CS/HB 5009

1
A bill to be entitled
2An act relating to postsecondary education funding;
3amending s. 1009.21, F.S., relating to determination of
4resident status for tuition purposes; revising
5definitions; revising provisions relating to qualification
6as a resident for tuition purposes; providing for
7reclassification of status; providing duties of
8institutions of higher education; amending s. 1009.24,
9F.S.; revising maximum annual adjustments to out-of-state
10fees or tuition for graduate programs at state
11universities; amending s. 1009.53, F.S., relating to the
12Florida Bright Futures Scholarship Program; revising
13provisions relating to a refund to the Department of
14Education of funds received by a postsecondary educational
15institution for certain courses; prohibiting the use of
16funds for certain purposes; requiring the department and
17institutions to notify students of certain information;
18amending s. 1009.532, F.S., relating to the Florida Bright
19Futures Scholarship Program; revising credit-hour
20requirements for renewal of a scholarship; providing for
21restoration of eligibility; requiring the department and
22institutions to notify students of certain information;
23amending s. 1009.55, F.S.; limiting eligibility for the
24Rosewood Family Scholarship Program to direct descendants;
25deleting obsolete language; amending ss. 1009.57, 1009.58,
261009.59, and 1009.60, F.S.; revising provisions relating
27to the Florida Teacher Scholarship and Forgivable Loan
28Program, the Critical Teacher Shortage Tuition
29Reimbursement Program, the Critical Teacher Shortage
30Student Loan Forgiveness Program, and the Minority Teacher
31Education Scholars Program; requiring that the amount of
32awards under such programs be prorated based on available
33appropriations and not exceed specified amounts; amending
34s. 1009.605, F.S.; requiring the Florida Fund for Minority
35Teachers, Inc., to submit a report on scholarship
36recipients and remit undistributed funds to the Department
37of Education; amending s. 1009.701, F.S.; requiring
38applicants under the First Generation Matching Grant
39Program to meet specified eligibility requirements;
40amending s. 1009.94, F.S.; providing reporting
41requirements for postsecondary institutions participating
42in certain state student financial assistance programs;
43amending s. 1009.98, F.S.; authorizing the Florida Prepaid
44College Board to provide advance payment contracts based
45on specific increments usable toward an associate or
46baccalaureate degree; providing definitions; providing for
47payments on behalf of qualified beneficiaries with
48contracts purchased prior to July 1, 2009; providing for
49increases in payments; providing an exemption from the
50payment of certain fees; requiring evaluation of the
51actuarial soundness of the Florida Prepaid College Trust
52Fund; creating s. 1011.521, F.S.; authorizing
53appropriations to private colleges and universities for
54specified uses; providing reporting requirements and
55restrictions on expenditures; repealing ss. 1009.76 and
561009.765, F.S., relating to Ethics in Business
57scholarships; amending s. 1009.40, F.S.; deleting a cross-
58reference to conform; providing an exemption from
59requirements relating to revenue bonds and debt for the
60rental of space within a specified public health facility;
61providing an effective date.
62
63Be It Enacted by the Legislature of the State of Florida:
64
65     Section 1.  Section 1009.21, Florida Statutes, is amended
66to read:
67     1009.21  Determination of resident status for tuition
68purposes.--Students shall be classified as residents or
69nonresidents for the purpose of assessing tuition in community
70colleges and state universities.
71     (1)  As used in this section, the term:
72     (a)  The term "Dependent child" means any person, whether
73or not living with his or her parent, who is eligible to be
74claimed by his or her parent as a dependent under the federal
75income tax code.
76     (b)  "Initial enrollment" means the first day of class at
77an institution of higher education.
78     (c)(b)  The term "Institution of higher education" means
79any public community college as defined in s. 1000.21(3) or
80state university as defined in s. 1000.21(6).
81     (d)(c)  A "Legal resident" or "resident" means is a person
82who has maintained his or her residence in this state for the
83preceding year, has purchased a home which is occupied by him or
84her as his or her residence, or has established a domicile in
85this state pursuant to s. 222.17.
86     (e)  "Nonresident for tuition purposes" means a person who
87does not qualify for the in-state tuition rate.
88     (f)(d)  The term "Parent" means the natural or adoptive
89parent or legal guardian of a dependent child.
