Florida Senate - 2009 SB 158 By Senator Ring 32-00038-09 2009158__ 1 A bill to be entitled 2 An act relating to student financial assistance; 3 creating s. 1009.893, F.S.; creating the Sure Futures 4 Postgraduate Scholarship Program; providing purposes 5 and goals for the program; creating s. 1009.894, F.S.; 6 providing legislative findings; providing definitions; 7 establishing the Sure Futures Foundation and a 8 foundation board to administer the program; providing 9 for membership of the board; providing duties of the 10 board; providing eligibility criteria for 11 participation in the program by students and sponsors; 12 providing procedures for application to the program; 13 providing procedures for the selection of 14 participants; providing benefits to students selected 15 to participate in the program; providing requirements 16 for such students; requiring that a participating 17 student who graduates with an advanced degree remain 18 employed by his or her sponsor in this state for a 19 specified period; requiring that a prorated portion of 20 the scholarship convert to a low-interest loan under 21 certain conditions; requiring that sponsors and 22 students participating in the program enter into a 23 contract; requiring that such contract contain certain 24 terms; requiring that a sponsor make a specified 25 monetary contribution for scholarships; requiring that 26 a sponsor make a specified additional contribution per 27 year to cover administrative costs of the program; 28 authorizing sponsors to establish terms of sponsorship 29 and specify specific universities at which a student 30 must enroll in order to receive sponsorship; relieving 31 an employee for his or her obligations under a 32 contract of sponsorship under certain conditions; 33 requiring that the Office of Student Financial 34 Assistance of the Department of Education establish a 35 database containing certain information; requiring 36 that the foundation establish a standard application 37 form; requiring that the Department of Education 38 annually establish the amount necessary to cover 39 certain costs; requiring that state universities make 40 available certain information regarding the program; 41 requiring that certain entities promote participation 42 in the program; requiring that the Department of 43 Education adopt rules; providing an appropriation; 44 providing an effective date. 45 46 Be It Enacted by the Legislature of the State of Florida: 47 48 Section 1. Section 1009.893, Florida Statutes, is created 49 to read: 50 1009.893 Sure Futures Postgraduate Scholarship Program.—The 51 Sure Futures Postgraduate Scholarship Program is created for the 52 purpose of establishing a scholarship program to match private 53 sector businesses that need employees having advanced degrees 54 with students seeking advanced degrees and employment. The goals 55 of the program are to provide for a more highly educated 56 workforce by offering students greater academic and financial 57 access to the pursuit of advanced degrees in areas of critical 58 need and to recruit and retain the state's best and brightest 59 graduate students by offering them comprehensive financial 60 assistance for educational pursuits and potential employment 61 with the private-sector businesses that have indicated their 62 willingness to enter into partnerships in the program. 63 Section 2. Section 1009.894, Florida Statutes, is created 64 to read: 65 1009.894 The Sure Futures Foundation.— 66 (1) The Legislature finds that there exists in Florida a 67 labor shortage of employees who have received postgraduate 68 degrees in areas identified by the Board of Governors in its 10 69 year strategic plan. The Legislature further finds that there is 70 a critical need for the state to ensure that this state's 71 students have increased access to postgraduate education 72 opportunities in the state; that businesses relocate or remain 73 active in this state, thus contributing to the economic success 74 and viability of this state; and that a qualified and highly 75 educated workforce is available and willing to seek employment 76 with such businesses. Further, public universities in this state 77 can play a vital role in ensuring that students are given 78 incentives to remain in the state education system and seek 79 postgraduate degrees by offering financial incentives and 80 diversity in education programs that contribute to filling the 81 critical needs of private businesses in Florida. The Legislature 82 recognizes that the United States Armed Forces have been 83 extremely successful for many decades in recruiting and 84 retaining exceptional students through scholarships in the 85 reserve officer training corps (ROTC) programs resulting in the 86 requirement of a minimum 4-year service commitment from program 87 graduates who are trained in and assigned to critical career 88 fields. Lastly, the Legislature desires to establish a 89 workforce-development program in this state which is similar to 90 the proven Armed Forces ROTC programs in an effort to promote, 91 recruit, and retain a qualified workforce to meet the demands of 92 this state and its businesses. 