Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. SB 158 Barcode 112770 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/25/2009 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Higher Education (Smith) recommended the following: 1 Senate Amendment (with title amendment) 2 3 4 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 Scholarship Program. 10 (1) The Sure Futures Scholarship Program is created for the 11 purpose of matching private-sector businesses that need 12 employees in Florida who have advanced degrees with students who 13 are seeking advanced degrees and employment. The goals of the 14 program are to provide for a more highly educated workforce in 15 Florida by offering students financial support to pursue 16 advanced degrees in identified areas of critical need and 17 guaranteed employment in Florida with the private-sector 18 businesses that enter into sponsorships in the program. 19 (2) The Sure Futures Scholarship Program shall be 20 administered by the Board of Governors of the State University 21 System. The Board of Governors may enter into an agreement with 22 a state university or the Department of Education to provide 23 operational and administrative services for the program, 24 including, but not limited to, processing applications, 25 responding to sponsor letters of interest, disseminating 26 information about the program, facilitating student and sponsor 27 matches, managing contributions and state matching dollars, and 28 managing all components of the scholarship loan program. 29 (3) As used in this section, the term: 30 (a) "Eligible graduate program" means a graduate program in 31 an area of critical need identified by the Board of Governors in 32 the board's most recent strategic plan and offered by a state 33 university or private college or university located in this 34 state which is accredited by the Commission on Colleges of the 35 Southern Association of Colleges and Schools or the Accrediting 36 Council for Independent Colleges and Schools. An area of 37 critical need includes, but is not limited to, education, health 38 professions, engineering, life sciences, and economic 39 development sectors yielding high-wage or high-demand jobs. 40 (b) "Sure Futures scholar" or "scholar" means a student who 41 has been admitted to an eligible graduate program and who has 42 applied for and been selected to participate in the Sure Futures 43 Scholarship Program. 44 (c) "Sure Futures sponsor" or "sponsor" means a 45 corporation, partnership, limited liability company, sole 46 proprietor, or other private-sector business entity that 47 provides financial support and guaranteed employment 48 opportunities in Florida pursuant to the provisions of this 49 section. 50 (4)(a) The Sure Futures Scholarship Advisory Board is 51 established to make recommendations to the Board of Governors 52 regarding the implementation and operation of the program. 53 (b) The advisory board shall be comprised of the following 54 members: 55 1. The Chancellor of the State University System or the 56 chancellor's designee. 57 2. Three representatives from state universities appointed 58 by the chancellor, who shall serve 2-year terms. 59 3. Three representatives from businesses or industries 60 located in Florida appointed by the chancellor, who shall serve 61 2-year terms. 62 4. Two graduate students who are Sure Futures Scholars from 63 a state university appointed by the chancellor, who shall serve 64 1-year terms. 65 5. Three representatives from private universities 66 appointed by the Independent Colleges and Universities of 67 Florida. 68 6. Two graduate students who are Sure Futures Scholars 69 appointed by the Independent Colleges and Universities of 70 Florida. 71 7. One representative appointed by the Speaker of the 72 Florida House of Representatives. 73 8. One representative appointed by the President of the 74 Florida Senate. 75 (c) The advisory board shall: 76 1. Recommend policies and procedures for implementation and 77 operation of the program, including, but not limited to, an 78 application and matching process for students and employers 79 participating in the program. 80 2. Recommend policies and procedures for receiving, 81 processing, and managing program revenues, including 82 contributions from sponsors, repayments of scholarship loans, 83 and state matching dollars. 84 3. Recommend a process for approval of printed and 85 electronic materials, marketing, and advertising. 86 (5)(a) A student is eligible to apply to the Sure Futures 87 Scholarship Program and receive a list of sponsors and the 88 graduate degree programs for which such sponsors are seeking 89 potential scholars if the student has been admitted as a degree 90 seeking student in an eligible graduate program at a state 91 university or a private college or university in this state 92 which is accredited by the Commission on Colleges of the 93 Southern Association of Colleges and Schools or the Accrediting 94 Council for Independent Colleges and Schools and the student 95 qualifies as a resident for tuition purposes pursuant to s. 96 1009.21 or has received an undergraduate degree from a Florida 97 college or university. 98 (b) A student shall apply to the Board of Governors to 99 participate in the Sure Futures Scholarship Program using a 100 standard application form developed by the Board of Governors. 101 (c) To be eligible for selection as a Sure Futures Scholar, 102 a student must: 103 1. Be admitted as a degree-seeking student by an eligible 104 graduate program. 105 2. Be classified as a resident for tuition purposes 106 pursuant to s. 1009.21 at the time of initial enrollment in the 107 eligible graduate program or have obtained an undergraduate 108 degree from a Florida college or university. 