90     (g)(e)  A "Resident for tuition purposes" means is a person
91who qualifies as provided in subsection (2) for the in-state
92tuition rate; a "nonresident for tuition purposes" is a person
93who 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
96or her parent or parents must have established legal residence
97in this state and must have maintained legal residence in this
98state for at least 12 consecutive months immediately prior to
99his or her initial enrollment in an institution of higher
100education qualification. Legal residence must be established by
101written or electronic verification that includes two or more of
102the following Florida documents that demonstrate clear and
103convincing evidence of continuous residence in the state for at
104least 12 consecutive months prior to the student's initial
105enrollment in an institution of higher education: a voter
106information card pursuant to s. 97.071; a driver's license; an
107identification card issued by the state; a vehicle registration;
108a declaration of domicile; proof of purchase of a permanent
109home; proof of a homestead exemption in the state; a transcript
110from a Florida high school; a Florida high school equivalency
111diploma and transcript; proof of permanent full-time employment;
112proof of 12 consecutive months of payment of utility bills; a
113domicile lease and proof of 12 consecutive months of payments;
114or other official state or court documents evidencing legal ties
115to the state. No single piece of evidence shall be conclusive.
116     2.  Every applicant for admission to an institution of
117higher education shall be required to make a statement as to his
118or her length of residence in the state and, further, shall
119establish that his or her presence or, if the applicant is a
120dependent child, the presence of his or her parent or parents in
121the state currently is, and during the requisite 12-month
122qualifying period was, for the purpose of maintaining a bona
123fide domicile, rather than for the purpose of maintaining a mere
124temporary residence or abode incident to enrollment in an
125institution of higher education.
126     (b)  However, with respect to a dependent child living with
127an adult relative other than the child's parent, such child may
128qualify as a resident for tuition purposes if the adult relative
129is a legal resident who has maintained legal residence in this
130state for at least 12 consecutive months immediately prior to
131the child's initial enrollment in an institution of higher
132education qualification, provided the child has resided
133continuously with such relative for the 5 years immediately
134prior to the child's initial enrollment in an institution of
135higher education qualification, during which time the adult
136relative has exercised day-to-day care, supervision, and control
137of the child.
138     (c)  The legal residence of a dependent child whose parents
139are divorced, separated, or otherwise living apart will be
140deemed to be this state if either parent is a legal resident of
141this state, regardless of which parent is entitled to claim, and
142does in fact claim, the minor as a dependent pursuant to federal
143individual income tax provisions.
144     (d)  A person who is classified as a nonresident for
145tuition purposes may become eligible for reclassification as a
146resident for tuition purposes if that person or, if that person
147is a dependent child, his or her parent presents clear and
148convincing evidence that supports permanent residency in this
149state rather than temporary residency for the purpose of
150pursuing an education, such as documentation of full-time
151permanent employment for the prior 12 months or the purchase of
152a home in this state and residence therein for the prior 12
153months while not enrolled in an institution of higher education.
154If a person who is a dependent child and his or her parent move
155to this state while such child is a high school student and the
156child graduates from a high school in this state, the child may
157become eligible for reclassification as a resident for tuition
158purposes when the parent qualifies for permanent residency.
159     (3)(a)  An individual shall not be classified as a resident
160for tuition purposes and, thus, shall not be eligible to receive
161the in-state tuition rate until he or she has provided such
162evidence related to legal residence and its duration or, if that
163individual is a dependent child, documentation of his or her
164parent's legal residence and its duration, as well as
165documentation confirming his or her status as a dependent child,
166as may be required by law and by officials of the institution of
167higher education from which he or she seeks the in-state tuition
168rate. The documentation shall provide clear and convincing
169evidence that residency in this state was for a minimum of 12
170consecutive months prior to the student's initial enrollment in
171an institution of higher education. No single piece of evidence
172shall be conclusive.
173     (b)  Each institution of higher learning shall:
174     1.  Determine whether an applicant who has been granted
175admission to that institution is a dependent child.
176     2.  Affirmatively determine that an applicant who has been
177granted admission to that institution as a Florida resident
178meets the residency requirements of this section at the time of
179initial enrollment.
180     (4)  With respect to a dependent child, the legal residence
181of the dependent child's such individual's parent or parents is
182prima facie evidence of the dependent child's individual's legal
183residence, which evidence may be reinforced or rebutted,
184relative to the age and general circumstances of the dependent
185child individual, by the other evidence of legal residence
186required of or presented by the dependent child individual.
187However, the legal residence of a dependent child's an
188individual whose parent or parents who are domiciled outside
189this state is not prima facie evidence of the dependent child's
190individual's legal residence if that dependent child individual
191has lived in this state for 5 consecutive years prior to
192enrolling or reregistering at the institution of higher
193education at which resident status for tuition purposes is
194sought.
195     (5)  In making a domiciliary determination related to the
196classification of a person as a resident or nonresident for
197tuition purposes, the domicile of a married person, irrespective
198of sex, shall be determined, as in the case of an unmarried
199person, by reference to all relevant evidence of domiciliary
200intent. For the purposes of this section:
201     (a)  A person shall not be precluded from establishing or
202maintaining legal residence in this state and subsequently
203qualifying or continuing to qualify as a resident for tuition
204purposes solely by reason of marriage to a person domiciled
205outside this state, even when that person's spouse continues to
206be domiciled outside of this state, provided such person
207maintains his or her legal residence in this state.
