CS/HB 5009

1	A bill to be entitled
2	An act relating to postsecondary education funding;
3	amending s. 1009.21, F.S., relating to determination of
4	resident status for tuition purposes; revising
5	definitions; revising provisions relating to qualification
6	as a resident for tuition purposes; providing for
7	reclassification of status; providing duties of
8	institutions of higher education; amending s. 1009.24,
9	F.S.; revising maximum annual adjustments to out-of-state
10	fees or tuition for graduate programs at state
11	universities; amending s. 1009.53, F.S., relating to the
12	Florida Bright Futures Scholarship Program; revising
13	provisions relating to a refund to the Department of
14	Education of funds received by a postsecondary educational
15	institution for certain courses; prohibiting the use of
16	funds for certain purposes; requiring the department and
17	institutions to notify students of certain information;
18	amending s. 1009.532, F.S., relating to the Florida Bright
19	Futures Scholarship Program; revising credit-hour
20	requirements for renewal of a scholarship; providing for
21	restoration of eligibility; requiring the department and
22	institutions to notify students of certain information;
23	amending s. 1009.55, F.S.; limiting eligibility for the
24	Rosewood Family Scholarship Program to direct descendants;
25	deleting obsolete language; amending ss. 1009.57, 1009.58,
26	1009.59, and 1009.60, F.S.; revising provisions relating
27	to the Florida Teacher Scholarship and Forgivable Loan
28	Program, the Critical Teacher Shortage Tuition
29	Reimbursement Program, the Critical Teacher Shortage
30	Student Loan Forgiveness Program, and the Minority Teacher
31	Education Scholars Program; requiring that the amount of
32	awards under such programs be prorated based on available
33	appropriations and not exceed specified amounts; amending
34	s. 1009.605, F.S.; requiring the Florida Fund for Minority
35	Teachers, Inc., to submit a report on scholarship
36	recipients and remit undistributed funds to the Department
37	of Education; amending s. 1009.701, F.S.; requiring
38	applicants under the First Generation Matching Grant
39	Program to meet specified eligibility requirements;
40	amending s. 1009.94, F.S.; providing reporting
41	requirements for postsecondary institutions participating
42	in certain state student financial assistance programs;
43	amending s. 1009.98, F.S.; authorizing the Florida Prepaid
44	College Board to provide advance payment contracts based
45	on specific increments usable toward an associate or
46	baccalaureate degree; providing definitions; providing for
47	payments on behalf of qualified beneficiaries with
48	contracts purchased prior to July 1, 2009; providing for
49	increases in payments; providing an exemption from the
50	payment of certain fees; requiring evaluation of the
51	actuarial soundness of the Florida Prepaid College Trust
52	Fund; creating s. 1011.521, F.S.; authorizing
53	appropriations to private colleges and universities for
54	specified uses; providing reporting requirements and
55	restrictions on expenditures; repealing ss. 1009.76 and
56	1009.765, F.S., relating to Ethics in Business
57	scholarships; amending s. 1009.40, F.S.; deleting a cross-
58	reference to conform; providing an exemption from
59	requirements relating to revenue bonds and debt for the
60	rental of space within a specified public health facility;
61	providing an effective date.
62
63	Be It Enacted by the Legislature of the State of Florida:
64
65	Section 1.  Section 1009.21, Florida Statutes, is amended
66	to read:
67	1009.21  Determination of resident status for tuition
68	purposes.--Students shall be classified as residents or
69	nonresidents for the purpose of assessing tuition in community
70	colleges and state universities.
71	(1)  As used in this section, the term:
72	(a)  The term "Dependent child" means any person, whether
73	or not living with his or her parent, who is eligible to be
74	claimed by his or her parent as a dependent under the federal
75	income tax code.
76	(b)  "Initial enrollment" means the first day of class at
77	an institution of higher education.
78	(c)(b)  The term "Institution of higher education" means
79	any public community college as defined in s. 1000.21(3) or
80	state university as defined in s. 1000.21(6).
81	(d)(c)  A "Legal resident" or "resident" means is a person
82	who has maintained his or her residence in this state for the
83	preceding year, has purchased a home which is occupied by him or
84	her as his or her residence, or has established a domicile in
85	this state pursuant to s. 222.17.
86	(e)  "Nonresident for tuition purposes" means a person who
87	does not qualify for the in-state tuition rate.
88	(f)(d)  The term "Parent" means the natural or adoptive
89	parent or legal guardian of a dependent child.
90	(g)(e)  A "Resident for tuition purposes" means is a person
91	who qualifies as provided in subsection (2) for the in-state
92	tuition rate; a "nonresident for tuition purposes" is a person
93	who does not qualify for the in-state tuition rate.
