Florida Senate - 2010                                    SB 2642
       
       
       
       By Senator Baker
       
       
       
       
       20-01427-10                                           20102642__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Bright Futures
    3         Scholarship Program; amending s. 1009.53, F.S.;
    4         revising the Florida Bright Futures Scholarship
    5         Program beginning with initial awards to students for
    6         the 2011 fall term; amending s. 1009.531, F.S.,
    7         relating to student eligibility requirements for
    8         initial awards, to conform to changes made by the act;
    9         updating a cross-reference to high school graduation
   10         requirements; creating s. 1009.5315, F.S.; providing
   11         that, for students receiving initial awards beginning
   12         with the 2011 fall term, the Florida Bright Futures
   13         Scholarship Program shall consist of five levels of
   14         awards; specifying student eligibility requirements
   15         and award amounts for each level of award; defining
   16         the term “tuition and fees” for purposes of award
   17         amounts; providing requirements for renewal of awards;
   18         amending s. 1009.532, F.S., relating to student
   19         eligibility requirements for renewal awards, to
   20         conform to changes made by the act; amending s.
   21         1009.538, F.S., relating to the calculation of awards
   22         for students attending nonpublic institutions, to
   23         conform to changes made by the act; amending s.
   24         1009.24, F.S., relating to state university student
   25         fees, to conform to changes made by the act; providing
   26         that the tuition differential shall be included in the
   27         calculation of Florida Bright Futures Scholarship
   28         Program award amounts beginning with initial awards to
   29         students for the 2011 fall term; providing an
   30         effective date.
   31  
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Subsections (2) and (3), paragraph (a) of
   35  subsection (4), and subsection (7) of section 1009.53, Florida
   36  Statutes, are amended to read:
   37         1009.53 Florida Bright Futures Scholarship Program.—
   38         (2) The Bright Futures Scholarship Program consists of
   39  three types of awards: the Florida Academic Scholarship, the
   40  Florida Medallion Scholarship, and the Florida Gold Seal
   41  Vocational Scholarship. Beginning with initial awards for the
   42  2011 fall term, the Bright Futures Scholarship Program consists
   43  of five levels of Florida Bright Futures Scholarships.
   44         (3) The Department of Education shall administer the Bright
   45  Futures Scholarship Program according to rules and procedures
   46  established by the State Board of Education. A single
   47  application must be sufficient for a student to apply for any of
   48  the three types of awards or for any of the five levels of
   49  awards beginning with initial awards for the 2011 fall term. The
   50  department must advertise the availability of the scholarship
   51  program and must notify students, teachers, parents, guidance
   52  counselors, and principals or other relevant school
   53  administrators of the criteria and application procedures. The
   54  department must begin this process of notification no later than
   55  January 1 of each year.
   56         (4) Funding for the Bright Futures Scholarship Program must
   57  be allocated from the Education Enhancement Trust Fund and must
   58  be provided before allocations from that fund are calculated for
   59  disbursement to other educational entities.
   60         (a) If funds appropriated are not adequate to provide the
   61  maximum allowable award to each eligible applicant, awards in
   62  all three components of the program or in all five levels of the
   63  program beginning with initial awards for the 2011 fall term
   64  must be prorated using the same percentage reduction.
   65         (7) A student may receive only one type or level of award
   66  from the Florida Bright Futures Scholarship Program at a time,
   67  but may transfer from one type or level of award to another
   68  through the renewal application process, if the student’s
   69  eligibility status changes. However, a student is not eligible
   70  to transfer from a Florida Medallion Scholarship or a Florida
   71  Gold Seal Vocational Scholarship to a Florida Academic
   72  Scholarship. A student who receives an award from the program
   73  may also receive a federal family education loan or a federal
   74  direct loan, and the value of the award must be considered in
   75  the certification or calculation of the student’s loan
   76  eligibility.
   77         Section 2. Subsections (1), (4), and (5) of section
   78  1009.531, Florida Statutes, are amended to read:
   79         1009.531 Florida Bright Futures Scholarship Program;
   80  student eligibility requirements for initial awards.—
   81         (1) Effective January 1, 2008, In order to be eligible for
   82  an initial award from any of the three types of scholarships or
   83  for an initial award beginning with the 2011 fall term from any
   84  of the five levels of scholarships under the Florida Bright
   85  Futures Scholarship Program, a student must:
   86         (a) Be a Florida resident as defined in s. 1009.40 and
   87  rules of the State Board of Education.
