Florida Senate - 2010 SB 144 By Senator Ring 32-00125-10 2010144__ 1 A bill to be entitled 2 An act relating to student financial assistance; 3 creating s. 1009.893, F.S.; creating the Sure Futures 4 Scholarship Program; providing purposes and goals for 5 the program; requiring that the Board of Governors of 6 the State University System administer the program; 7 providing definitions; establishing the Sure Futures 8 Advisory Board; providing membership and duties of the 9 advisory board; providing eligibility criteria for 10 participation in the program by students and sponsors; 11 providing procedures for application to the program 12 and selection of participants; requiring that sponsors 13 and students participating in the program enter into a 14 contract; specifying certain terms for such contract; 15 providing benefits and requirements for students 16 selected to participate in the program; authorizing 17 sponsors to establish terms of sponsorship and specify 18 state universities or private colleges or universities 19 at which a student may enroll to receive sponsorship; 20 providing requirements if a sponsor terminates a 21 scholar; requiring that a participating student who 22 graduates with an advanced degree remain employed by 23 his or her sponsor in this state for a specified 24 period; requiring that a sponsor make specified 25 monetary contributions for the program; providing for 26 implementation of the program based on fees received; 27 providing for state matching funds; requiring that the 28 Board of Governors establish a central database; 29 providing requirements for scholarship loans; 30 providing for repayment of a prorated portion of a 31 scholarship loan if certain obligations are not met; 32 requiring that eligible state universities and private 33 colleges or universities make available certain 34 information regarding the program; encouraging certain 35 entities to promote participation in the program; 36 authorizing state universities or private colleges and 37 universities to provide grants or waivers; providing 38 an effective date. 39 40 Be It Enacted by the Legislature of the State of Florida: 41 42 Section 1. Section 1009.893, Florida Statutes, is created 43 to read: 44 1009.893 Sure Futures Scholarship Program.— 45 (1) Beginning with the 2011-2012 fiscal year, the Sure 46 Futures Scholarship Program shall be created for the purpose of 47 matching private-sector businesses that need employees in 48 Florida who have advanced degrees with students who are seeking 49 advanced degrees and employment. The goals of the program are to 50 provide for a more highly educated workforce in Florida by 51 offering students financial support to pursue advanced degrees 52 in identified areas of critical need and guaranteed employment 53 in Florida with the private-sector businesses that participate 54 as sponsors in the program. 55 (2) The Board of Governors of the State University System 56 shall administer the Sure Futures Scholarship Program. The Board 57 of Governors may enter into an agreement with a state university 58 or the Department of Education to provide operational and 59 administrative services for the program, including, but not 60 limited to, processing applications, responding to sponsor 61 letters of interest, disseminating information about the 62 program, facilitating student and sponsor matches, managing 63 contributions and state matching dollars, and managing all 64 components of the program. 65 (3) As used in this section, the term: 66 (a) “Eligible graduate program” means a graduate program in 67 an area of critical need identified by the Board of Governors in 68 the board’s most recent strategic plan and offered by a state 69 university or private college or university located in this 70 state which is accredited by the Commission on Colleges of the 71 Southern Association of Colleges and Schools or the Accrediting 72 Council for Independent Colleges and Schools. An area of 73 critical need includes, but is not limited to, education, health 74 professions, engineering, life sciences, and economic 75 development sectors yielding high-wage or high-demand jobs. 76 (b) “Sure Futures Scholar” or “scholar” means a student who 77 has been admitted to an eligible graduate program and who has 78 applied for and been selected to participate in the Sure Futures 79 Scholarship Program. 80 (c) “Sponsor” means a corporation, partnership, limited 81 liability company, sole proprietor, or other private-sector 82 business entity that provides financial support and guaranteed 83 employment opportunities in Florida pursuant to this section. 84 (4)(a) The Sure Futures Scholarship Advisory Board shall be 85 established to make recommendations to the Board of Governors 86 regarding the implementation and operation of the program. 87 (b) The advisory board shall be comprised of the following 88 members: 89 1. The Chancellor of the State University System or the 90 chancellor’s designee. 91 2. Three representatives from state universities appointed 92 by the chancellor to 2-year terms. 93 3. Three representatives from businesses or industries 94 located in Florida appointed by the chancellor to 2-year terms. 95 4. Two graduate students who are Sure Futures Scholars from 96 a state university appointed by the chancellor to 1-year terms. 97 5. Three representatives from private universities or 98 colleges appointed by the Independent Colleges and Universities 99 of Florida. 100 6. Two graduate students who are Sure Futures Scholars 101 appointed by the Independent Colleges and Universities of 102 Florida. 