94	(2)(a)  To qualify as a resident for tuition purposes:
95	1.  A person or, if that person is a dependent child, his
96	or her parent or parents must have established legal residence
97	in this state and must have maintained legal residence in this
98	state for at least 12 consecutive months immediately prior to
99	his or her initial enrollment in an institution of higher
100	education qualification. Legal residence must be established by
101	written or electronic verification that includes two or more of
102	the following Florida documents that demonstrate clear and
103	convincing evidence of continuous residence in the state for at
104	least 12 consecutive months prior to the student's initial
105	enrollment in an institution of higher education: a voter
106	information card pursuant to s. 97.071; a driver's license; an
107	identification card issued by the state; a vehicle registration;
108	a declaration of domicile; proof of purchase of a permanent
109	home; proof of a homestead exemption in the state; a transcript
110	from a Florida high school; a Florida high school equivalency
111	diploma and transcript; proof of permanent full-time employment;
112	proof of 12 consecutive months of payment of utility bills; a
113	domicile lease and proof of 12 consecutive months of payments;
114	or other official state or court documents evidencing legal ties
115	to the state. No single piece of evidence shall be conclusive.
116	2.  Every applicant for admission to an institution of
117	higher education shall be required to make a statement as to his
118	or her length of residence in the state and, further, shall
119	establish that his or her presence or, if the applicant is a
120	dependent child, the presence of his or her parent or parents in
121	the state currently is, and during the requisite 12-month
122	qualifying period was, for the purpose of maintaining a bona
123	fide domicile, rather than for the purpose of maintaining a mere
124	temporary residence or abode incident to enrollment in an
125	institution of higher education.
126	(b)  However, with respect to a dependent child living with
127	an adult relative other than the child's parent, such child may
128	qualify as a resident for tuition purposes if the adult relative
129	is a legal resident who has maintained legal residence in this
130	state for at least 12 consecutive months immediately prior to
131	the child's initial enrollment in an institution of higher
132	education qualification, provided the child has resided
133	continuously with such relative for the 5 years immediately
134	prior to the child's initial enrollment in an institution of
135	higher education qualification, during which time the adult
136	relative has exercised day-to-day care, supervision, and control
137	of the child.
138	(c)  The legal residence of a dependent child whose parents
139	are divorced, separated, or otherwise living apart will be
140	deemed to be this state if either parent is a legal resident of
141	this state, regardless of which parent is entitled to claim, and
142	does in fact claim, the minor as a dependent pursuant to federal
143	individual income tax provisions.
144	(d)  A person who is classified as a nonresident for
145	tuition purposes may become eligible for reclassification as a
146	resident for tuition purposes if that person or, if that person
147	is a dependent child, his or her parent presents clear and
148	convincing evidence that supports permanent residency in this
149	state rather than temporary residency for the purpose of
150	pursuing an education, such as documentation of full-time
151	permanent employment for the prior 12 months or the purchase of
152	a home in this state and residence therein for the prior 12
153	months while not enrolled in an institution of higher education.
154	If a person who is a dependent child and his or her parent move
155	to this state while such child is a high school student and the
156	child graduates from a high school in this state, the child may
157	become eligible for reclassification as a resident for tuition
158	purposes when the parent qualifies for permanent residency.
159	(3)(a)  An individual shall not be classified as a resident
160	for tuition purposes and, thus, shall not be eligible to receive
161	the in-state tuition rate until he or she has provided such
162	evidence related to legal residence and its duration or, if that
163	individual is a dependent child, documentation of his or her
164	parent's legal residence and its duration, as well as
165	documentation confirming his or her status as a dependent child,
166	as may be required by law and by officials of the institution of
167	higher education from which he or she seeks the in-state tuition
168	rate. The documentation shall provide clear and convincing
169	evidence that residency in this state was for a minimum of 12
170	consecutive months prior to the student's initial enrollment in
171	an institution of higher education. No single piece of evidence
172	shall be conclusive.
173	(b)  Each institution of higher learning shall:
174	1.  Determine whether an applicant who has been granted
175	admission to that institution is a dependent child.
176	2.  Affirmatively determine that an applicant who has been
177	granted admission to that institution as a Florida resident
178	meets the residency requirements of this section at the time of
179	initial enrollment.
180	(4)  With respect to a dependent child, the legal residence
181	of the dependent child's such individual's parent or parents is
182	prima facie evidence of the dependent child's individual's legal
183	residence, which evidence may be reinforced or rebutted,
184	relative to the age and general circumstances of the dependent
185	child individual, by the other evidence of legal residence
186	required of or presented by the dependent child individual.
187	However, the legal residence of a dependent child's an
188	individual whose parent or parents who are domiciled outside
189	this state is not prima facie evidence of the dependent child's
190	individual's legal residence if that dependent child individual
191	has lived in this state for 5 consecutive years prior to
192	enrolling or reregistering at the institution of higher
193	education at which resident status for tuition purposes is
194	sought.
195	(5)  In making a domiciliary determination related to the
196	classification of a person as a resident or nonresident for
197	tuition purposes, the domicile of a married person, irrespective
198	of sex, shall be determined, as in the case of an unmarried
199	person, by reference to all relevant evidence of domiciliary
200	intent. For the purposes of this section:
201	(a)  A person shall not be precluded from establishing or
202	maintaining legal residence in this state and subsequently
203	qualifying or continuing to qualify as a resident for tuition
204	purposes solely by reason of marriage to a person domiciled
205	outside this state, even when that person's spouse continues to
206	be domiciled outside of this state, provided such person
207	maintains his or her legal residence in this state.