   88         (b) Earn a standard Florida high school diploma or its
   89  equivalent as described in s. 1003.428, s. 1003.429, s. 1003.43,
   90  or s. 1003.435 unless:
   91         1. The student completes a home education program according
   92  to s. 1002.41; or
   93         2. The student earns a high school diploma from a non
   94  Florida school while living with a parent or guardian who is on
   95  military or public service assignment away from Florida.
   96         (c) Be accepted by and enroll in an eligible Florida public
   97  or independent postsecondary education institution.
   98         (d) Be enrolled for at least 6 semester credit hours or the
   99  equivalent in quarter hours or clock hours.
  100         (e) Not have been found guilty of, or entered a plea of
  101  nolo contendere to, a felony charge, unless the student has been
  102  granted clemency by the Governor and Cabinet sitting as the
  103  Executive Office of Clemency.
  104         (f) Apply for a scholarship from the program by high school
  105  graduation.
  106         (4) Each school district shall annually provide to each
  107  high school student a complete and accurate Florida Bright
  108  Futures Scholarship Evaluation Report and Key. The report shall
  109  be disseminated at the beginning of each school year. The report
  110  must include all high school coursework attempted, the number of
  111  credits earned toward each type or level of award, and the
  112  calculation of the grade point average for each type or level of
  113  award. The report must also identify all requirements not met
  114  per type or level of award, including the grade point average
  115  requirement, as well as identify the types or levels of awards
  116  for which the student has met the academic requirements. The
  117  student report cards must contain a disclosure that the grade
  118  point average calculated for purposes of the Florida Bright
  119  Futures Scholarship Program may differ from the grade point
  120  average on the report card.
  121         (5) A student who wishes to qualify for a particular type
  122  or level of award within the Florida Bright Futures Scholarship
  123  Program, but who does not meet all of the requirements for that
  124  type or level of award, may, nevertheless, receive the award for
  125  that type or level if the principal of the student’s school or
  126  the district superintendent verifies that the deficiency is
  127  caused by the fact that school district personnel provided
  128  inaccurate or incomplete information to the student. The school
  129  district must provide a means for the student to correct the
  130  deficiencies and the student must correct them, either by
  131  completing comparable work at the postsecondary institution or
  132  by completing a directed individualized study program developed
  133  and administered by the school district. If the student does not
  134  complete the requirements by December 31 immediately following
  135  high school graduation, the student is ineligible to participate
  136  in the program.
  137         Section 3. Section 1009.5315, Florida Statutes, is created
  138  to read:
  139         1009.5315 Florida Bright Futures Scholarship Program
  140  awards.—
  141         (1) For students receiving initial awards beginning with
  142  the 2011 fall term, the Florida Bright Futures Scholarship
  143  Program shall consist of five levels of awards. A student is
  144  eligible for one of the five levels of awards if the student
  145  meets the general eligibility requirements for the program under
  146  s. 1009.531 and the requirements for one of the five levels as
  147  follows:
  148         (a) A Level I award requires that the student:
  149         1.a. Has achieved at least a 3.0 weighted grade point
  150  average as calculated pursuant to s. 1009.531, or its
  151  equivalent, in high school courses that are designated by the
  152  State Board of Education as college preparatory academic courses
  153  and has attained a score of at least 970 on the combined reading
  154  and mathematics sections of the SAT Reasoning Test or an
  155  equivalent score on the ACT Assessment Program; or
  156         b. Has completed a college preparatory curriculum in a home
  157  education program pursuant to s. 1002.41 during grades 11 and 12
  158  that has been documented through a transcript approved by the
  159  Department of Education, has completed the International
  160  Baccalaureate curriculum but failed to earn the International
  161  Baccalaureate Diploma, or has completed the Advanced
  162  International Certificate of Education curriculum but failed to
  163  earn the Advanced International Certificate of Education
  164  Diploma, and has attained a score of at least 970 on the
  165  combined reading and mathematics sections of the SAT Reasoning
  166  Test or an equivalent score on the ACT Assessment Program.
  167         2. Has completed a program of community service work, as
  168  approved by the district school board or the administrators of a
  169  nonpublic school, which shall include a minimum of 75 hours of
  170  service work and require the student to identify a social
  171  problem that interests him or her, develop a plan for his or her
  172  personal involvement in addressing the problem, and, through
  173  papers or other presentations, evaluate and reflect upon his or
  174  her experience.