208     (b)  A person shall not be deemed to have established or
209maintained a legal residence in this state and subsequently to
210have qualified or continued to qualify as a resident for tuition
211purposes solely by reason of marriage to a person domiciled in
212this state.
213     (c)  In determining the domicile of a married person,
214irrespective of sex, the fact of the marriage and the place of
215domicile of such person's spouse shall be deemed relevant
216evidence to be considered in ascertaining domiciliary intent.
217     (6)  Any nonresident person, irrespective of sex, who
218marries a legal resident of this state or marries a person who
219later becomes a legal resident may, upon becoming a legal
220resident of this state, accede to the benefit of the spouse's
221immediately precedent duration as a legal resident for purposes
222of satisfying the 12-month durational requirement of this
223section.
224     (7)  A person shall not lose his or her resident status for
225tuition purposes solely by reason of serving, or, if such person
226is a dependent child, by reason of his or her parent's or
227parents' serving, in the Armed Forces outside this state.
228     (8)  A person who has been properly classified as a
229resident for tuition purposes but who, while enrolled in an
230institution of higher education in this state, loses his or her
231resident tuition status because the person or, if he or she is a
232dependent child, the person's parent or parents establish
233domicile or legal residence elsewhere shall continue to enjoy
234the in-state tuition rate for a statutory grace period, which
235period shall be measured from the date on which the
236circumstances arose that culminated in the loss of resident
237tuition status and shall continue for 12 months. However, if the
23812-month grace period ends during a semester or academic term
239for which such former resident is enrolled, such grace period
240shall be extended to the end of that semester or academic term.
241     (9)  Any person who ceases to be enrolled at or who
242graduates from an institution of higher education while
243classified as a resident for tuition purposes and who
244subsequently abandons his or her domicile in this state shall be
245permitted to reenroll at an institution of higher education in
246this state as a resident for tuition purposes without the
247necessity of meeting the 12-month durational requirement of this
248section if that person has reestablished his or her domicile in
249this state within 12 months of such abandonment and continuously
250maintains the reestablished domicile during the period of
251enrollment. The benefit of this subsection shall not be accorded
252more than once to any one person.
253     (10)  The following persons shall be classified as
254residents for tuition purposes:
255     (a)  Active duty members of the Armed Services of the
256United States residing or stationed in this state, their
257spouses, and dependent children, and active members of the
258Florida National Guard who qualify under s. 250.10(7) and (8)
259for the tuition assistance program.
260     (b)  Active duty members of the Armed Services of the
261United States and their spouses and dependents attending a
262public community college or state university within 50 miles of
263the military establishment where they are stationed, if such
264military establishment is within a county contiguous to Florida.
265     (c)  United States citizens living on the Isthmus of
266Panama, who have completed 12 consecutive months of college work
267at the Florida State University Panama Canal Branch, and their
268spouses and dependent children.
269     (d)  Full-time instructional and administrative personnel
270employed by state public schools, community colleges, and
271institutions of higher education, as defined in s. 1000.04, and
272their spouses and dependent children.
273     (e)  Students from Latin America and the Caribbean who
274receive scholarships from the federal or state government. Any
275student classified pursuant to this paragraph shall attend, on a
276full-time basis, a Florida institution of higher education.
277     (f)  Southern Regional Education Board's Academic Common
278Market graduate students attending Florida's state universities.
279     (g)  Full-time employees of state agencies or political
280subdivisions of the state when the student fees are paid by the
281state agency or political subdivision for the purpose of job-
282related law enforcement or corrections training.
283     (h)  McKnight Doctoral Fellows and Finalists who are United
284States citizens.
285     (i)  United States citizens living outside the United
286States who are teaching at a Department of Defense Dependent
287School or in an American International School and who enroll in
288a graduate level education program which leads to a Florida
289teaching certificate.
290     (j)  Active duty members of the Canadian military residing
291or stationed in this state under the North American Air Defense
292(NORAD) agreement, and their spouses and dependent children,
293attending a community college or state university within 50
294miles of the military establishment where they are stationed.
295     (k)  Active duty members of a foreign nation's military who
296are serving as liaison officers and are residing or stationed in
297this state, and their spouses and dependent children, attending
298a community college or state university within 50 miles of the
299military establishment where the foreign liaison officer is
300stationed.
301     (11)  The State Board of Education and the Board of
302Governors shall adopt rules to implement this section.
