HB 5201

1	A bill to be entitled
2	An act relating to postsecondary education funding;
3	amending s. 295.02, F.S.; revising provisions relating to
4	the use of funds to pay postsecondary education expenses
5	for children and spouses of certain members of the
6	military; amending s. 295.04, F.S.; providing a
7	definition; providing educational benefit award amounts
8	for students at public and nonpublic eligible
9	postsecondary education institutions; creating s. 1006.72,
10	F.S.; providing requirements for the licensing of
11	electronic library resources; requiring a process to
12	annually identify electronic library resources for
13	specified core categories; providing requirements for
14	statewide, postsecondary, 4-year degree, and 2-year degree
15	core resources; amending s. 1009.22, F.S.; requiring
16	students in workforce education programs to be classified
17	as residents or nonresidents for tuition purposes;
18	authorizing, rather than requiring, the State Board of
19	Education to adopt rules for use by district school boards
20	and community college boards of trustees in the
21	calculation of workforce education costs borne by
22	students; amending s. 1009.24, F.S.; authorizing certain
23	calculations for expenditures for need-based financial
24	aid; providing that a student who is awarded a prepaid
25	postsecondary tuition scholarship that is purchased, in
26	whole or in part, with private sector funds is exempt from
27	the payment of the tuition differential while the
28	scholarship is in effect; requiring certain reporting;
29	amending ss. 1009.534, 1009.535, and 1009.536, F.S.;
30	providing that the award amount for a Florida Academic
31	Scholar, Florida Medallion Scholar, and Florida Gold Seal
32	Vocational Scholar shall be specified in the General
33	Appropriations Act for the 2010-2011 academic year;
34	amending s. 1009.984, F.S.; providing that a student who
35	is awarded a prepaid postsecondary tuition scholarship
36	that is purchased, in whole or in part, with private
37	sector funds is exempt from the payment of the tuition
38	differential while the scholarship is in effect; amending
39	s. 1010.87, F.S.; providing that certain funds transferred
40	to the Workers' Compensation Administration Trust Fund in
41	the Department of Education shall revert to the Workers'
42	Compensation Administration Trust Fund in the Department
43	of Financial Services; amending s. 1011.32, F.S.; revising
44	the date for transmittal to the Legislature of information
45	relating to the Community College Facility Enhancement
46	Challenge Grant Program; amending s. 1011.80, F.S.;
47	requiring students in workforce education programs to be
48	classified as residents or nonresidents for tuition
49	purposes; amending s. 1011.83, F.S.; deleting certain
50	provisions relating to funds appropriated for
51	baccalaureate degree programs conducted by community
52	colleges; amending s. 1011.84, F.S.; requiring the
53	Department of Education to estimate certain community
54	college enrollments separately; reducing the number of
55	fiscal years to be covered in each annual estimation;
56	requiring a community college that grants baccalaureate
57	degrees to report certain expenditures separately;
58	amending s. 1013.79, F.S.; revising the date for
59	transmittal to the Legislature of information relating to
60	the University Facility Enhancement Challenge Grant
61	Program; repealing s. 1009.5385, F.S., relating to the use
62	of certain scholarship funds by children of deceased or
63	disabled veterans; providing an effective date.
64
65	Be It Enacted by the Legislature of the State of Florida:
66
67	Section 1.  Section 295.02, Florida Statutes, is amended to
68	read:
69	295.02  Use of funds; age, etc.-
70	(1)  Sums appropriated and expended to carry out the
71	provisions of s. 295.01(1) may shall be used to pay tuition and
72	registration fees, board, and room rent and to buy books and
73	supplies for the children of deceased or disabled veterans or
74	servicemembers, as defined and limited in s. 295.01, s. 295.016,
75	s. 295.017, s. 295.018, s. 295.0185, s. 295.019, or s. 295.0195,
76	or of parents classified as prisoners of war or missing in
77	action, as defined and limited in s. 295.015, who are between
78	the ages of 16 and 22 years and who are in attendance at an
79	eligible postsecondary education a state-supported institution
80	as defined in s. 295.04 of higher learning, including a
81	community college or career center. Any child having entered
82	upon a course of training or education under the provisions of
83	this chapter, consisting of a course of not more than 4 years,
84	and arriving at the age of 22 years before the completion of
85	such course may continue the course and receive all benefits of
86	the provisions of this chapter until the course is completed.