  175         (b) A Level II award requires that the student:
  176         1.a. Has achieved at least a 3.5 weighted grade point
  177  average as calculated pursuant to s. 1009.531, or its
  178  equivalent, in high school courses that are designated by the
  179  State Board of Education as college preparatory academic courses
  180  and has attained a score of at least 1100 on the combined
  181  reading and mathematics sections of the SAT Reasoning Test or an
  182  equivalent score on the ACT Assessment Program; or
  183         b. Has completed a college preparatory curriculum in a home
  184  education program pursuant to s. 1002.41 during grades 11 and 12
  185  that has been documented through a transcript approved by the
  186  Department of Education, has completed the International
  187  Baccalaureate curriculum but failed to earn the International
  188  Baccalaureate Diploma, or has completed the Advanced
  189  International Certificate of Education curriculum but failed to
  190  earn the Advanced International Certificate of Education
  191  Diploma, and has attained a score of at least 1100 on the
  192  combined reading and mathematics sections of the SAT Reasoning
  193  Test or an equivalent score on the ACT Assessment Program.
  194         2. Has completed a program of community service work, as
  195  approved by the district school board or the administrators of a
  196  nonpublic school, which shall include a minimum of 75 hours of
  197  service work and require the student to identify a social
  198  problem that interests him or her, develop a plan for his or her
  199  personal involvement in addressing the problem, and, through
  200  papers or other presentations, evaluate and reflect upon his or
  201  her experience.
  202         (c) A Level III award requires that the student:
  203         1.a. Has achieved at least a 3.5 weighted grade point
  204  average as calculated pursuant to s. 1009.531, or its
  205  equivalent, in high school courses that are designated by the
  206  State Board of Education as college preparatory academic courses
  207  and has attained a score of at least 1200 on the combined
  208  reading and mathematics sections of the SAT Reasoning Test or an
  209  equivalent score on the ACT Assessment Program; or
  210         b. Has completed a college preparatory curriculum in a home
  211  education program pursuant to s. 1002.41 during grades 11 and 12
  212  that has been documented through a transcript approved by the
  213  Department of Education, has completed the International
  214  Baccalaureate curriculum but failed to earn the International
  215  Baccalaureate Diploma, or has completed the Advanced
  216  International Certificate of Education curriculum but failed to
  217  earn the Advanced International Certificate of Education
  218  Diploma, and has attained a score of at least 1200 on the
  219  combined reading and mathematics sections of the SAT Reasoning
  220  Test or an equivalent score on the ACT Assessment Program.
  221         2. Has completed a program of community service work, as
  222  approved by the district school board or the administrators of a
  223  nonpublic school, which shall include a minimum of 75 hours of
  224  service work and require the student to identify a social
  225  problem that interests him or her, develop a plan for his or her
  226  personal involvement in addressing the problem, and, through
  227  papers or other presentations, evaluate and reflect upon his or
  228  her experience.