303     Section 2.  Paragraph (c) of subsection (4) of section
3041009.24, 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
308establish tuition for graduate and professional programs, and
309out-of-state fees for all programs. The sum of tuition and out-
310of-state fees assessed to nonresident students must be
311sufficient to offset the full instructional cost of serving such
312students. However, adjustments to out-of-state fees or tuition
313for graduate programs and pursuant to this section may not
314exceed 10 percent in any year, and adjustments to out-of-state
315fees or tuition for professional programs may not exceed 15
316percent in any year.
317     Section 3.  Paragraph (a) of subsection (5) of section
3181009.53, Florida Statutes, is amended, and subsection (11) is
319added to that section, to read:
320     1009.53  Florida Bright Futures Scholarship Program.--
321     (5)  The department shall issue awards from the scholarship
322program annually. Annual awards may be for up to 45 semester
323credit hours or the equivalent. Before the registration period
324each semester, the department shall transmit payment for each
325award to the president or director of the postsecondary
326education institution, or his or her representative, except that
327the department may withhold payment if the receiving institution
328fails to report or to make refunds to the department as required
329in this section.
330     (a)  Within 30 days after the end of regular registration
331each semester, the educational institution shall certify to the
332department the eligibility status of each student who receives
333an award. After the end of the drop and add period, an
334institution is not required to reevaluate or revise a student's
335eligibility status; however, an institution but must make a
336refund to the department within 30 days after the end of the
337semester of any funds received for courses dropped by students
338after the end of the drop and add period or courses from which
339students withdraw after the end of the drop and add period
340unless a student has dropped or withdrawn from the course due to
341a verifiable illness or other documented emergency if a student
342who receives an award disbursement terminates enrollment for any
343reason during an academic term and a refund is permitted by the
344institution's refund policy.
345     (11)  Funds for any scholarship within the Florida Bright
346Futures Scholarship Program may not be used to pay for courses
347dropped after the end of the drop and add period or courses from
348which students withdraw after the end of the drop and add period
349except as otherwise provided in this section. The department
350shall notify eligible recipients of the provisions of this
351subsection. Each institution shall notify award recipients of
352the provisions of this subsection during the registration
353process.
354     Section 4.  Paragraph (a) of subsection (1) of section
3551009.532, Florida Statutes, is amended to read:
356     1009.532  Florida Bright Futures Scholarship Program;
357student eligibility requirements for renewal awards.--
358     (1)  To be eligible to renew a scholarship from any of the
359three types of scholarships under the Florida Bright Futures
360Scholarship Program, a student must:
361     (a)  Effective with students funded in the 2009-2010
362academic year and thereafter, earn complete at least 24 12
363semester credit hours or the equivalent in the last academic
364year in which the student earned a scholarship if the student
365was enrolled full time or earn a prorated number of credit hours
366as determined by the Department of Education if the student was
367enrolled less than full time for any part of the academic year.
368If a student fails to earn the minimum number of hours required
369to renew the scholarship, the student shall lose his or her
370eligibility for renewal for a period equivalent to one academic
371year. The student is eligible to restore the award the following
372academic year if the student earns the hours for which the
373student was enrolled at the level defined by the department and
374meets the grade point average for renewal. A student is eligible
375for such a restoration one time. The department shall notify
376eligible recipients of the requirements of this paragraph. Each
377institution shall notify award recipients of the requirements of
378this 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
383for minority persons with preference given to the direct
384descendants of the Rosewood families, not to exceed 25
385scholarships per year. Funds appropriated by the Legislature for
386the program shall be deposited in the State Student Financial
387Assistance Trust Fund.
388     (2)  The Rosewood Family Scholarship Program shall be
389administered by the Department of Education. The State Board of
390Education shall adopt rules for administering this program which
391shall at a minimum provide for the following:
392     (c)  The department shall rank eligible initial applicants
393for the purposes of awarding scholarships with preference being
394given to the direct descendants of the Rosewood families. The
395remaining applicants shall be ranked based on need as determined
396by 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
399Statutes, is amended to read:
400     1009.57  Florida Teacher Scholarship and Forgivable Loan
401Program.--
402     (2)  Within the Florida Teacher Scholarship and Forgivable
403Loan Program shall be established the "Chappie" James Most
404Promising Teacher Scholarship which shall be offered to a top
405graduating senior from each public secondary school in the
406state. An additional number of "Chappie" James Most Promising
407Teacher Scholarship awards shall be offered annually to
408graduating seniors from private secondary schools in the state
409which are listed with the Department of Education and accredited
410by the Southern Association of Colleges and Schools or any other
411private statewide accrediting agency which makes public its
412standards, procedures, and member schools. The private secondary
413schools shall be in compliance with regulations of the Office
414for Civil Rights. The number of awards to private secondary
415school students shall be proportional to the number of awards
416available to public secondary school students and shall be
417calculated as the ratio of the number of private to public
418secondary school seniors in the state multiplied by the number
419of public secondary schools in the state.