93 (2) As used in this section, the term: 94 (a) “Sure Futures scholar” or “scholar” means a student 95 admitted into at least one postgraduate program within the 16 96 identified areas of critical need identified by the Board of 97 Governors in its most recent 10-year strategic plan. 98 (b) “Sure Futures sponsor” or “sponsor” means a 99 corporation, partnership, limited liability company, sole 100 proprietor, or other business entity participating in the Sure 101 Futures Postgraduate Scholarship Program through scholarship 102 endowment contributions and commitments to offering employment 103 and entering into employment contracts with Sure Futures 104 scholars. 105 (3) The “Sure Futures Foundation,” hereinafter referred to 106 as “foundation,” is established and shall seek designation under 107 s. 501(c)(3) of the Internal Revenue Code. The foundation shall 108 be governed by the Sure Futures Foundation Board, which shall 109 administer the Sure Futures Postgraduate Scholarship Program 110 with guidance from the Board of Governors and the State Board of 111 Education. Duties of the foundation board include, but are not 112 limited to: 113 (a) Adoption of policies and procedures for implementing 114 the program, including approving sponsors and the scholarship 115 criteria of such sponsors. 116 (b) Establishment of a process for approving printed and 117 electronic materials, marketing, and advertising. 118 (c) Establishment of a process and procedure for matching 119 sponsors with scholars at the inception of the scholar's 120 postgraduate program. 121 (d) Establishment and maintenance, when applicable, of the 122 foundation's student loans. 123 (4) The board of the foundation shall be comprised of: 124 (a) The Commissioner of Education, as an ex officio member. 125 (b) The chair of the Board of Governors, as an ex officio 126 member. 127 (c) Four state university presidents selected by the State 128 University Presidents' Association, who shall be appointed to 2 129 year terms. 130 (d) Four sponsors participating in the program, recommended 131 by the Commissioner of Education and selected by the Governor, 132 who shall be appointed to 2-year terms. 133 (e) One graduate student recommended by the Commissioner of 134 Education and selected by the Governor, who shall be appointed 135 to a 1-year term. 136 The Commissioner of Education, the chair of the Board of 137 Governors, the university presidents, or any of the sponsors may 138 designate a specific individual to represent him or her at 139 foundation board meetings. The foundation board members shall 140 serve without compensation, but are entitled to reimbursement 141 for travel and per diem expenses incurred in the performance of 142 their duties in accordance with s. 112.061. The Institute of 143 Science and Public Affairs at Florida State University, as 144 created in s. 1004.58 and operating as Florida State University, 145 shall provide operational management and administrative and 146 support staff to the foundation. 147 (5)(a) The following students are eligible as candidates 148 for a Sure Futures Postgraduate Scholarship and thereby eligible 149 to obtain a list of sponsors and the graduate degree programs 150 for which such sponsors are seeking candidates: 151 1. A student in his or her senior year who is an 152 undergraduate student at a state university or a private college 153 or university in the state. 154 2. A student in his or her senior year who is an 155 undergraduate student at an out-of-state college or university 156 but who would otherwise qualify as a resident for purposes of 157 in-state tuition if otherwise attending a state university. 158 3. A graduate of a state university or a private college or 159 university in the state who, within 12 months following 160 graduation, intends to pursue a graduate degree program at a 161 state university. 162 (b) A student shall apply, using a standard application 163 form, to the Sure Futures Foundation for designated Sure 164 Futures-degreed programs at each state university to which the 165 student has been admitted into a postgraduate program. A 166 predetermined limit shall be established by the foundation board 167 for the maximum number of applications a student may submit in a 168 given scholarship cycle. 169 (c) After the initial candidate screening and interview 170 phase, a student selected to be offered a Sure Futures 171 Postgraduate Scholarship shall be matched by the Sure Futures 172 Foundation with a sponsor. The student and the sponsor shall 173 sign a contract whereby the student agrees to borrow scholarship 174 funds through the program, with a waiver-of-payment provision if 175 a 4-year employment obligation is completed, and the sponsor 176 agrees to provide a defined 4-year employment position in the 177 state. For each year that the student is enrolled full time as a 178 graduate student, the scholarship shall cover tuition, fees, and 179 books for the degree program; health insurance with an option 180 for the scholar to purchase additional coverage through a family 181 plan for dependents; and room and board based on the university 182 dormitory and meal-plan rate. 183 (d) A student must maintain a minimum grade point average 184 as determined by the sponsor. 