103 7. One representative appointed by the Speaker of the House 104 of Representatives. 105 8. One representative appointed by the President of the 106 Senate. 107 (c) The advisory board shall: 108 1. Recommend policies and procedures for implementation and 109 operation of the program, including, but not limited to, an 110 application and matching process for students and employers 111 participating in the program. 112 2. Recommend policies and procedures for receiving, 113 processing, and managing program revenues, including 114 contributions from sponsors, repayments of scholarship loans, 115 and state matching dollars. 116 3. Recommend a process for the approval of printed and 117 electronic materials, marketing, and advertising. 118 (5)(a) A student is eligible to apply to the Sure Futures 119 Scholarship Program and receive a list of sponsors and the 120 graduate degree programs for which such sponsors are seeking 121 potential scholars if: 122 1. The student has been admitted as a degree-seeking 123 student in an eligible graduate program at a state university or 124 a private college or university in this state which is 125 accredited by the Commission on Colleges of the Southern 126 Association of Colleges and Schools or the Accrediting Council 127 for Independent Colleges and Schools; and 128 2. The student qualifies as a resident for tuition purposes 129 pursuant to s. 1009.21 or has received an undergraduate degree 130 from a Florida college or university. 131 (b) A student must apply to the Board of Governors to 132 participate in the Sure Futures Scholarship Program using a 133 standard application form developed by the Board of Governors. 134 (c) To be eligible for selection as a Sure Futures Scholar, 135 a student must: 136 1. Be admitted as a degree-seeking student by an eligible 137 graduate program. 138 2. Be classified as a resident for tuition purposes 139 pursuant to s. 1009.21 at the time of initial enrollment in the 140 eligible graduate program or have obtained an undergraduate 141 degree from a Florida college or university. 142 3. Not be an existing employee of the sponsor with whom the 143 student is matched. 144 (6) An employer interested in participating in the Sure 145 Futures Scholarship Program shall submit a letter of interest to 146 the Board of Governors. At a minimum, the letter shall indicate 147 the level and subject matter of the degree program or programs 148 and the state universities or private colleges or universities 149 of interest to the employer. The Board of Governors shall notify 150 the employer of the graduate programs that meet the interests of 151 the employer, the eligible state universities or private 152 colleges or universities that offer the programs, and the 153 estimated costs of the programs. 154 (7) The Board of Governors shall review student 155 applications to match students and potential sponsors. The Board 156 of Governors shall notify each student applicant and potential 157 sponsor of the match or matches. Each potential sponsor shall 158 interview the students and notify the Board of Governors of the 159 student or students it wishes to sponsor. The Board of Governors 160 shall determine the final match of the sponsor and student. A 161 match is not final until the student has formally accepted an 162 offer of admission to an eligible graduate program that is 163 acceptable to the potential sponsor. 164 (8)(a) Once a match is finalized through the Board of 165 Governors, the student and the sponsor shall sign a contract in 166 which the student agrees to a scholarship loan offered by the 167 sponsor, including a waiver-of-payment provision if a 4-year 168 employment obligation in Florida is completed, and the sponsor 169 agrees to provide a defined 4-year employment position in the 170 state. 171 (b) The contract must: 172 1. Clearly state the terms of the scholarship loan. 173 2. Include the sponsor’s expectations for the scholar’s 174 performance. 175 3. Include the employment requirements. 176 4. Include the potential legal remedies if the terms and 177 conditions of the contract are not met. 178 5. Provide for repayment of the scholarship loan in 179 accordance with subsection (11) if the scholar is unable to 180 complete all of the obligations of the contract. 181 6. Provide for the matching of a scholar to an alternate 182 sponsor if the original sponsor is unable to complete all of the 183 obligations of the contract. 184 7. As a condition of the scholar accepting a match with a 185 particular sponsor, contain provisions for noncompetition, 186 nonsolicitation, and nondisclosure for up to 4 years after the 187 scholar completes the graduate degree requirements. 188 (c) For each year that the scholar is enrolled full-time as 189 a graduate student, the scholarship loan shall cover tuition, 190 fees, and books for the degree program; health insurance with an 191 option for the scholar to purchase additional coverage for 192 dependents; and room and board based on the university’s or 193 college’s dormitory and meal plan rate. 194 (d) A sponsor may establish terms of sponsorship, 195 including, but not limited to, the degree sought, the state 196 universities or private colleges or universities in which a 197 scholar may enroll, minimum grade point average and course load, 198 and requirements regarding internships and extracurricular 199 activities. 200 (e) Upon graduation, a scholar shall begin working for the 201 sponsor and must remain employed in this state by the sponsor 202 for a minimum of 4 years as stipulated in the contract. 