420     (b)  The amount of the scholarship shall be prorated based
421on available appropriations and may not exceed is $1,500 per
422year. The scholarship and may be renewed for 1 year if the
423student earns a 2.5 cumulative grade point average and 12 credit
424hours per term and meets the eligibility requirements for
425renewal of the award.
426     (3)
427     (b)  An undergraduate forgivable loan may be awarded for 2
428undergraduate years, not to exceed $4,000 per year, or for a
429maximum of 3 years for programs requiring a fifth year of
430instruction to obtain initial teaching certification. The amount
431of the undergraduate forgivable loan shall be prorated based on
432available appropriations and may not exceed $4,000 per year.
433     (c)  A graduate forgivable loan may be awarded for 2
434graduate years. The amount of the graduate forgivable loan shall
435be prorated based on available appropriations and may, not to
436exceed $8,000 per year. In addition to meeting criteria
437specified in paragraph (a), a loan recipient at the graduate
438level shall:
439     1.  Hold a bachelor's degree from any college or university
440accredited by a regional accrediting association as defined by
441State Board of Education rule.
442     2.  Not already hold a teaching certificate resulting from
443an undergraduate degree in education in an area of critical
444teacher shortage as designated by the State Board of Education.
445     3.  Not have received an undergraduate forgivable loan as
446provided for in paragraph (b).
447     Section 7.  Subsection (3) of section 1009.58, Florida
448Statutes, is amended to read:
449     1009.58  Critical teacher shortage tuition reimbursement
450program.--
451     (3)  Participants may receive tuition reimbursement
452payments for up to 9 semester hours, or the equivalent in
453quarter hours, per year. The amount of the reimbursement per
454semester hour shall be prorated based on available
455appropriations and may not, at a rate not to exceed $78 per
456semester hour, up to a total of 36 semester hours. All tuition
457reimbursements shall be contingent on passing an approved course
458with a minimum grade of 3.0 or its equivalent.
459     Section 8.  Subsection (2) of section 1009.59, Florida
460Statutes, is amended to read:
461     1009.59  Critical Teacher Shortage Student Loan Forgiveness
462Program.--
463     (2)  From the funds available, The Department of Education
464may make loan principal repayments, which shall be prorated
465based on available appropriations as follows:
466     (a)  Up to $2,500 a year for up to 4 years on behalf of
467selected graduates of state-approved undergraduate postsecondary
468teacher preparation programs, persons certified to teach
469pursuant to any applicable teacher certification requirements,
470or selected teacher preparation graduates from any state
471participating in the Interstate Agreement on the Qualification
472of Educational Personnel.
473     (b)  Up to $5,000 a year for up to 2 years on behalf of
474selected graduates of state-approved graduate postsecondary
475teacher preparation programs, persons with graduate degrees
476certified to teach pursuant to any applicable teacher
477certification requirements, or selected teacher preparation
478graduates from any state participating in the Interstate
479Agreement on the Qualification of Educational Personnel.
480     (c)  All repayments shall be contingent on continued proof
481of employment in the designated subject areas in this state and
482shall be made directly to the holder of the loan. The state
483shall not bear responsibility for the collection of any interest
484charges or other remaining balance. In the event that designated
485critical teacher shortage subject areas are changed by the State
486Board of Education, a teacher shall continue to be eligible for
487loan forgiveness as long as he or she continues to teach in the
488subject area for which the original loan repayment was made and
489otherwise meets all conditions of eligibility.
490     Section 9.  Subsections (1) and (3) of section 1009.60,
491Florida Statutes, are amended to read:
492     1009.60  Minority teacher education scholars
493program.--There is created the minority teacher education
494scholars program, which is a collaborative performance-based
495scholarship program for African-American, Hispanic-American,
496Asian-American, and Native American students. The participants
497in the program include Florida's community colleges and its
498public and private universities that have teacher education
499programs.
500     (1)  The minority teacher education scholars program shall
501provide an annual scholarship in an amount that shall be
502prorated based on available appropriations and may not exceed of
503$4,000 for each approved minority teacher education scholar who
504is enrolled in one of Florida's public or private universities
505in the junior year and is admitted into a teacher education
506program.
507     (3)  The total amount appropriated annually for new
508scholarships in the program must be divided by $4,000 and by the
509number of participating colleges and universities. Each
510participating institution has access to the same number of
511scholarships and may award all of them to eligible minority
512students. If a college or university does not award all of its
513scholarships by the date set by the program administration at
514the Florida Fund for Minority Teachers, Inc., the remaining
515scholarships must be transferred to another institution that has
516eligible students. If the total amount appropriated for new
517scholarships is insufficient to award $4,000 to each eligible
518student, the amount of the scholarship shall be prorated based
519on available appropriations.