87	(2)  Sums appropriated and expended to carry out the
88	provisions of s. 295.01(2) may shall be used to pay tuition and
89	registration fees, board, and room rent and to buy books and
90	supplies for the spouses of deceased or disabled veterans or
91	servicemembers, as defined and limited in s. 295.01, who are
92	enrolled at an eligible postsecondary education a state-
93	supported institution as defined in s. 295.04 of higher
94	learning, including a community college or career center.
95	(3)  Notwithstanding the benefits-disbursement provision in
96	s. 295.04, such funds shall be applicable for up to 110 percent
97	of the number of required credit hours of an initial
98	baccalaureate degree or certificate program for which the
99	student spouse is enrolled.
100	(4)(3)  The Department of Education shall administer this
101	educational program subject to regulations of the department.
102	Section 2.  Section 295.04, Florida Statutes, is amended to
103	read:
104	295.04  Appropriation; benefits.-
105	(1)  The sum necessary for the purposes of this chapter
106	shall be appropriated in the General Appropriations Act for each
107	fiscal year, provided that no student shall receive an amount in
108	excess of tuition and registration fees.
109	(2)  As used in this section, an "eligible postsecondary
110	education institution" means an institution described in s.
111	1009.533.
112	(3)(a)  A student who is enrolled in a public eligible
113	postsecondary education institution is eligible for an award
114	equal to the amount required to pay tuition and registration
115	fees or the amount specified in the General Appropriations Act.
116	(b)  A student enrolled in a nonpublic eligible
117	postsecondary education institution is eligible for an award
118	equal to the amount that would be required to pay for the
119	average tuition and registration fees of a public postsecondary
120	education institution at the comparable level or the amount
121	specified in the General Appropriations Act.
122	(4)  Only students in good standing in their respective
123	institutions shall receive the benefits under this section
124	thereof, and no student shall receive such benefits for more
125	than 12 quarters, 8 semesters, or 8 trimesters.
126	Section 3.  Section 1006.72, Florida Statutes, is created
127	to read:
128	1006.72  Licensing electronic library resources.-
129	(1)  FINDINGS.-The Legislature finds that the most cost
130	efficient and effective means of licensing electronic library
131	resources requires that Florida colleges and state universities
132	collaborate with school districts and public libraries in the
133	identification and acquisition of such resources needed by more
134	than one sector.
135	(2)  PROCESS TO IDENTIFY RESOURCES.-Library staff from
136	Florida colleges, state universities, school districts, and
137	public libraries shall implement a process that annually
138	identifies the electronic library resources for each of the core
139	categories established in this section. To the extent possible,
140	the Florida Electronic Library, the Florida Center for Library
141	Automation, and the College Center for Library Automation shall
142	jointly coordinate this annual process.
143	(3)  STATEWIDE CORE RESOURCES.-For purposes of the Florida
144	Electronic Library's licensing of electronic library resources
145	with funds allocated by the Federal Government, library
146	representatives from public libraries, school districts, Florida
147	colleges, and state universities shall identify the statewide
148	core resources that will be available to all students, teachers,
149	and citizens of the state.
150	(4)  POSTSECONDARY EDUCATION CORE RESOURCES.-For purposes
151	of the licensing of electronic library resources required by
152	both the Florida Center for Library Automation and the College
153	Center for Library Automation from funds appropriated to the
154	centers, Florida college and state university library staff
155	shall identify the postsecondary education core resources that
156	will be available to all postsecondary education students.
157	(5)  FOUR-YEAR DEGREE CORE RESOURCES.-For purposes of the
158	licensing of electronic library resources beyond the
159	postsecondary education core resources by the Florida Center for
160	Library Automation from funds appropriated to the center, state
161	university library staff, in consultation with Florida college
162	library staff, shall identify the 4-year degree core resources
163	that will be available to all 4-year degree seeking students in
164	the State University System and the Florida College System. The
165	Florida Center for Library Automation shall include in the
166	negotiated pricing model any Florida college interested in
167	licensing a resource.
168	(6)  TWO-YEAR DEGREE CORE RESOURCES.-For purposes of the
169	licensing of electronic library resources beyond the
170	postsecondary education core resources by the College Center for
171	Library Automation from funds appropriated to the center,
172	Florida college library staff shall identify the 2-year degree
173	core resources that will be available to all Florida college
174	students. The College Center for Library Automation shall
175	include in the negotiated pricing model any state university
176	interested in licensing a resource.