208	(b)  A person shall not be deemed to have established or
209	maintained a legal residence in this state and subsequently to
210	have qualified or continued to qualify as a resident for tuition
211	purposes solely by reason of marriage to a person domiciled in
212	this state.
213	(c)  In determining the domicile of a married person,
214	irrespective of sex, the fact of the marriage and the place of
215	domicile of such person's spouse shall be deemed relevant
216	evidence to be considered in ascertaining domiciliary intent.
217	(6)  Any nonresident person, irrespective of sex, who
218	marries a legal resident of this state or marries a person who
219	later becomes a legal resident may, upon becoming a legal
220	resident of this state, accede to the benefit of the spouse's
221	immediately precedent duration as a legal resident for purposes
222	of satisfying the 12-month durational requirement of this
223	section.
224	(7)  A person shall not lose his or her resident status for
225	tuition purposes solely by reason of serving, or, if such person
226	is a dependent child, by reason of his or her parent's or
227	parents' serving, in the Armed Forces outside this state.
228	(8)  A person who has been properly classified as a
229	resident for tuition purposes but who, while enrolled in an
230	institution of higher education in this state, loses his or her
231	resident tuition status because the person or, if he or she is a
232	dependent child, the person's parent or parents establish
233	domicile or legal residence elsewhere shall continue to enjoy
234	the in-state tuition rate for a statutory grace period, which
235	period shall be measured from the date on which the
236	circumstances arose that culminated in the loss of resident
237	tuition status and shall continue for 12 months. However, if the
238	12-month grace period ends during a semester or academic term
239	for which such former resident is enrolled, such grace period
240	shall be extended to the end of that semester or academic term.
241	(9)  Any person who ceases to be enrolled at or who
242	graduates from an institution of higher education while
243	classified as a resident for tuition purposes and who
244	subsequently abandons his or her domicile in this state shall be
245	permitted to reenroll at an institution of higher education in
246	this state as a resident for tuition purposes without the
247	necessity of meeting the 12-month durational requirement of this
248	section if that person has reestablished his or her domicile in
249	this state within 12 months of such abandonment and continuously
250	maintains the reestablished domicile during the period of
251	enrollment. The benefit of this subsection shall not be accorded
252	more than once to any one person.
253	(10)  The following persons shall be classified as
254	residents for tuition purposes:
255	(a)  Active duty members of the Armed Services of the
256	United States residing or stationed in this state, their
257	spouses, and dependent children, and active members of the
258	Florida National Guard who qualify under s. 250.10(7) and (8)
259	for the tuition assistance program.
260	(b)  Active duty members of the Armed Services of the
261	United States and their spouses and dependents attending a
262	public community college or state university within 50 miles of
263	the military establishment where they are stationed, if such
264	military establishment is within a county contiguous to Florida.
265	(c)  United States citizens living on the Isthmus of
266	Panama, who have completed 12 consecutive months of college work
267	at the Florida State University Panama Canal Branch, and their
268	spouses and dependent children.
269	(d)  Full-time instructional and administrative personnel
270	employed by state public schools, community colleges, and
271	institutions of higher education, as defined in s. 1000.04, and
272	their spouses and dependent children.
273	(e)  Students from Latin America and the Caribbean who
274	receive scholarships from the federal or state government. Any
275	student classified pursuant to this paragraph shall attend, on a
276	full-time basis, a Florida institution of higher education.
277	(f)  Southern Regional Education Board's Academic Common
278	Market graduate students attending Florida's state universities.
279	(g)  Full-time employees of state agencies or political
280	subdivisions of the state when the student fees are paid by the
281	state agency or political subdivision for the purpose of job-
282	related law enforcement or corrections training.
283	(h)  McKnight Doctoral Fellows and Finalists who are United
284	States citizens.
285	(i)  United States citizens living outside the United
286	States who are teaching at a Department of Defense Dependent
287	School or in an American International School and who enroll in
288	a graduate level education program which leads to a Florida
289	teaching certificate.
290	(j)  Active duty members of the Canadian military residing
291	or stationed in this state under the North American Air Defense
292	(NORAD) agreement, and their spouses and dependent children,
293	attending a community college or state university within 50
294	miles of the military establishment where they are stationed.
295	(k)  Active duty members of a foreign nation's military who
296	are serving as liaison officers and are residing or stationed in
297	this state, and their spouses and dependent children, attending
298	a community college or state university within 50 miles of the
299	military establishment where the foreign liaison officer is
300	stationed.
301	(11)  The State Board of Education and the Board of
302	Governors shall adopt rules to implement this section.
303	Section 2.  Paragraph (c) of subsection (4) of section
304	1009.24, Florida Statutes, is amended to read:
305	1009.24  State university student fees.--
306	(4)
307	(c)  The Board of Governors, or the board's designee, may
308	establish tuition for graduate and professional programs, and
309	out-of-state fees for all programs. The sum of tuition and out-
310	of-state fees assessed to nonresident students must be
311	sufficient to offset the full instructional cost of serving such
312	students. However, adjustments to out-of-state fees or tuition
313	for graduate programs and pursuant to this section may not
314	exceed 10 percent in any year, and adjustments to out-of-state
315	fees or tuition for professional programs may not exceed 15
316	percent in any year.