520     Section 10.  Subsection (2) of section 1009.605, Florida
521Statutes, is amended to read:
522     1009.605  Florida Fund for Minority Teachers, Inc.--
523     (2)(a)  The corporation shall submit an annual budget
524projection to the Department of Education to be included in the
525annual legislative budget request. The projection must be based
526on a 7-year plan that would be capable of awarding the following
527schedule of scholarships:
528     1.(a)  In the initial year, 700 scholarships of $4,000 each
529to scholars in the junior year of college.
530     2.(b)  In the second year, 350 scholarships to new scholars
531in their junior year and 700 renewal scholarships to the rising
532seniors.
533     3.(c)  In each succeeding year, 350 scholarships to new
534scholars in the junior year and renewal scholarships to the 350
535rising seniors.
536     (b)  The corporation shall report to the Department of
537Education, by the date established by the department, the
538eligible students to whom scholarship moneys are disbursed each
539academic term and any other information requested by the
540department in accordance with s. 1009.94. Within 60 days after
541the end of each fiscal year, the corporation shall remit to the
542department any appropriated funds that were not distributed for
543scholarships, less the 5 percent for administration, including
544administration of the required training program, authorized
545pursuant to subsection (3).
546     Section 11.  Paragraph (e) of subsection (5) of section
5471009.701, 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
550this section, an applicant must:
551     (e)  Have met the eligibility requirements in s. 1009.50
552for demonstrated financial need for the Florida Public Student
553Assistance Grant Program by completing the Free Application for
554Federal Student Aid.
555     Section 12.  Subsections (2) and (3) of section 1009.94,
556Florida Statutes, are amended to read:
557     1009.94  Student financial assistance database.--
558     (2)  For purposes of this section, financial assistance
559includes:
560     (a)  For all students, any scholarship, grant, loan, fee
561waiver, tuition assistance payment, or other form of
562compensation provided from state or federal funds.
563     (b)  For students attending public institutions, any
564scholarship, grant, loan, fee waiver, tuition assistance
565payment, or other form of compensation supported by
566institutional funds.
567     (c)  Any financial assistance provided under s. 1009.50, s.
5681009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s.
5691009.55, s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s.
5701009.63, s. 1009.68, s. 1009.70, s. 1009.701, s. 1009.72, s.
5711009.73, s. 1009.74, s. 1009.77, s. 1009.89, or s. 1009.891.
572     (3)  The database must include records on any student
573receiving any form of financial assistance as described in
574subsection (2). Each institution Institutions participating in
575any state financial assistance program under paragraph (2)(c)
576shall annually report submit such information to the Department
577of Education, by the date and in a format prescribed by the
578department and consistent with the provisions of s. 1002.22, the
579eligible students to whom financial assistance is disbursed each
580academic term, the eligibility requirements for recipients, and
581the aggregate demographics of recipients.
582     Section 13.  Paragraphs (a), (b), and (c) of subsection (2)
583of section 1009.98, Florida Statutes, are amended, and
584subsection (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
587make advance payment contracts available for two independent
588plans to be known as the community college plan and the
589university plan. The board may also make advance payment
590contracts available for a dormitory residence plan. The board
591may restrict the number of participants in the community college
592plan, university plan, and dormitory residence plan,
593respectively. However, any person denied participation solely on
594the basis of such restriction shall be granted priority for
595participation during the succeeding year.
596     (a)1.  Through the community college plan, the advance
597payment contract may shall provide prepaid registration fees for
598a specified number of undergraduate semester credit hours not to
599exceed the average number of hours required for the conference
600of an associate degree. Qualified beneficiaries shall bear the
601cost of any laboratory fees associated with enrollment in
602specific courses. Each qualified beneficiary shall be classified
603as a resident for tuition purposes, pursuant to s. 1009.21,
604regardless of his or her actual legal residence.
605     2.  Effective July 1, 1998, the board may provide advance
606payment contracts for additional fees delineated in s. 1009.23,
607not to exceed the average number of hours required for the
608conference of an associate degree, in conjunction with advance
609payment contracts for registration fees. Community college plan
610contracts purchased prior to July 1, 1998, shall be limited to
611the payment of registration fees as defined in s. 1009.97.
612     3.  Effective July 1, 2009, the board may provide an
613advance payment contract for the community college plan covering
614prepaid registration fees and the additional fees delineated in
615s. 1009.23. Such a contract may be offered in specific
616increments usable toward an associate degree. The total number
617of hours purchased for a qualified beneficiary may not exceed
618the average number of hours required for the conference of an
619associate degree.