203 (f) If a sponsor terminates employment of a scholar without 204 cause before the scholar completes the 4-year obligation, the 205 scholar is not required to repay any portion of the scholarship 206 loan and may be matched with another sponsor to complete the 207 remaining 4-year contracted employment period. The sponsor and 208 the scholar shall inform the Board of Governors of the 209 termination. The sponsor may not be reimbursed for any amount 210 paid to the Board of Governors which is made on behalf of the 211 scholar. 212 (g) If a sponsor terminates the employment of a scholar for 213 cause before the scholar completes the 4-year obligation, the 214 scholar must repay a prorated portion of the scholarship loan in 215 accordance with subsection (11). The sponsor and the scholar 216 shall inform the Board of Governors of the termination. 217 (9)(a) A sponsor shall make an initial monetary 218 contribution to the Board of Governors of at least 50 percent of 219 the total funds necessary to cover the costs identified in 220 paragraph (8)(c) for the duration of the degree program from 221 which the sponsor wishes to draw students, plus an additional 222 monetary contribution per year to the Board of Governors to 223 cover administrative costs of the Sure Futures Scholarship 224 Program to be computed based on a pro rata share of the cost of 225 one scholarship divided by the total number of scholarships 226 offered. Contributions shall be made to the Board of Governors 227 by a date specified by and in accordance with rules adopted by 228 the Board of Governors. 229 (b) The Board of Governors shall use the first $300,000 in 230 sponsor administrative fees to pay start-up costs for 231 implementing the Sure Futures Scholarship Program. The program 232 shall be implemented to the extent that such fees are received 233 by the Board of Governors. Beginning July 1, 2011, and 234 thereafter, sponsor contributions, except for the administrative 235 fee portion, are eligible to be matched by the state on a 236 dollar-for-dollar basis to the extent funds are appropriated by 237 the Legislature for such purpose. A sponsor may support one or 238 more scholarship loans and must offer employment in Florida for 239 each scholar with whom the sponsor is matched for the 4-year 240 contracted employment period. 241 (10) The Board of Governors shall establish and maintain a 242 central database containing current information on student 243 applicants and their profiles, sponsors, the graduate degree 244 programs for which the sponsors are seeking scholars, the state 245 universities or private colleges or universities that offer such 246 programs, and the costs of such programs for purposes of 247 determining the sponsor support required. 248 (11) The Board of Governors shall adopt by rule scholarship 249 loan terms, repayment schedules, and procedures for the 250 collection, settlement, and charging off of delinquent unpaid 251 and uncanceled scholarship loan notes. A scholarship loan must 252 be repaid within 10 years after the 4-year employment period 253 ends. 254 (a) Credit for repayment of a scholarship loan shall be in 255 an amount not to exceed 25 percent in loan principal plus 256 applicable accrued interest for each full year of employment 257 service. 258 (b) Unless the Sure Futures Scholar has received full 259 credit for repayment, the scholar shall repay the unwaived 260 portion of the scholarship plus accrued interest at 8 percent 261 annually. The repayment must be deferred until the scholar has 262 become entitled to a full waiver of payment or if the scholar is 263 no longer eligible for the waiver of payment. If the scholar is 264 no longer eligible for the waiver of payment, the amount owed 265 shall be based on that portion of principal and accrued interest 266 which was not credited under the waiver-of-payment repayment 267 provisions in this section. 268 (c) Sure Futures Scholars may receive scholarship loan 269 repayment credit when matched with another sponsor at any time 270 during the scheduled repayment period. A scholar shall receive 271 credit only for the remaining employment service provided for in 272 the terms of the initial employment contract. Further, such 273 repayment credit applies only to the current principal and 274 accrued interest balance remaining at the time the repayment 275 credit is earned. The scholar may not be reimbursed for previous 276 cash payments of principal and interest. 277 (12) Prepared documentation and electronic information 278 regarding the program shall be made available through the 279 appropriate office at each eligible state university or private 280 college or university. As deemed appropriate by its 281 administration, an eligible state university or private college 282 or university may provide additional information or activities, 283 such as providing one-on-one discussions with advisors, 284 conducting seminars on the program, or working with companies in 285 its service area to create scholarships through the program. 286 (13) State agencies, local workforce boards, chambers of 287 commerce, and Enterprise Florida, Inc., are strongly encouraged 288 to promote participation in the program from potential sponsors 289 and scholars. 290 (14) To the extent the funds contributed by a sponsor and 291 any matching funds provided by the state are not sufficient to 292 pay for the costs identified in paragraph (8)(c), the state 293 university or private college or university that enrolls the 294 scholar may provide the difference in cost through grants or 295 waivers. 296 Section 2. This act shall take effect July 1, 2010.