317	Section 3.  Paragraph (a) of subsection (5) of section
318	1009.53, Florida Statutes, is amended, and subsection (11) is
319	added to that section, to read:
320	1009.53  Florida Bright Futures Scholarship Program.--
321	(5)  The department shall issue awards from the scholarship
322	program annually. Annual awards may be for up to 45 semester
323	credit hours or the equivalent. Before the registration period
324	each semester, the department shall transmit payment for each
325	award to the president or director of the postsecondary
326	education institution, or his or her representative, except that
327	the department may withhold payment if the receiving institution
328	fails to report or to make refunds to the department as required
329	in this section.
330	(a)  Within 30 days after the end of regular registration
331	each semester, the educational institution shall certify to the
332	department the eligibility status of each student who receives
333	an award. After the end of the drop and add period, an
334	institution is not required to reevaluate or revise a student's
335	eligibility status; however, an institution but must make a
336	refund to the department within 30 days after the end of the
337	semester of any funds received for courses dropped by students
338	after the end of the drop and add period or courses from which
339	students withdraw after the end of the drop and add period
340	unless a student has dropped or withdrawn from the course due to
341	a verifiable illness or other documented emergency if a student
342	who receives an award disbursement terminates enrollment for any
343	reason during an academic term and a refund is permitted by the
344	institution's refund policy.
345	(11)  Funds for any scholarship within the Florida Bright
346	Futures Scholarship Program may not be used to pay for courses
347	dropped after the end of the drop and add period or courses from
348	which students withdraw after the end of the drop and add period
349	except as otherwise provided in this section. The department
350	shall notify eligible recipients of the provisions of this
351	subsection. Each institution shall notify award recipients of
352	the provisions of this subsection during the registration
353	process.
354	Section 4.  Paragraph (a) of subsection (1) of section
355	1009.532, Florida Statutes, is amended to read:
356	1009.532  Florida Bright Futures Scholarship Program;
357	student eligibility requirements for renewal awards.--
358	(1)  To be eligible to renew a scholarship from any of the
359	three types of scholarships under the Florida Bright Futures
360	Scholarship Program, a student must:
361	(a)  Effective with students funded in the 2009-2010
362	academic year and thereafter, earn complete at least 24 12
363	semester credit hours or the equivalent in the last academic
364	year in which the student earned a scholarship if the student
365	was enrolled full time or earn a prorated number of credit hours
366	as determined by the Department of Education if the student was
367	enrolled less than full time for any part of the academic year.
368	If a student fails to earn the minimum number of hours required
369	to renew the scholarship, the student shall lose his or her
370	eligibility for renewal for a period equivalent to one academic
371	year. The student is eligible to restore the award the following
372	academic year if the student earns the hours for which the
373	student was enrolled at the level defined by the department and
374	meets the grade point average for renewal. A student is eligible
375	for such a restoration one time. The department shall notify
376	eligible recipients of the requirements of this paragraph. Each
377	institution shall notify award recipients of the requirements of
378	this paragraph during the registration process.
379	Section 5.  Subsection (1) and paragraph (c) of subsection
380	(2) of section 1009.55, Florida Statutes, are amended to read:
381	1009.55  Rosewood Family Scholarship Program.--
382	(1)  There is created a Rosewood Family Scholarship Program
383	for minority persons with preference given to the direct
384	descendants of the Rosewood families, not to exceed 25
385	scholarships per year. Funds appropriated by the Legislature for
386	the program shall be deposited in the State Student Financial
387	Assistance Trust Fund.
388	(2)  The Rosewood Family Scholarship Program shall be
389	administered by the Department of Education. The State Board of
390	Education shall adopt rules for administering this program which
391	shall at a minimum provide for the following:
392	(c)  The department shall rank eligible initial applicants
393	for the purposes of awarding scholarships with preference being
394	given to the direct descendants of the Rosewood families. The
395	remaining applicants shall be ranked based on need as determined
396	by the Department of Education.
397	Section 6.  Paragraph (b) of subsection (2) and paragraphs
398	(b) and (c) of subsection (3) of section 1009.57, Florida
399	Statutes, is amended to read:
400	1009.57  Florida Teacher Scholarship and Forgivable Loan
401	Program.--
402	(2)  Within the Florida Teacher Scholarship and Forgivable
403	Loan Program shall be established the "Chappie" James Most
404	Promising Teacher Scholarship which shall be offered to a top
405	graduating senior from each public secondary school in the
406	state. An additional number of "Chappie" James Most Promising
407	Teacher Scholarship awards shall be offered annually to
408	graduating seniors from private secondary schools in the state
409	which are listed with the Department of Education and accredited
410	by the Southern Association of Colleges and Schools or any other
411	private statewide accrediting agency which makes public its
412	standards, procedures, and member schools. The private secondary
413	schools shall be in compliance with regulations of the Office
414	for Civil Rights. The number of awards to private secondary
415	school students shall be proportional to the number of awards
416	available to public secondary school students and shall be
417	calculated as the ratio of the number of private to public
418	secondary school seniors in the state multiplied by the number
419	of public secondary schools in the state.