185 (e) If a student is unable to take a full load of 186 coursework during a summer semester, the student may be required 187 by the sponsor to participate in an internship program. 188 (f) Upon graduation with an advanced degree, a graduate 189 shall begin working for the sponsor and must remain employed in 190 this state by the sponsor for a minimum of 4 years as stipulated 191 in the contract. 192 (g) If a student fails to maintain the required grade point 193 average or the graduate terminates his or her employment before 194 completing the 4-year obligation, a prorated portion of the 195 scholarship shall convert to a low-interest loan administered by 196 the Sure Futures Foundation. 197 (h) The contract signed by the sponsor and the student must 198 clearly state the terms of the loan, the company's expectations 199 for the scholar's performance, employment requirements, and 200 potential legal remedies if the terms and conditions of the 201 contract are not met. The terms of such contract must include as 202 a condition of the scholar accepting a match with a particular 203 sponsor noncompetition, nonsolicitation, and nondisclosure 204 provisions as required by the sponsor for up to 4 years 205 following the scholar's completion of the postgraduate degree 206 requirements. 207 (6)(a) A sponsor desiring new employees having advanced 208 degrees shall make a monetary contribution to the program in 209 amounts equal to 50 percent of the total scholarship funds 210 necessary for completing an eligible degree program pursuant to 211 this section from which it wishes to draw students, plus an 212 additional 3 percent per year for the degree program for the 213 Sure Future Foundation to cover administrative costs of the Sure 214 Futures Postgraduate Scholarship Program. Contributions shall be 215 made in one lump-sum payment before the student begins 216 postgraduate coursework. Such funds shall be matched by the 217 state under its matching program as provided in s. 1011.94(2) 218 and (3)(b)5. A sponsor may contribute one or more scholarships, 219 but must offer employment in Florida for each scholar to which 220 the sponsor is matched for the 4-year contracted employment 221 period. 222 (b) A sponsor may establish terms of sponsorship, 223 including, but not limited to, the degree sought, minimum grade 224 point average, and requirements regarding extracurricular 225 activities. 226 (c) A sponsor may select the state universities at which 227 students may enroll or it may allow its scholarships to be 228 available for study at any state university. 229 (d) If a sponsor terminates a scholarship employee for 230 reasons other than malfeasance, misfeasance, or nonfeasance 231 before the employee completes the 4-year obligation, the 232 employee is not required to repay the scholarship. A sponsor is 233 encouraged to establish protocols to retain an employee before 234 his or her termination. 235 (7)(a) On behalf of the foundation, the Office of Student 236 Financial Assistance of the Department of Education shall 237 establish a central database of sponsors, the graduate degree 238 programs for which the sponsors are seeking candidates, and 239 student applicants and their profiles. For purposes of this 240 section, the foundation, in consultation with the office, shall 241 establish a standard application for use by all state 242 universities. 243 (b) On an annual basis, the Department of Education shall 244 establish the amount necessary to cover the costs for degree 245 programs for which sponsors may make contributions pursuant to 246 this section. 247 (8) Prepared documentation and electronic information 248 regarding the program shall be made available through the 249 appropriate office at each state university. As deemed 250 appropriate by its administration, a state university may 251 provide additional information or activities, such as providing 252 one-on-one discussions with advisors, conducting seminars on the 253 program, or working with companies in its service area to create 254 scholarships through the program. 255 (9) State agencies, local workforce boards, chambers of 256 commerce, and Enterprise Florida, Inc., are strongly encouraged 257 to promote participation in the program by sponsors and 258 students. 259 (10) The Department of Education shall adopt rules to 260 administer this section, including rules establishing 261 application forms. 262 Section 3. There is appropriated in the form of a non 263 interest loan from nonrecurring general revenue a sum not to 264 exceed $300,000 to the Sure Futures Foundation to pay for costs 265 associated with establishing and administering the foundation 266 and the Sure Futures Postgraduate Scholarship Program. Such 267 appropriation shall be repaid by the foundation on or before 268 December 31, 2011. 269 Section 4. This act shall take effect July 1, 2009.