620     (b)1.  Through the university plan, the advance payment
621contract may shall provide prepaid registration fees for a
622specified number of undergraduate semester credit hours not to
623exceed the average number of hours required for the conference
624of a baccalaureate degree. Qualified beneficiaries shall bear
625the cost of any laboratory fees associated with enrollment in
626specific courses. Each qualified beneficiary shall be classified
627as a resident for tuition purposes pursuant to s. 1009.21,
628regardless of his or her actual legal residence.
629     2.  Effective July 1, 1998, the board may provide advance
630payment contracts for additional fees delineated in s.
6311009.24(9)-(12), for a specified number of undergraduate
632semester credit hours not to exceed the average number of hours
633required for the conference of a baccalaureate degree, in
634conjunction with advance payment contracts for registration
635fees. Such contracts shall provide prepaid coverage for the sum
636of such fees, to a maximum of 45 percent of the cost of
637registration fees. University plan contracts purchased prior to
638July 1, 1998, shall be limited to the payment of registration
639fees as defined in s. 1009.97.
640     3.  Effective July 1, 2007, the board may provide advance
641payment contracts for the tuition differential authorized in s.
6421009.24(16) for a specified number of undergraduate semester
643credit hours, which may not exceed the average number of hours
644required for the conference of a baccalaureate degree, in
645conjunction with advance payment contracts for registration
646fees.
647     4.  Effective July 1, 2009, the board may provide an
648advance payment contract for the university plan covering
649prepaid registration fees, the additional fees delineated in s.
6501009.24(9)-(12), and the tuition differential authorized in s.
6511009.24(16). Such a contract may be offered in specific
652increments usable toward a baccalaureate degree. The total
653number of hours purchased for a qualified beneficiary may not
654exceed the average number of hours required for the conference
655of a baccalaureate degree.
656     (c)  The cost of participation in contracts authorized
657under paragraph (a) or paragraph (b) shall be based primarily on
658the current and projected registration fees within the Florida
659Community College System or the State University System,
660respectively, that are included in the plan, the number of
661credit hours or semesters included in the plan, and the number
662of years expected to elapse between the purchase of the plan on
663behalf of a qualified beneficiary and the exercise of the
664benefits 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
668expected value of the assets of the trust fund exceed the
669expected value of the liabilities of the trust fund.
670     2.  "Fiscal year" means the state fiscal year pursuant to
671s. 215.01.
672     3.  "Local fees" means the fees covered by an advance
673payment contract provided pursuant to subparagraph (2)(b)2.
674     4.  "Tuition differential" means the fee covered by an
675advance payment contract provided pursuant to subparagraph
676(2)(b)3. The base rate for the tuition differential for fiscal
677year 2012-2013 is established at $37.03 per credit hour. The
678base rate for the tuition differential in subsequent years is
679the amount paid by the board for the tuition differential for
680the preceding year adjusted pursuant to subparagraph (b)2.
681     (b)  Effective with the 2009-2010 academic year and each
682academic year thereafter and notwithstanding s. 1009.24, the
683amount paid by the board to any state university on behalf of a
684qualified beneficiary of an advance payment contract whose
685contract was purchased prior to July 1, 2009, shall be as
686follows:
687     1.  As to registration fees, if the actuarial reserve is
688less than 5 percent of the expected value of the liabilities of
689the trust fund, the board shall pay the state universities 5.5
690percent above the amount assessed for registration fees in the
691preceding fiscal year. If the actuarial reserve is between 5
692percent and 6 percent of the expected value of the liabilities
693of the trust fund, the board shall pay the state universities 6
694percent above the amount assessed for registration fees in the
695preceding fiscal year. If the actuarial reserve is between 6
696percent and 7.5 percent of the expected value of the liabilities
697of the trust fund, the board shall pay the state universities
6986.5 percent above the amount assessed for registration fees in
699the preceding fiscal year. If the actuarial reserve is equal to
700or greater than 7.5 percent of the expected liabilities of the
701trust fund, the board shall pay the state universities 7 percent
702above the amount assessed for registration fees in the preceding
703fiscal year.
704     2.  As to the tuition differential, if the actuarial
705reserve is less than 5 percent of the expected value of the
706liabilities of the trust fund, the board shall pay the state
707universities 5.5 percent above the base rate for the tuition
708differential in the preceding fiscal year. If the actuarial
709reserve is between 5 percent and 6 percent of the expected value
710of the liabilities of the trust fund, the board shall pay the
711state universities 6 percent above the base rate for the tuition
712differential in the preceding fiscal year. If the actuarial
713reserve is between 6 percent and 7.5 percent of the expected
714value of the liabilities of the trust fund, the board shall pay
715the state universities 6.5 percent above the base rate for the
716tuition differential in the preceding fiscal year. If the
717actuarial reserve is equal to or greater than 7.5 percent of the
718expected value of the liabilities of the trust fund, the board
719shall pay the state universities 7 percent above the base rate
720for the tuition differential in the preceding fiscal year.