420	(b)  The amount of the scholarship shall be prorated based
421	on available appropriations and may not exceed is $1,500 per
422	year. The scholarship and may be renewed for 1 year if the
423	student earns a 2.5 cumulative grade point average and 12 credit
424	hours per term and meets the eligibility requirements for
425	renewal of the award.
426	(3)
427	(b)  An undergraduate forgivable loan may be awarded for 2
428	undergraduate years, not to exceed $4,000 per year, or for a
429	maximum of 3 years for programs requiring a fifth year of
430	instruction to obtain initial teaching certification. The amount
431	of the undergraduate forgivable loan shall be prorated based on
432	available appropriations and may not exceed $4,000 per year.
433	(c)  A graduate forgivable loan may be awarded for 2
434	graduate years. The amount of the graduate forgivable loan shall
435	be prorated based on available appropriations and may, not to
436	exceed $8,000 per year. In addition to meeting criteria
437	specified in paragraph (a), a loan recipient at the graduate
438	level shall:
439	1.  Hold a bachelor's degree from any college or university
440	accredited by a regional accrediting association as defined by
441	State Board of Education rule.
442	2.  Not already hold a teaching certificate resulting from
443	an undergraduate degree in education in an area of critical
444	teacher shortage as designated by the State Board of Education.
445	3.  Not have received an undergraduate forgivable loan as
446	provided for in paragraph (b).
447	Section 7.  Subsection (3) of section 1009.58, Florida
448	Statutes, is amended to read:
449	1009.58  Critical teacher shortage tuition reimbursement
450	program.--
451	(3)  Participants may receive tuition reimbursement
452	payments for up to 9 semester hours, or the equivalent in
453	quarter hours, per year. The amount of the reimbursement per
454	semester hour shall be prorated based on available
455	appropriations and may not, at a rate not to exceed $78 per
456	semester hour, up to a total of 36 semester hours. All tuition
457	reimbursements shall be contingent on passing an approved course
458	with a minimum grade of 3.0 or its equivalent.
459	Section 8.  Subsection (2) of section 1009.59, Florida
460	Statutes, is amended to read:
461	1009.59  Critical Teacher Shortage Student Loan Forgiveness
462	Program.--
463	(2)  From the funds available, The Department of Education
464	may make loan principal repayments, which shall be prorated
465	based on available appropriations as follows:
466	(a)  Up to $2,500 a year for up to 4 years on behalf of
467	selected graduates of state-approved undergraduate postsecondary
468	teacher preparation programs, persons certified to teach
469	pursuant to any applicable teacher certification requirements,
470	or selected teacher preparation graduates from any state
471	participating in the Interstate Agreement on the Qualification
472	of Educational Personnel.
473	(b)  Up to $5,000 a year for up to 2 years on behalf of
474	selected graduates of state-approved graduate postsecondary
475	teacher preparation programs, persons with graduate degrees
476	certified to teach pursuant to any applicable teacher
477	certification requirements, or selected teacher preparation
478	graduates from any state participating in the Interstate
479	Agreement on the Qualification of Educational Personnel.
480	(c)  All repayments shall be contingent on continued proof
481	of employment in the designated subject areas in this state and
482	shall be made directly to the holder of the loan. The state
483	shall not bear responsibility for the collection of any interest
484	charges or other remaining balance. In the event that designated
485	critical teacher shortage subject areas are changed by the State
486	Board of Education, a teacher shall continue to be eligible for
487	loan forgiveness as long as he or she continues to teach in the
488	subject area for which the original loan repayment was made and
489	otherwise meets all conditions of eligibility.
490	Section 9.  Subsections (1) and (3) of section 1009.60,
491	Florida Statutes, are amended to read:
492	1009.60  Minority teacher education scholars
493	program.--There is created the minority teacher education
494	scholars program, which is a collaborative performance-based
495	scholarship program for African-American, Hispanic-American,
496	Asian-American, and Native American students. The participants
497	in the program include Florida's community colleges and its
498	public and private universities that have teacher education
499	programs.
500	(1)  The minority teacher education scholars program shall
501	provide an annual scholarship in an amount that shall be
502	prorated based on available appropriations and may not exceed of
503	$4,000 for each approved minority teacher education scholar who
504	is enrolled in one of Florida's public or private universities
505	in the junior year and is admitted into a teacher education
506	program.