  229         (d) A Level IV award requires that the student:
  230         1.a. Has achieved at least a 3.5 weighted grade point
  231  average as calculated pursuant to s. 1009.531, or its
  232  equivalent, in high school courses that are designated by the
  233  State Board of Education as college preparatory academic courses
  234  and has attained a score of at least 1300 on the combined
  235  reading and mathematics sections of the SAT Reasoning Test or an
  236  equivalent score on the ACT Assessment Program;
  237         b. Has completed a college preparatory curriculum in a home
  238  education program pursuant to s. 1002.41 during grades 11 and 12
  239  that has been documented through a transcript approved by the
  240  Department of Education, has completed the International
  241  Baccalaureate curriculum but failed to earn the International
  242  Baccalaureate Diploma, or has completed the Advanced
  243  International Certificate of Education curriculum but failed to
  244  earn the Advanced International Certificate of Education
  245  Diploma, and has attained a score of at least 1300 on the
  246  combined reading and mathematics sections of the SAT Reasoning
  247  Test or an equivalent score on the ACT Assessment Program;
  248         c. Has been awarded an International Baccalaureate Diploma
  249  from the International Baccalaureate Office or an Advanced
  250  International Certificate of Education Diploma from the
  251  University of Cambridge International Examinations Office;
  252         d. Has been recognized by the merit or achievement programs
  253  of the National Merit Scholarship Corporation as a scholar or
  254  finalist; or
  255         e. Has been recognized by the National Hispanic Recognition
  256  Program as a scholar recipient.
  257         2. Has completed a program of community service work, as
  258  approved by the district school board or the administrators of a
  259  nonpublic school, which shall include a minimum of 75 hours of
  260  service work and require the student to identify a social
  261  problem that interests him or her, develop a plan for his or her
  262  personal involvement in addressing the problem, and, through
  263  papers or other presentations, evaluate and reflect upon his or
  264  her experience.
  265         (e) A Level V award requires that the student:
  266         1.a. Has achieved at least a 3.5 weighted grade point
  267  average as calculated pursuant to s. 1009.531, or its
  268  equivalent, in high school courses that are designated by the
  269  State Board of Education as college preparatory academic courses
  270  and has attained a score of at least 1400 on the combined
  271  reading and mathematics sections of the SAT Reasoning Test or an
  272  equivalent score on the ACT Assessment Program;
  273         b. Has completed a college preparatory curriculum in a home
  274  education program pursuant to s. 1002.41 during grades 11 and 12
  275  that has been documented through a transcript approved by the
  276  Department of Education, has completed the International
  277  Baccalaureate curriculum but failed to earn the International
  278  Baccalaureate Diploma, or has completed the Advanced
  279  International Certificate of Education curriculum but failed to
  280  earn the Advanced International Certificate of Education
  281  Diploma, and has attained a score of at least 1400 on the
  282  combined reading and mathematics sections of the SAT Reasoning
  283  Test or an equivalent score on the ACT Assessment Program;
  284         c. Has been awarded an International Baccalaureate Diploma
  285  from the International Baccalaureate Office or an Advanced
  286  International Certificate of Education Diploma from the
  287  University of Cambridge International Examinations Office and
  288  has attained a score of at least 1400 on the combined reading
  289  and mathematics sections of the SAT Reasoning Test or an
  290  equivalent score on the ACT Assessment Program;
  291         d. Has been recognized by the merit or achievement programs
  292  of the National Merit Scholarship Corporation as a scholar or
  293  finalist and has attained a score of at least 1400 on the
  294  combined reading and mathematics sections of the SAT Reasoning
  295  Test or an equivalent score on the ACT Assessment Program; or
  296         e. Has been recognized by the National Hispanic Recognition
  297  Program as a scholar recipient and has attained a score of at
  298  least 1400 on the combined reading and mathematics sections of
  299  the SAT Reasoning Test or an equivalent score on the ACT
  300  Assessment Program.
  301         2. Has completed a program of community service work, as
  302  approved by the district school board or the administrators of a
  303  nonpublic school, which shall include a minimum of 75 hours of
  304  service work and require the student to identify a social
  305  problem that interests him or her, develop a plan for his or her
  306  personal involvement in addressing the problem, and, through
  307  papers or other presentations, evaluate and reflect upon his or
  308  her experience.
  309         (2)(a) For purposes of this section, the term “tuition and
  310  fees” includes the following fees to the extent assessed by a
  311  community college or state university:
  312         1. Tuition.
  313         2. Financial aid fee.
  314         3. Activity and service fee.
  315         4. Health fee.
  316         5. Athletic fee.
  317         6. Capital improvement fee.
  318         7. Building fee.
  319         8. Transportation access fee.
  320         9. Student affairs facility use fee.
  321         10. Tuition differential fee.