109 3. Not be an existing employee of the sponsor with whom the 110 student is matched. 111 (6) An employer interested in participating in the Sure 112 Futures Scholarship Program shall submit a letter of interest to 113 the Board of Governors. At a minimum, the letter shall indicate 114 the level and subject matter of the degree program or programs 115 and the university or universities of interest to the employer. 116 The Board of Governors shall notify the employer of the graduate 117 programs that meet the interests of the employer, the eligible 118 state universities or private colleges or universities that 119 offer the programs, and the estimated costs of the programs. 120 (7) The Board of Governors shall review student 121 applications to match students and potential sponsors. The Board 122 of Governors shall notify each student applicant and potential 123 sponsor of the match or matches. Each potential sponsor is 124 responsible for interviewing the students and notifying the 125 Board of Governors of the student or students it wishes to 126 sponsor. The Board of Governors is responsible for determining 127 the final match of the sponsor and student. A match is not final 128 until the student has formally accepted an offer of admission to 129 an eligible graduate program that is acceptable to the potential 130 sponsor. 131 (8)(a) Once a match is finalized through the Board of 132 Governors, the student and the sponsor shall sign a contract 133 whereby the student agrees to a scholarship loan offered by the 134 sponsor, with a waiver-of-payment provision if a 4-year 135 employment obligation in Florida is completed, and the sponsor 136 agrees to provide a defined 4-year employment position in the 137 state. 138 (b) The contract signed by the sponsor and the scholar 139 shall clearly state the terms of the scholarship loan, the 140 sponsor's expectations for the scholar's performance, employment 141 requirements, and potential legal remedies if the terms and 142 conditions of the contract are not met. The contract shall 143 provide for repayment of the scholarship loan in accordance with 144 the provisions of subsection (11) if the scholar is unable to 145 complete all of the obligations of the contract and shall also 146 provide for the matching of a scholar to an alternate sponsor if 147 the original sponsor is unable to complete all of the 148 obligations of the contract. The terms of such contract shall 149 include, as a condition of the scholar accepting a match with a 150 particular sponsor, provisions for noncompetition, 151 nonsolicitation, and nondisclosure, as required by the sponsor, 152 for up to 4 years following the scholar's completion of the 153 graduate degree requirements. 154 1. For each year that the scholar is enrolled full-time as 155 a graduate student, the scholarship loan shall cover tuition, 156 fees, and books for the degree program; health insurance with an 157 option for the scholar to purchase additional coverage for 158 dependents; and room and board based on the university dormitory 159 and meal plan rate. 160 2. A sponsor may establish terms of sponsorship, including, 161 but not limited to, the degree sought, the university or 162 universities in which a scholar may enroll, minimum grade point 163 average and course load, and requirements regarding internships 164 and extracurricular activities. 165 3. Upon graduation, a scholar shall begin working for the 166 sponsor and must remain employed in this state by the sponsor 167 for a minimum of 4 years as stipulated in the contract. 168 4. If a sponsor terminates employment of a scholar without 169 cause before the scholar completes the 4-year obligation, the 170 scholar is not required to repay any portion of the scholarship 171 loan and may be matched with another sponsor to complete the 172 remaining 4-year contracted employment period. The sponsor and 173 the scholar shall inform the Board of Governors of the 174 termination. The sponsor shall not be reimbursed for any amount 175 paid to the Board of Governors as a sponsor that is made on 176 behalf of the scholar. 177 5. If a sponsor terminates employment of a scholar with 178 cause before the scholar completes the 4-year obligation, the 179 scholar is required to repay a prorated portion of the 180 scholarship loan in accordance with the provisions of subsection 181 (11). The sponsor and the scholar shall inform the Board of 182 Governors of the termination. 183 (9)(a) A sponsor shall make an initial monetary 184 contribution to the Board of Governors of at least 50 percent of 185 the total funds necessary to cover the costs identified in 186 subparagraph (8)(b)1. for the duration of the degree program 187 from which the sponsor wishes to draw students, plus an 188 additional monetary contribution per year to the Board of 189 Governors to cover administrative costs of the Sure Futures 190 Scholarship Program to be computed based on a pro-rata share of 191 the cost of one scholarship divided by the total number of 192 scholarships offered. Contributions shall be made to the Board 193 of Governors by a date specified in, and in accordance with, 194 guidelines prescribed by the Board of Governors. 195 (b) The first $300,000 in sponsor administrative fees shall 196 be used by the Board of Governors to pay start-up costs for 197 implementing the Sure Futures Scholarship Program. The program 198 shall be implemented to the extent that such fees are received 199 by the Board of Governors. Beginning July 1, 2009, and 200 continuing thereafter, sponsor contributions, except for the 201 administrative fee portion, are eligible to be matched by the 202 state on a dollar-for-dollar basis to the extent funds are 203 appropriated by the Legislature for this purpose. A sponsor may 204 support one or more scholarship loans and must offer employment 205 in Florida for each scholar with whom the sponsor is matched for 206 the 4-year contracted employment period. 