507	(3)  The total amount appropriated annually for new
508	scholarships in the program must be divided by $4,000 and by the
509	number of participating colleges and universities. Each
510	participating institution has access to the same number of
511	scholarships and may award all of them to eligible minority
512	students. If a college or university does not award all of its
513	scholarships by the date set by the program administration at
514	the Florida Fund for Minority Teachers, Inc., the remaining
515	scholarships must be transferred to another institution that has
516	eligible students. If the total amount appropriated for new
517	scholarships is insufficient to award $4,000 to each eligible
518	student, the amount of the scholarship shall be prorated based
519	on available appropriations.
520	Section 10.  Subsection (2) of section 1009.605, Florida
521	Statutes, is amended to read:
522	1009.605  Florida Fund for Minority Teachers, Inc.--
523	(2)(a)  The corporation shall submit an annual budget
524	projection to the Department of Education to be included in the
525	annual legislative budget request. The projection must be based
526	on a 7-year plan that would be capable of awarding the following
527	schedule of scholarships:
528	1.(a)  In the initial year, 700 scholarships of $4,000 each
529	to scholars in the junior year of college.
530	2.(b)  In the second year, 350 scholarships to new scholars
531	in their junior year and 700 renewal scholarships to the rising
532	seniors.
533	3.(c)  In each succeeding year, 350 scholarships to new
534	scholars in the junior year and renewal scholarships to the 350
535	rising seniors.
536	(b)  The corporation shall report to the Department of
537	Education, by the date established by the department, the
538	eligible students to whom scholarship moneys are disbursed each
539	academic term and any other information requested by the
540	department in accordance with s. 1009.94. Within 60 days after
541	the end of each fiscal year, the corporation shall remit to the
542	department any appropriated funds that were not distributed for
543	scholarships, less the 5 percent for administration, including
544	administration of the required training program, authorized
545	pursuant to subsection (3).
546	Section 11.  Paragraph (e) of subsection (5) of section
547	1009.701, Florida Statutes, is amended to read:
548	1009.701  First Generation Matching Grant Program.--
549	(5)  In order to be eligible to receive a grant pursuant to
550	this section, an applicant must:
551	(e)  Have met the eligibility requirements in s. 1009.50
552	for demonstrated financial need for the Florida Public Student
553	Assistance Grant Program by completing the Free Application for
554	Federal Student Aid.
555	Section 12.  Subsections (2) and (3) of section 1009.94,
556	Florida Statutes, are amended to read:
557	1009.94  Student financial assistance database.--
558	(2)  For purposes of this section, financial assistance
559	includes:
560	(a)  For all students, any scholarship, grant, loan, fee
561	waiver, tuition assistance payment, or other form of
562	compensation provided from state or federal funds.
563	(b)  For students attending public institutions, any
564	scholarship, grant, loan, fee waiver, tuition assistance
565	payment, or other form of compensation supported by
566	institutional funds.
567	(c)  Any financial assistance provided under s. 1009.50, s.
568	1009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s.
569	1009.55, s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s.
570	1009.63, s. 1009.68, s. 1009.70, s. 1009.701, s. 1009.72, s.
571	1009.73, s. 1009.74, s. 1009.77, s. 1009.89, or s. 1009.891.
572	(3)  The database must include records on any student
573	receiving any form of financial assistance as described in
574	subsection (2). Each institution Institutions participating in
575	any state financial assistance program under paragraph (2)(c)
576	shall annually report submit such information to the Department
577	of Education, by the date and in a format prescribed by the
578	department and consistent with the provisions of s. 1002.22, the
579	eligible students to whom financial assistance is disbursed each
580	academic term, the eligibility requirements for recipients, and
581	the aggregate demographics of recipients.
582	Section 13.  Paragraphs (a), (b), and (c) of subsection (2)
583	of section 1009.98, Florida Statutes, are amended, and
584	subsection (10) is added to that section, to read:
585	1009.98  Stanley G. Tate Florida Prepaid College Program.--
586	(2)  PREPAID COLLEGE PLANS.--At a minimum, the board shall
587	make advance payment contracts available for two independent
588	plans to be known as the community college plan and the
589	university plan. The board may also make advance payment
590	contracts available for a dormitory residence plan. The board
591	may restrict the number of participants in the community college
592	plan, university plan, and dormitory residence plan,
593	respectively. However, any person denied participation solely on
594	the basis of such restriction shall be granted priority for
595	participation during the succeeding year.
596	(a)1.  Through the community college plan, the advance
597	payment contract may shall provide prepaid registration fees for
598	a specified number of undergraduate semester credit hours not to
599	exceed the average number of hours required for the conference
600	of an associate degree. Qualified beneficiaries shall bear the
601	cost of any laboratory fees associated with enrollment in
602	specific courses. Each qualified beneficiary shall be classified
603	as a resident for tuition purposes, pursuant to s. 1009.21,
604	regardless of his or her actual legal residence.
605	2.  Effective July 1, 1998, the board may provide advance
606	payment contracts for additional fees delineated in s. 1009.23,
607	not to exceed the average number of hours required for the
608	conference of an associate degree, in conjunction with advance
609	payment contracts for registration fees. Community college plan
610	contracts purchased prior to July 1, 1998, shall be limited to
611	the payment of registration fees as defined in s. 1009.97.