177	Section 4.  Subsection (1), paragraph (g) of subsection
178	(3), and subsection (11) of section 1009.22, Florida Statutes,
179	are amended to read:
180	1009.22  Workforce education postsecondary student fees.-
181	(1)(a)  This section applies to students enrolled in
182	workforce education programs who are reported for funding,
183	except that college credit fees for the community colleges are
184	governed by s. 1009.23.
185	(b)  Students shall be classified by school districts and
186	community colleges as residents or nonresidents for the purpose
187	of assessing tuition in workforce education programs. Resident
188	status shall be determined in the same manner as resident status
189	for tuition purposes pursuant to s. 1009.21.
190	(3)
191	(g)  The State Board of Education may shall adopt, by rule,
192	the definitions and procedures that district school boards and
193	community college boards of trustees shall use in the
194	calculation of cost borne by students.
195	(11)  Any school district or community college that reports
196	students who have not paid fees in an approved manner in
197	calculations of full-time equivalent enrollments for state
198	funding purposes shall be penalized at a rate equal to 2 times
199	the value of such enrollments. Such penalty shall be charged
200	against the following year's allocation from workforce education
201	funds or the Community College Program Fund and shall revert to
202	the General Revenue Fund. The State Board of Education shall
203	specify, as necessary in rule, approved methods of student fee
204	payment. Such methods must include, but need not be limited to,
205	student fee payment; payment through federal, state, or
206	institutional financial aid; and employer fee payments.
207	Section 5.  Paragraphs (a), (b), and (e) of subsection (16)
208	of section 1009.24, Florida Statutes, are amended to read:
209	1009.24  State university student fees.-
210	(16)  Each university board of trustees may establish a
211	tuition differential for undergraduate courses upon receipt of
212	approval from the Board of Governors. The tuition differential
213	shall promote improvements in the quality of undergraduate
214	education and shall provide financial aid to undergraduate
215	students who exhibit financial need.
216	(a)  Seventy percent of the revenues from the tuition
217	differential shall be expended for purposes of undergraduate
218	education. Such expenditures may include, but are not limited
219	to, increasing course offerings, improving graduation rates,
220	increasing the percentage of undergraduate students who are
221	taught by faculty, decreasing student-faculty ratios, providing
222	salary increases for faculty who have a history of excellent
223	teaching in undergraduate courses, improving the efficiency of
224	the delivery of undergraduate education through academic
225	advisement and counseling, and reducing the percentage of
226	students who graduate with excess hours. This expenditure for
227	undergraduate education may not be used to pay the salaries of
228	graduate teaching assistants. Except as otherwise provided in
229	this subsection, the remaining 30 percent of the revenues from
230	the tuition differential, or the equivalent amount of revenue
231	from private sources, shall be expended to provide financial aid
232	to undergraduate students who exhibit financial need to meet the
233	cost of university attendance. This expenditure for need-based
234	financial aid shall not supplant the amount of need-based aid
235	provided to undergraduate students in the preceding fiscal year
236	from financial aid fee revenues, the direct appropriation for
237	financial assistance provided to state universities in the
238	General Appropriations Act, or from private sources. The total
239	amount of tuition differential exempted under subparagraph (b)7.
240	and the total amount of tuition differential waived under
241	subparagraph (b)9. may be included in calculating the
242	expenditures for need-based financial aid to undergraduate
243	students required by this subsection.
244	(b)  Each tuition differential is subject to the following
245	conditions:
246	1.  The tuition differential may be assessed on one or more
247	undergraduate courses or on all undergraduate courses at a state
248	university.
249	2.  The tuition differential may vary by course or courses,
250	campus or center location, and by institution. Each university
251	board of trustees shall strive to maintain and increase
252	enrollment in degree programs related to math, science, high
253	technology, and other state or regional high-need fields when
254	establishing tuition differentials by course.
255	3.  For each state university that has total research and
256	development expenditures for all fields of at least $100 million
257	per year as reported annually to the National Science
258	Foundation, the aggregate sum of tuition and the tuition
259	differential may not be increased by more than 15 percent of the
260	total charged for the aggregate sum of these fees in the
261	preceding fiscal year. For each state university that has total
262	research and development expenditures for all fields of less
263	than $100 million per year as reported annually to the National
264	Science Foundation, the aggregate sum of tuition and the tuition
265	differential may not be increased by more than 15 percent of the
266	total charged for the aggregate sum of these fees in the
267	preceding fiscal year.
