise attending a state university.
117
3. A graduate of a state university or a private college or
118
university in the state who, within 12 months of graduation,
119
intends to pursue a graduate degree program at a state
120
university.
121
(b) A student shall apply, using a standard application
122
form, through the program to the Sure Futures Foundation for
123
designated Sure-Futures-degreed programs at each state university
124
to which the student has been admitted into a postgraduate
125
program. A predetermined limit shall be established by the
126
foundation board for the maximum number of applications a student
127
may submit in a given scholarship cycle.
128
(c) After the initial candidate screening and interview
129
phase, a student selected to be offered a Sure Futures
130
Postgraduate Scholarship shall be matched by the Sure Futures
131
Foundation with a sponsor. The student and the sponsor shall sign
132
a contract whereby the student agrees to borrow scholarship funds
133
through the program, with a waiver-of-payment provision if a 4-
134
year employment obligation is completed, and the sponsor is
135
required to provide a defined 4-year employment position in the
136
state. For each year that the student is enrolled full-time as a
137
graduate student, the scholarship shall cover tuition, fees, and
138
books for the degree program; health insurance with an option for
139
the scholar to purchase additional coverage to buy a family plan
140
for dependents; and room and board based on the university
141
dormitory and meal plan rate.
142
(d) A student must maintain a minimum grade point average
143
as determined by the sponsor.
144
(e) If a student is unable to take a full load of
145
coursework during a summer semester, the student may be required
146
by the sponsor to participate in an internship program.
147
(f) Upon graduation with an advanced degree, a graduate
148
shall begin working for the sponsor and must remain employed in
149
this state by the sponsor for a minimum of 4 years as stipulated
150
in the contract.
151
(g) If a student fails to maintain the required grade point
152
average or the graduate terminates his or her employment before
153
completing the 4-year obligation, a prorated portion of the
154
scholarship shall convert to a low-interest loan administered by
155
the Sure Futures Foundation.
156
(h) The contract signed by the sponsor and the student
157
shall clearly state the terms of the loan the company's
158
expectations for the scholar's performance, employment
159
requirements, and potential legal remedies if the terms and
160
conditions of the contract are not met. The terms of such
161
contract shall include as a condition of the scholar accepting a
162
match with a particular sponsor noncompetition, nonsolicitation,
163
and nondisclosure provisions as required by the sponsor for up to
164
4 years following the scholar's completion of the postgraduate
165
degree requirements.
166
(6)(a) A sponsor desiring new employees having advanced
167
degrees shall make a monetary contribution to the program in
168
amounts equal to 50 percent of the total scholarship funds
169
necessary for completion of an eligible degree program pursuant
170
to this section from which it wishes to draw students, plus an
171
additional 3 percent per year for the degree program for the Sure
172
Future Foundation to cover administrative costs of the Sure
173
Futures Postgraduate Scholarship Program. Contributions shall be
174
made in one lump-sum payment before the student begins
175
postgraduate coursework. Such funds shall be matched by the state
176
under its matching program as provided in s. 1011.94(2) and
177
(3)(b)5. A sponsor may contribute one or more scholarships, but
178
must offer employment in Florida for each scholar to which the
179
sponsor is matched for the 4-year contracted employment period.
180
(b) A sponsor may establish terms of sponsorship,
181
including, but not limited to, the degree sought, minimum grade
182
point average, and requirements regarding extracurricular
183
activities.
184
(c) A sponsor may select the state universities at which
185
students may enroll or it may allow its scholarships to be
186
available for study at any state university.
187
(d) If a sponsor terminates a scholarship employee for
188
reasons other than malfeasance, misfeasance, or nonfeasance
189
before the employee completes the 4-year obligation, the employee
190
is not required to repay the scholarship. A sponsor is encouraged
191
to establish protocols to retain an employee before his or her
192
termination.
193
(7)(a) On behalf of the foundation, the Office of Student
194
Financial Assistance of the Department of Education shall
195
establish a central database of sponsors, the graduate degree
196
programs for which the sponsors are seeking candidates, and
197
student applicants and their profiles. For purposes of this
198
section, the foundation, in consultation with the office, shall
199
establish a standard application for use by all state
200
universities.
201
(b) On an annual basis, the Department of Education shall
202
establish the amount necessary to cover the costs for degree
203
programs for which sponsors may make contributions and receive
204
tax credits pursuant to this section.
205
(8) Prepared documentation and electronic information
206
regarding the program shall be made available through the
207
appropriate office at each state university. As deemed
208
appropriate by its administration, a state university may provide
209
additional information or activities, such as providing one-on-
210
one discussions with advisors, conducting seminars on the
211
program, or working with companies in its service area to create
212
scholarships through the program.
213
(9) State agencies, local workforce boards, chambers of
214
commerce, and Enterprise Florida, Inc., shall promote sponsor and
215
student participation in the program.
216
(10) The Department of Education shall adopt rules
217
necessary to administer this section, including rules
218
establishing application forms.
219
Section 3. There is appropriated in the form of a non-
220
interest loan from nonrecurring general revenue a sum not to
221
exceed $300,000 to the Sure Futures Foundation to pay for costs
222
associated with establishing and administering the foundation and
223
the Sure Futures Postgraduate Scholarship Program. Such
224
appropriation shall be repaid by the foundation on or before
225
December 31, 2010.
226
Section 4. This act shall take effect July 1, 2008.
227
228
================ T I T L E A M E N D M E N T ================
229
And the title is amended as follows:
230
Delete everything before the enacting clause
231
and insert:
232
A bill to be entitled
233
An act relating to student financial assistance; creating
234
s. 1009.893, F.S.; creating the Sure Futures Postgraduate
235
Scholarship Program; providing purposes and goals for the
236
program; creating s. 1009.894, F.S.; providing legislative
237
findings; providing definitions; establishing the Sure
238
Futures Foundation and a foundation board to administer
239
the program; providing for membership of the board;
240
providing duties of the board; providing eligibility
241
criteria for participation in the program by students and
242
sponsors; providing procedures for application to the
243
program; providing procedures for the selection of
244
participants; providing benefits provided to students
245
selected to participate in the program; providing
246
requirements for such students; requiring that a
247
participating student who graduates with an advanced
248
degree remain employed by his or her sponsor in this state
249
for a specified period; providing that a prorated portion
250
of the scholarship shall convert to a low-interest loan
251
under certain conditions; requiring that sponsors and
252
students participating in the program enter into a
253
contract; requiring that such contract contain certain
254
terms; requiring that a sponsor make a specified monetary
255
contribution for scholarships; requiring that a sponsor
256
make a specified additional contribution per year to cover
257
administrative costs of the program; authorizing sponsors
258
to establish terms of sponsorship and specify specific
259
universities at which a student must enroll to receive
260
sponsorship; relieving an employee for his or her
261
obligations under a contract of sponsorship under certain
262
conditions; requiring that the Office of Student Financial
263
Assistance of the Department of Education establish a
264
database containing certain information; requiring that
265
the foundation establish a standard application form;
266
requiring that the Department of Education annually
267
establish the amount necessary to cover certain costs;
268
requiring that state universities make available certain
269
information regarding the program; requiring that certain
270
entities promote participation in the program; requiring
271
that the Department of Education adopt rules; providing an
272
appropriation; providing an effective date.
3/25/2008 8:45:00 AM 32-05639-08
CODING: Words stricken are deletions; words underlined are additions.