612	3.  Effective July 1, 2009, the board may provide an
613	advance payment contract for the community college plan covering
614	prepaid registration fees and the additional fees delineated in
615	s. 1009.23. Such a contract may be offered in specific
616	increments usable toward an associate degree. The total number
617	of hours purchased for a qualified beneficiary may not exceed
618	the average number of hours required for the conference of an
619	associate degree.
620	(b)1.  Through the university plan, the advance payment
621	contract may shall provide prepaid registration fees for a
622	specified number of undergraduate semester credit hours not to
623	exceed the average number of hours required for the conference
624	of a baccalaureate degree. Qualified beneficiaries shall bear
625	the cost of any laboratory fees associated with enrollment in
626	specific courses. Each qualified beneficiary shall be classified
627	as a resident for tuition purposes pursuant to s. 1009.21,
628	regardless of his or her actual legal residence.
629	2.  Effective July 1, 1998, the board may provide advance
630	payment contracts for additional fees delineated in s.
631	1009.24(9)-(12), for a specified number of undergraduate
632	semester credit hours not to exceed the average number of hours
633	required for the conference of a baccalaureate degree, in
634	conjunction with advance payment contracts for registration
635	fees. Such contracts shall provide prepaid coverage for the sum
636	of such fees, to a maximum of 45 percent of the cost of
637	registration fees. University plan contracts purchased prior to
638	July 1, 1998, shall be limited to the payment of registration
639	fees as defined in s. 1009.97.
640	3.  Effective July 1, 2007, the board may provide advance
641	payment contracts for the tuition differential authorized in s.
642	1009.24(16) for a specified number of undergraduate semester
643	credit hours, which may not exceed the average number of hours
644	required for the conference of a baccalaureate degree, in
645	conjunction with advance payment contracts for registration
646	fees.
647	4.  Effective July 1, 2009, the board may provide an
648	advance payment contract for the university plan covering
649	prepaid registration fees, the additional fees delineated in s.
650	1009.24(9)-(12), and the tuition differential authorized in s.
651	1009.24(16). Such a contract may be offered in specific
652	increments usable toward a baccalaureate degree. The total
653	number of hours purchased for a qualified beneficiary may not
654	exceed the average number of hours required for the conference
655	of a baccalaureate degree.
656	(c)  The cost of participation in contracts authorized
657	under paragraph (a) or paragraph (b) shall be based primarily on
658	the current and projected registration fees within the Florida
659	Community College System or the State University System,
660	respectively, that are included in the plan, the number of
661	credit hours or semesters included in the plan, and the number
662	of years expected to elapse between the purchase of the plan on
663	behalf of a qualified beneficiary and the exercise of the
664	benefits provided in the plan by such beneficiary.
665	(10)  PAYMENTS ON BEHALF OF QUALIFIED BENEFICIARIES.--
666	(a)  For the purposes of this subsection:
667	1.  "Actuarial reserve" means the amount by which the
668	expected value of the assets of the trust fund exceed the
669	expected value of the liabilities of the trust fund.
670	2.  "Fiscal year" means the state fiscal year pursuant to
671	s. 215.01.
672	3.  "Local fees" means the fees covered by an advance
673	payment contract provided pursuant to subparagraph (2)(b)2.
674	4.  "Tuition differential" means the fee covered by an
675	advance payment contract provided pursuant to subparagraph
676	(2)(b)3. The base rate for the tuition differential for fiscal
677	year 2012-2013 is established at $37.03 per credit hour. The
678	base rate for the tuition differential in subsequent years is
679	the amount paid by the board for the tuition differential for
680	the preceding year adjusted pursuant to subparagraph (b)2.
681	(b)  Effective with the 2009-2010 academic year and each
682	academic year thereafter and notwithstanding s. 1009.24, the
683	amount paid by the board to any state university on behalf of a
684	qualified beneficiary of an advance payment contract whose
685	contract was purchased prior to July 1, 2009, shall be as
686	follows:
687	1.  As to registration fees, if the actuarial reserve is
688	less than 5 percent of the expected value of the liabilities of
689	the trust fund, the board shall pay the state universities 5.5
690	percent above the amount assessed for registration fees in the
691	preceding fiscal year. If the actuarial reserve is between 5
692	percent and 6 percent of the expected value of the liabilities
693	of the trust fund, the board shall pay the state universities 6
694	percent above the amount assessed for registration fees in the
695	preceding fiscal year. If the actuarial reserve is between 6
696	percent and 7.5 percent of the expected value of the liabilities
697	of the trust fund, the board shall pay the state universities
698	6.5 percent above the amount assessed for registration fees in
699	the preceding fiscal year. If the actuarial reserve is equal to
700	or greater than 7.5 percent of the expected liabilities of the
701	trust fund, the board shall pay the state universities 7 percent
702	above the amount assessed for registration fees in the preceding
703	fiscal year.