721Qualified beneficiaries of advance payment contracts purchased
722prior to or on July 1, 2007, shall be exempt from paying the
723tuition differential.
724     3.  As to local fees, the board shall pay the state
725universities 5 percent above the amount assessed for local fees
726in the preceding fiscal year.
727     4.  As to dormitory fees, the board shall pay the state
728universities 6 percent above the amount assessed for dormitory
729fees in the preceding fiscal year.
730     (c)  The board shall pay state universities the actual
731amount assessed in accordance with law for registration fees and
732the tuition differential for advance payment contracts purchased
733on or after July 1, 2009.
734     (d)  The board shall annually evaluate or cause to be
735evaluated the actuarial soundness of the trust fund.
736     Section 14.  Section 1011.521, Florida Statutes, is created
737to read:
738     1011.521  Appropriation to private colleges and
739universities.--
740     (1)  Subject to the provisions of this section, the
741Legislature may provide an annual appropriation to support
742Florida private colleges and universities. Such appropriations
743may be used to provide access to Florida residents seeking a
744postsecondary education, to fulfill the state's need for
745graduates in specific disciplines, and to support medical
746research.
747     (2)  Each institution receiving an appropriation under this
748section shall submit a proposed expenditure plan to the
749Department of Education by the date and in the format
750established by the department.
751     (3)  By September 1 of each fiscal year, each institution
752receiving an appropriation under this section shall submit a
753report to the Department of Education detailing expenditures of
754the funds received under this section in the preceding fiscal
755year. Any funds used to provide financial assistance to students
756shall be reported to the department in accordance with s.
7571009.94.
758     (4)  An institution may not expend any of the funds
759received under this section for the construction of any
760buildings.
761     Section 15.  Sections 1009.76 and 1009.765, Florida
762Statutes, are repealed.
763     Section 16.  Paragraph (a) of subsection (1) of section
7641009.40, Florida Statutes, is amended to read:
765     1009.40  General requirements for student eligibility for
766state financial aid awards and tuition assistance grants.--
767     (1)(a)  The general requirements for eligibility of
768students for state financial aid awards and tuition assistance
769grants consist of the following:
770     1.  Achievement of the academic requirements of and
771acceptance at a state university or community college; a nursing
772diploma school approved by the Florida Board of Nursing; a
773Florida college, university, or community college which is
774accredited by an accrediting agency recognized by the State
775Board of Education; any Florida institution the credits of which
776are acceptable for transfer to state universities; any career
777center; or any private career institution accredited by an
778accrediting agency recognized by the State Board of Education.
779     2.  Residency in this state for no less than 1 year
780preceding the award of aid or a tuition assistance grant for a
781program established pursuant to s. 1009.50, s. 1009.505, s.
7821009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s.
7831009.57, s. 1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s.
7841009.72, s. 1009.73, s. 1009.76, s. 1009.77, s. 1009.89, or s.
7851009.891. Residency in this state must be for purposes other
786than to obtain an education. Resident status for purposes of
787receiving state financial aid awards shall be determined in the
788same manner as resident status for tuition purposes pursuant to
789s. 1009.21.
790     3.  Submission of certification attesting to the accuracy,
791completeness, and correctness of information provided to
792demonstrate a student's eligibility to receive state financial
793aid awards or tuition assistance grants. Falsification of such
794information shall result in the denial of any pending
795application and revocation of any award or grant currently held
796to the extent that no further payments shall be made.
797Additionally, students who knowingly make false statements in
798order to receive state financial aid awards or tuition
799assistance grants commit a misdemeanor of the second degree
800subject to the provisions of s. 837.06 and shall be required to
801return all state financial aid awards or tuition assistance
802grants wrongfully obtained.
803     Section 17.  Notwithstanding s. 1010.62, Florida Statutes,
804revenue bonds may be secured by or made payable from lease
805payments from the Miami-Dade County Health Department of the
806Department of Health to Florida International University for
807rental of space within Florida International University's public
808health facility. The Legislature finds that such action is
809consistent with the mission of the university. The financial
810structure of any debt used to fund the public health facility
811must be in conformity with the debt management guidelines of the
812Board of Governors of the State University System and must be
813approved by the Board of Governors pursuant to s. 1010.62,
814Florida Statutes.
815     Section 18.  This act shall take effect July 1, 2009.


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