  322         (b) Beginning with Florida Bright Futures Scholarships
  323  initially awarded for the 2011 fall term, the amount of awards
  324  pursuant to subsection (1) shall be as follows:
  325         1. A Level I award shall pay 100 percent of the cost of
  326  tuition and fees that a student incurs while enrolled in a
  327  certificate, diploma, or associate degree program at a community
  328  college or career center. A student who completes an associate
  329  degree program is eligible for a Level II award for the cost of
  330  tuition and fees for a baccalaureate degree program at a
  331  community college, a state university, or a comparable eligible
  332  independent postsecondary education institution pursuant to s.
  333  1009.533.
  334         2. A Level II award shall pay 25 percent of the cost of
  335  tuition and fees that a student incurs while enrolled in a
  336  baccalaureate degree program at a state university or a fixed
  337  amount calculated according to s. 1009.538 at a comparable
  338  eligible independent postsecondary education institution
  339  pursuant to s. 1009.533. A student who is eligible for a Level
  340  II award is eligible for a Level I award if the student enrolls
  341  at a community college or career center.
  342         3. A Level III award shall pay 50 percent of the cost of
  343  tuition and fees that a student incurs while enrolled in a
  344  baccalaureate degree program at a state university or a fixed
  345  amount calculated according to s. 1009.538 at a comparable
  346  eligible independent postsecondary education institution
  347  pursuant to s. 1009.533. A student who is eligible for a Level
  348  III award is eligible for a Level I award if the student enrolls
  349  at a community college or career center.
  350         4. A Level IV award shall pay 75 percent of the cost of
  351  tuition and fees that a student incurs while enrolled in a
  352  baccalaureate degree program at a state university or a fixed
  353  amount calculated according to s. 1009.538 at a comparable
  354  eligible independent postsecondary education institution
  355  pursuant to s. 1009.533. A student who is eligible for a Level
  356  IV award is eligible for a Level I award if the student enrolls
  357  at a community college or career center.
  358         5. A Level V award shall pay 100 percent of the cost of
  359  tuition and fees that a student incurs while enrolled in a
  360  baccalaureate degree program at a state university or a fixed
  361  amount calculated according to s. 1009.538 at a comparable
  362  eligible independent postsecondary education institution
  363  pursuant to s. 1009.533. A student who is eligible for a Level V
  364  award is eligible for a Level I award if the student enrolls at
  365  a community college or career center.
  366         (3) To be eligible to renew any of the five levels of
  367  awards, a student must maintain the equivalent of a cumulative
  368  grade point average of 3.0 on a 4.0 scale and meet the
  369  eligibility requirements for renewal under s. 1009.532.
  370         Section 4. Subsection (1) of section 1009.532, Florida
  371  Statutes, is amended to read:
  372         1009.532 Florida Bright Futures Scholarship Program;
  373  student eligibility requirements for renewal awards.—
  374         (1) To be eligible to renew a scholarship from any of the
  375  three types of scholarships or, beginning with initial awards
  376  for the 2011 fall term, from any of the five levels of
  377  scholarships under the Florida Bright Futures Scholarship
  378  Program, a student must:
  379         (a) Effective for students funded in the 2009-2010 academic
  380  year and thereafter, earn at least 24 semester credit hours or
  381  the equivalent in the last academic year in which the student
  382  earned a scholarship if the student was enrolled full time, or a
  383  prorated number of credit hours as determined by the Department
  384  of Education if the student was enrolled less than full time for
  385  any part of the academic year. If a student fails to earn the
  386  minimum number of hours required to renew the scholarship, the
  387  student shall lose his or her eligibility for renewal for a
  388  period equivalent to 1 academic year. Such student is eligible
  389  to restore the award the following academic year if the student
  390  earns the hours for which he or she was enrolled at the level
  391  defined by the department and meets the grade point average for
  392  renewal. A student is eligible for such restoration one time.
  393  The department shall notify eligible recipients of the
  394  provisions of this paragraph. Each institution shall notify
  395  award recipients of the provisions of this paragraph during the
  396  registration process.