207 (10) The Board of Governors shall establish and maintain a 208 central database with current information on student applicants 209 and their profiles, sponsors, the graduate degree programs for 210 which the sponsors are seeking scholars, the state universities 211 that offer such programs, and the costs of such programs for 212 purposes of determining the sponsor support required. 213 (11) The Board of Governors shall adopt by rule scholarship 214 loan terms, repayment schedules, and procedures for collection, 215 settlement, and charging off of delinquent unpaid and uncanceled 216 scholarship loan notes. A scholarship loan must be repaid within 217 10 years. 218 (a) Credit for repayment of a scholarship loan shall be in 219 an amount not to exceed 25 percent in loan principal plus 220 applicable accrued interest for each full year of employment 221 service. 222 (b) Unless the Sure Futures scholar has received full 223 credit for repayment, the scholar is responsible for repaying 224 the unwaived portion of the Sure Futures scholarship loan plus 225 accrued interest at 8 percent annually. The repayment shall be 226 deferred until the scholar has either become entitled to a full 227 waiver-of-payment or the scholar is no longer eligible for the 228 waiver-of-payment, in which event the amount owed will be based 229 on that portion of principal and accrued interest that was not 230 credited under the waiver-of-payment repayment provisions in 231 this section. 232 (c) Sure Futures scholars may receive scholarship loan 233 repayment credit when matched with another sponsor at any time 234 during the scheduled repayment period. The scholar shall receive 235 credit only for the remaining employment service provided for in 236 the terms of the initial employment contract. Further, such 237 repayment credit shall be applicable only to the current 238 principal and accrued interest balance that remains at the time 239 the repayment credit is earned. No scholar shall be reimbursed 240 for previous cash payments of principal and interest. 241 (12) Prepared documentation and electronic information 242 regarding the program shall be made available through the 243 appropriate office at each eligible private college or 244 university. As deemed appropriate by its administration, an 245 eligible private college or university may provide additional 246 information or activities, such as providing one-on-one 247 discussions with advisors, conducting seminars on the program, 248 or working with companies in its service area to create 249 scholarships through the program. 250 (13) State agencies, local workforce boards, chambers of 251 commerce, and Enterprise Florida, Inc., are strongly encouraged 252 to promote sponsor and scholar participation in the program. 253 (14) To the extent the funds contributed by a sponsor and 254 any matching funds provided by the state are not sufficient to 255 pay for the costs identified in subparagraph (8)(b)1., the state 256 university or private college or university eligible pursuant to 257 this act that enrolls the scholar may provide the difference in 258 cost through grants or waivers. 259 Section 2. This act shall take effect July 1, 2009. 260 261 ================= T I T L E A M E N D M E N T ================ 262 And the title is amended as follows: 263 Delete everything before the enacting clause 264 and insert: 265 A bill to be entitled 266 An act relating to student financial assistance; 267 creating s. 1009.893, F.S.; creating the Sure Futures 268 Scholarship Program; providing purposes and goals for 269 the program; providing for the Board of Governors of 270 the State University System to administer the program; 271 providing definitions; establishing the Sure Futures 272 Advisory Board; providing membership and duties of the 273 advisory board; providing eligibility criteria for 274 participation in the program by students and sponsors; 275 providing procedures for application to the program 276 and selection of participants; requiring that sponsors 277 and students participating in the program enter into a 278 contract and specifying certain terms; providing 279 benefits and requirements for students selected to 280 participate in the program; authorizing sponsors to 281 establish terms of sponsorship and specify 282 universities at which a student may enroll to receive 283 sponsorship; providing requirements if a sponsor 284 terminates a scholar; requiring that a participating 285 student who graduates with an advanced degree remain 286 employed by his or her sponsor in this state for a 287 specified period; requiring that a sponsor make 288 specified monetary contributions for the program; 289 providing for implementation of the program based on 290 fees received; providing for state matching of 291 contributions; requiring the Board of Governors to 292 establish a central database; providing requirements 293 relating to scholarship loans; providing for repayment 294 of a prorated portion of a scholarship loan if certain 295 obligations are not met; requiring that eligible 296 private colleges and universities make available 297 certain information regarding the program; encouraging 298 certain entities to promote participation in the 299 program; authorizing state universities or private 300 colleges and universities to provide grants or 301 waivers; providing an effective date.