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The Committee on Higher Education (Bennett) recommended the

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following substitute for amendment (393502):

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Section 1009.89, Florida Statutes , is amended

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to 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

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state and that a significant number of state residents choose

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this form of higher education. The Legislature further finds

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that a strong and viable system of independent nonprofit

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colleges and universities reduces the tax burden on the citizens

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of the state. Because the William L. Boyd, IV, Florida Resident

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Access Grant Program is not related to a student's financial

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need or other criteria upon which financial aid programs are

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based, it is the intent of the Legislature that the William L.

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Boyd, IV, Florida Resident Access Grant Program not be

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considered a financial aid program but rather a tuition

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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.

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The State Board of Education shall adopt rules for the

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administration 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

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

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by the Commission on Colleges of the Southern Association of

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Colleges and Schools; which grants baccalaureate degrees; that

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has a mean retention rate, based on data reported to the federal

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Integrated Postsecondary Education Data System, which is no more

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than two standard deviations below the mean retention rate for

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all public and private baccalaureate degree-granting

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institutions in the state; that which is not a state university

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or state community college; and that which has a secular

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purpose, so long as the receipt of state aid by students at the

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institution would not have the primary effect of advancing or

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impeding religion or result in an excessive entanglement between

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the state and any religious sect. Any independent college or

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university that was eligible to receive tuition vouchers on

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January 1, 1989, and that which continues to meet the criteria

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under which its eligibility was established, shall remain

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eligible to receive William L. Boyd, IV, Florida resident access

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grant payments. An institution that does not meet the required

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retention rate by July 1 of each year remains eligible for state

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funding to provide educational services to students for 3 years

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thereafter. Three consecutive years of retention rates lower

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than two standard deviations from the mean renders an

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institution ineligible to receive the Florida resident access

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grant. The institution remains ineligible until its annual

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retention rate is not lower than two standard deviations below

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the mean.

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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 is making satisfactory academic progress as

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defined by the college or university in which he or she is

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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.

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Boyd, IV, Florida resident access grant may be paid on a

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prorated basis in advance of the registration period. The

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department shall make such payments to the college or university

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in which the student is enrolled for credit to the student's

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account for payment of tuition and fees. Institutions shall

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certify to the department the amount of funds disbursed to each

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student and shall remit to the department any undisbursed

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advances or refunds within 60 days of the end of regular

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registration. Students shall not be eligible to receive the

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award for more than 9 semesters or 14 quarters, except as

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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

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all other scholarships and grants for tuition or fees exceeds

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the amount charged to the student for tuition and fees, the

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

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resident access grant issued pursuant to this act by an amount

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equal to 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

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financial aid programs are based, it is the intent of the

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Legislature that the Access to Better Learning and Education

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Grant Program not be considered a financial aid program but

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rather a tuition 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.

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The State Board of Education shall adopt rules for administering

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the program.

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

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full-time student seeking a baccalaureate degree who is

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registered at a for-profit college or university that is located

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

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Commission on Colleges of the Southern Association of Colleges

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and Schools or who is registered at a nonprofit college or

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university that is chartered out of the state, that has been

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located in the state for 10 years or more, and that is

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accredited by the Commission on Colleges of the Southern

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Association of Colleges and Schools, the Middle States

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Association of Colleges and Schools, the North Central

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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 has a mean retention rate, based on data reported

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to the federal Integrated Postsecondary Education Data System,

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which is no more than two standard deviations below the mean

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retention rate for all public and private baccalaureate degree-

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granting institutions in the state; that is not a state

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university or state community college; and that has a secular

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purpose, if the receipt of state aid by students at the

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institution would not have the primary effect of advancing or

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impeding religion or result in an excessive entanglement between

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the state and any religious sect. Institutions eligible for the

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Access to Better Learning and Education Grant Program in the

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initial year of funding shall include only those for-profit

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colleges or universities identified in this subsection.

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Nonprofit colleges or universities identified in this subsection

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shall be eligible for financial support in the second year of

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funding. An institution that does not meet the required

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retention rate on July 1 of each year, remains eligible for

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state funding to provide educational services to students for 3

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years thereafter. Three consecutive years of retention rates

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lower than two standard deviations from the mean renders an

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institution ineligible to receive the Access to Better Learning

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and Education grant. The institution remains ineligible until

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its annual retention rate is not lower than two standard

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deviations below the mean.

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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 is making satisfactory academic progress as

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defined by the college or university in which he or she is

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enrolled.

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

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time 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

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shall make payments to the college or university in which the

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

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payment of tuition and fees. Institutions shall certify to the

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department the amount of funds disbursed to each student and

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shall remit to the department any undisbursed advances or

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refunds within 60 days after the end of regular registration. A

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student may not receive the award for more than 9 semesters or

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14 quarters, except 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

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for tuition and fees, the department shall reduce the grant

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issued 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. For a student to be eligible to receive any

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state financial assistance, including tuition assistance, other

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than need-based aid, the state university or community college,

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as defined in chapter 1004, Florida Statutes, which the student

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is attending must have a mean retention rate, based on data

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reported to the federal Integrated Postsecondary Education Data

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System, which is no more than two standard deviations below the

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mean retention rate for all public and private degree-granting

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institutions in the state. An institution that does not meet the

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required retention rate on July 1 of each year remains eligible

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for state funding to provide educational services to students

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for 3 years thereafter. Three consecutive years of retention

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rates lower than two standard deviations from the mean renders

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an institution ineligible to receive such state financial

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assistance. The institution remains ineligible until its annual

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retention rate is not lower than two standard deviations below

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the mean.

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     Section 4.  This act shall take effect upon becoming a law.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to tuition assistance; amending ss.

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1009.89 and 1009.891, F.S.; requiring that a private

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university or college meet a specified retention rate by a

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certain date each year in order to participate in the

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

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or the Access to Better Learning and Education Grant

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Program; requiring a state university or college to meet

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such retention rate by a certain date each year in order

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to receive state financial assistance; providing that an

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institution remains eligible for state funding for a

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certain period of time after it does not meet the

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retention rate; providing that an institution that does

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not meet the annual retention rate for a consecutive

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number of years is ineligible to receive funds until the

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retention rate improves; providing an effective date.

2/19/2008  7:19:00 PM     589-04184-08