  397         (b) Maintain the cumulative grade point average required by
  398  the scholarship program, except that:
  399         1. If a recipient’s grades fall beneath the average
  400  required to renew a Florida Academic Scholarship, but are
  401  sufficient to renew a Florida Medallion Scholarship or a Florida
  402  Gold Seal Vocational Scholarship, the Department of Education
  403  may grant a renewal from one of those other scholarship
  404  programs, if the student meets the renewal eligibility
  405  requirements;
  406         2. If, at any time during the eligibility period, a
  407  student’s grades are insufficient to renew the scholarship, the
  408  student may restore eligibility by improving the grade point
  409  average to the required level. A student is eligible for such a
  410  restoration one time. The Legislature encourages education
  411  institutions to assist students to calculate whether or not it
  412  is possible to raise the grade point average during the summer
  413  term. If the institution determines that it is possible, the
  414  education institution may so inform the department, which may
  415  reserve the student’s award if funds are available. The renewal,
  416  however, must not be granted until the student achieves the
  417  required cumulative grade point average. If the summer term is
  418  not sufficient to raise the grade point average to the required
  419  renewal level, the student’s next opportunity for renewal is the
  420  fall semester of the following academic year; or
  421         3. If a student is receiving a Florida Bright Futures
  422  Scholarship, is a servicemember of the Florida National Guard or
  423  United States Reserves while attending a postsecondary
  424  institution, is called to active duty or state active duty, as
  425  defined in s. 250.01, prior to completing his or her degree, and
  426  meets all other requirements for the scholarship, the student
  427  shall be eligible to continue the scholarship for 2 years after
  428  completing active duty or state active duty.
  429         (c) Reimburse or make satisfactory arrangements to
  430  reimburse the institution for the award amount received for
  431  courses dropped after the end of the drop and add period or
  432  courses from which the student withdraws after the end of the
  433  drop and add period unless the student has received an exception
  434  pursuant to s. 1009.53(11).
  435         Section 5. Section 1009.538, Florida Statutes, is amended
  436  to read:
  437         1009.538 Bright Futures Scholarship recipients attending
  438  nonpublic institutions; calculation of awards.—
  439         (1) Notwithstanding ss. 1009.53, 1009.534, 1009.535, and
  440  1009.536, a student who receives any award under the Florida
  441  Bright Futures Scholarship Program, who is enrolled in a
  442  nonpublic postsecondary education institution, and who is
  443  assessed tuition and fees that are the same as those of a full
  444  time student at that institution, shall receive a fixed award
  445  calculated by using the average tuition and fee calculation as
  446  prescribed by the Department of Education for full-time
  447  attendance at a public postsecondary education institution at
  448  the comparable level. If the student is enrolled part-time and
  449  is assessed tuition and fees at a reduced level, the award shall
  450  be either one-half of the maximum award or three-fourths of the
  451  maximum award, depending on the level of fees assessed.
  452         (2) Notwithstanding ss. 1009.53 and 1009.5315, a student
  453  who receives an initial award under the Florida Bright Futures
  454  Scholarship Program beginning with the 2011 fall term, who is
  455  enrolled in a nonpublic postsecondary education institution, and
  456  who is assessed tuition and fees that are the same as those of a
  457  full-time student at that institution shall receive a fixed
  458  award calculated by using the average tuition and fee
  459  calculation pursuant to s. 1009.5315 as prescribed by the
  460  Department of Education for full-time attendance at a public
  461  postsecondary education institution at the comparable level. If
  462  the student is enrolled part-time and is assessed tuition and
  463  fees at a reduced level, the award shall be either one-half of
  464  the maximum award or three-fourths of the maximum award,
  465  depending on the level of fees assessed.