704	2.  As to the tuition differential, if the actuarial
705	reserve is less than 5 percent of the expected value of the
706	liabilities of the trust fund, the board shall pay the state
707	universities 5.5 percent above the base rate for the tuition
708	differential in the preceding fiscal year. If the actuarial
709	reserve is between 5 percent and 6 percent of the expected value
710	of the liabilities of the trust fund, the board shall pay the
711	state universities 6 percent above the base rate for the tuition
712	differential in the preceding fiscal year. If the actuarial
713	reserve is between 6 percent and 7.5 percent of the expected
714	value of the liabilities of the trust fund, the board shall pay
715	the state universities 6.5 percent above the base rate for the
716	tuition differential in the preceding fiscal year. If the
717	actuarial reserve is equal to or greater than 7.5 percent of the
718	expected value of the liabilities of the trust fund, the board
719	shall pay the state universities 7 percent above the base rate
720	for the tuition differential in the preceding fiscal year.
721	Qualified beneficiaries of advance payment contracts purchased
722	prior to or on July 1, 2007, shall be exempt from paying the
723	tuition differential.
724	3.  As to local fees, the board shall pay the state
725	universities 5 percent above the amount assessed for local fees
726	in the preceding fiscal year.
727	(c)  The board shall pay state universities the actual
728	amount assessed in accordance with law for registration fees and
729	the tuition differential for advance payment contracts purchased
730	on or after July 1, 2009.
731	(d)  The board shall annually evaluate or cause to be
732	evaluated the actuarial soundness of the trust fund.
733	Section 14.  Section 1011.521, Florida Statutes, is created
734	to read:
735	1011.521  Appropriation to private colleges and
736	universities.--
737	(1)  Subject to the provisions of this section, the
738	Legislature may provide an annual appropriation to support
739	Florida private colleges and universities. Such appropriations
740	may be used to provide access to Florida residents seeking a
741	postsecondary education, to fulfill the state's need for
742	graduates in specific disciplines, and to support medical
743	research.
744	(2)  Each institution receiving an appropriation under this
745	section shall submit a proposed expenditure plan to the
746	Department of Education by the date and in the format
747	established by the department.
748	(3)  By September 1 of each fiscal year, each institution
749	receiving an appropriation under this section shall submit a
750	report to the Department of Education detailing expenditures of
751	the funds received under this section in the preceding fiscal
752	year. Any funds used to provide financial assistance to students
753	shall be reported to the department in accordance with s.
754	1009.94.
755	(4)  An institution may not expend any of the funds
756	received under this section for the construction of any
757	buildings.
758	Section 15.  Sections 1009.76 and 1009.765, Florida
759	Statutes, are repealed.
760	Section 16.  Paragraph (a) of subsection (1) of section
761	1009.40, Florida Statutes, is amended to read:
762	1009.40  General requirements for student eligibility for
763	state financial aid awards and tuition assistance grants.--
764	(1)(a)  The general requirements for eligibility of
765	students for state financial aid awards and tuition assistance
766	grants consist of the following:
767	1.  Achievement of the academic requirements of and
768	acceptance at a state university or community college; a nursing
769	diploma school approved by the Florida Board of Nursing; a
770	Florida college, university, or community college which is
771	accredited by an accrediting agency recognized by the State
772	Board of Education; any Florida institution the credits of which
773	are acceptable for transfer to state universities; any career
774	center; or any private career institution accredited by an
775	accrediting agency recognized by the State Board of Education.
776	2.  Residency in this state for no less than 1 year
777	preceding the award of aid or a tuition assistance grant for a
778	program established pursuant to s. 1009.50, s. 1009.505, s.
779	1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s.
780	1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s.
781	1009.72, s. 1009.73, s. 1009.76, s. 1009.77, s. 1009.89, or s.
782	1009.891. Residency in this state must be for purposes other
783	than to obtain an education. Resident status for purposes of
784	receiving state financial aid awards shall be determined in the
785	same manner as resident status for tuition purposes pursuant to
786	s. 1009.21.
787	3.  Submission of certification attesting to the accuracy,
788	completeness, and correctness of information provided to
789	demonstrate a student's eligibility to receive state financial
790	aid awards or tuition assistance grants. Falsification of such
791	information shall result in the denial of any pending
792	application and revocation of any award or grant currently held
793	to the extent that no further payments shall be made.
794	Additionally, students who knowingly make false statements in
795	order to receive state financial aid awards or tuition
796	assistance grants commit a misdemeanor of the second degree
797	subject to the provisions of s. 837.06 and shall be required to
798	return all state financial aid awards or tuition assistance
799	grants wrongfully obtained.
800	Section 17.  Notwithstanding s. 1010.62, Florida Statutes,
801	revenue bonds may be secured by or made payable from lease
802	payments from the Miami-Dade County Health Department of the
803	Department of Health to Florida International University for
804	rental of space within Florida International University's public
805	health facility. The Legislature finds that such action is
806	consistent with the mission of the university. The financial
807	structure of any debt used to fund the public health facility
808	must be in conformity with the debt management guidelines of the
809	Board of Governors of the State University System and must be
810	approved by the Board of Governors pursuant to s. 1010.62,
811	Florida Statutes.
812	Section 18.  This act shall take effect July 1, 2009.

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