  466         Section 6. Paragraph (d) of subsection (4) and paragraph
  467  (b) of subsection (16) of section 1009.24, Florida Statutes, are
  468  amended to read:
  469         1009.24 State university student fees.—
  470         (4)
  471         (d) The sum of the activity and service, health, and
  472  athletic fees a student is required to pay to register for a
  473  course shall not exceed 40 percent of the tuition established in
  474  law or in the General Appropriations Act. No university shall be
  475  required to lower any fee in effect on the effective date of
  476  this act in order to comply with this subsection. Within the 40
  477  percent cap, universities may not increase the aggregate sum of
  478  activity and service, health, and athletic fees more than 5
  479  percent per year unless specifically authorized in law or in the
  480  General Appropriations Act. A university may increase its
  481  athletic fee to defray the costs associated with changing
  482  National Collegiate Athletic Association divisions. Any such
  483  increase in the athletic fee may exceed both the 40 percent cap
  484  and the 5 percent cap imposed by this subsection. Any such
  485  increase must be approved by the athletic fee committee in the
  486  process outlined in subsection (12) and cannot exceed $2 per
  487  credit hour. Notwithstanding the provisions of ss. 1009.534,
  488  1009.535, and 1009.536, that portion of any increase in an
  489  athletic fee pursuant to this subsection that causes the sum of
  490  the activity and service, health, and athletic fees to exceed
  491  the 40 percent cap or the annual increase in such fees to exceed
  492  the 5 percent cap shall not be included in calculating the
  493  amount a student receives for a Florida Academic Scholars award,
  494  a Florida Medallion Scholars award, or a Florida Gold Seal
  495  Vocational Scholars award. Notwithstanding the provisions of s.
  496  1009.5315, that portion of any increase in an athletic fee
  497  pursuant to this subsection which causes the sum of the activity
  498  and service, health, and athletic fees to exceed the 40 percent
  499  cap or the annual increase in such fees to exceed the 5 percent
  500  cap shall not be included in calculating the amount a student
  501  receives for a Florida Bright Futures Scholarship Program award.
  502         (16) Each university board of trustees may establish a
  503  tuition differential for undergraduate courses upon receipt of
  504  approval from the Board of Governors. The tuition differential
  505  shall promote improvements in the quality of undergraduate
  506  education and shall provide financial aid to undergraduate
  507  students who exhibit financial need.
  508         (b) Each tuition differential is subject to the following
  509  conditions:
  510         1. The tuition differential may be assessed on one or more
  511  undergraduate courses or on all undergraduate courses at a state
  512  university.
  513         2. The tuition differential may vary by course or courses,
  514  campus or center location, and by institution. Each university
  515  board of trustees shall strive to maintain and increase
  516  enrollment in degree programs related to math, science, high
  517  technology, and other state or regional high-need fields when
  518  establishing tuition differentials by course.
  519         3. For each state university that has total research and
  520  development expenditures for all fields of at least $100 million
  521  per year as reported annually to the National Science
  522  Foundation, the aggregate sum of tuition and the tuition
  523  differential may not be increased by more than 15 percent of the
  524  total charged for the aggregate sum of these fees in the
  525  preceding fiscal year. For each state university that has total
  526  research and development expenditures for all fields of less
  527  than $100 million per year as reported annually to the National
  528  Science Foundation, the aggregate sum of tuition and the tuition
  529  differential may not be increased by more than 15 percent of the
  530  total charged for the aggregate sum of these fees in the
  531  preceding fiscal year.
  532         4. The aggregate sum of undergraduate tuition and fees per
  533  credit hour, including the tuition differential, may not exceed
  534  the national average of undergraduate tuition and fees at 4-year
  535  degree-granting public postsecondary educational institutions.
  536         5. The tuition differential may not be calculated as a part
  537  of the scholarship programs established in ss. 1009.53-1009.538.
  538  However, beginning with initial awards for the 2011 fall term
  539  under the Florida Bright Futures Scholarship Program, the
  540  tuition differential shall be included in the calculation for an
  541  award pursuant to ss. 1009.5315 and 1009.538.
  542         6. Beneficiaries having prepaid tuition contracts pursuant
  543  to s. 1009.98(2)(b) which were in effect on July 1, 2007, and
  544  which remain in effect, are exempt from the payment of the
  545  tuition differential.
  546         7. The tuition differential may not be charged to any
  547  student who was in attendance at the university before July 1,
  548  2007, and who maintains continuous enrollment.
  549         8. The tuition differential may be waived by the university
  550  for students who meet the eligibility requirements for the
  551  Florida public student assistance grant established in s.
  552  1009.50.
  553         9. Subject to approval by the Board of Governors, the
  554  tuition differential authorized pursuant to this subsection may
  555  take effect with the 2009 fall term.
  556         Section 7. This act shall take effect July 1, 2010.