268	4.  The aggregate sum of undergraduate tuition and fees per
269	credit hour, including the tuition differential, may not exceed
270	the national average of undergraduate tuition and fees at 4-year
271	degree-granting public postsecondary educational institutions.
272	5.  The tuition differential may not be calculated as a
273	part of the scholarship programs established in ss. 1009.53-
274	1009.538.
275	6.  Beneficiaries having prepaid tuition contracts pursuant
276	to s. 1009.98(2)(b) which were in effect on July 1, 2007, and
277	which remain in effect, are exempt from the payment of the
278	tuition differential.
279	7.  A student who is awarded a prepaid postsecondary
280	tuition scholarship that is purchased, in whole or in part, with
281	private sector funds pursuant to s. 1009.984 is exempt from the
282	payment of the tuition differential while the scholarship
283	remains in effect.
284	8.7.  The tuition differential may not be charged to any
285	student who was in attendance at the university before July 1,
286	2007, and who maintains continuous enrollment.
287	9.8.  The tuition differential may be waived by the
288	university for students who meet the eligibility requirements
289	for the Florida public student assistance grant established in
290	s. 1009.50.
291	10.9.  Subject to approval by the Board of Governors, the
292	tuition differential authorized pursuant to this subsection may
293	take effect with the 2009 fall term.
294	(e)  The Board of Governors shall submit a report to the
295	President of the Senate, the Speaker of the House of
296	Representatives, and the Governor describing the implementation
297	of the provisions of this subsection no later than January 1,
298	2010, and no later than January 1 each year thereafter. The
299	report shall summarize proposals received by the board during
300	the preceding fiscal year and actions taken by the board in
301	response to such proposals. In addition, the report shall
302	provide the following information for each university that has
303	been approved by the board to assess a tuition differential:
304	1.  The course or courses for which the tuition
305	differential was assessed and the amount assessed.
306	2.  The total revenues generated by the tuition
307	differential.
308	3.  With respect to waivers authorized under subparagraph
309	(b)9.8., the number of students eligible for a waiver, the
310	number of students receiving a waiver, and the value of waivers
311	provided.
312	4.  Detailed expenditures of the revenues generated by the
313	tuition differential.
314	5.  Changes in retention rates, graduation rates, the
315	percentage of students graduating with more than 110 percent of
316	the hours required for graduation, pass rates on licensure
317	examinations, the number of undergraduate course offerings, the
318	percentage of undergraduate students who are taught by faculty,
319	student-faculty ratios, and the average salaries of faculty who
320	teach undergraduate courses.
321	6.  With respect to the exemption provided under
322	subparagraph (b)7., the number of students eligible for the
323	exemption and the value of the exemptions provided.
324	Section 6.  Subsection (5) of section 1009.534, Florida
325	Statutes, is amended to read:
326	1009.534  Florida Academic Scholars award.-
327	(5)  Notwithstanding subsections (2) and (4), a Florida
328	Academic Scholar is eligible for an award equal to the amount
329	specified in the General Appropriations Act for the 2010-2011
330	2009-2010 academic year. This subsection expires July 1, 2011
331	2010.
332	Section 7.  Subsection (4) of section 1009.535, Florida
333	Statutes, is amended to read:
334	1009.535  Florida Medallion Scholars award.-
335	(4)  Notwithstanding subsection (2), a Florida Medallion
336	Scholar is eligible for an award equal to the amount specified
337	in the General Appropriations Act for the 2010-2011 2009-2010
338	academic year. This subsection expires July 1, 2011 2010.
339	Section 8.  Subsection (5) of section 1009.536, Florida
340	Statutes, is amended to read:
341	1009.536  Florida Gold Seal Vocational Scholars award.-The
342	Florida Gold Seal Vocational Scholars award is created within
343	the Florida Bright Futures Scholarship Program to recognize and
344	reward academic achievement and career preparation by high
345	school students who wish to continue their education.
346	(5)  Notwithstanding subsection (2), a Florida Gold Seal
347	Vocational Scholar is eligible for an award equal to the amount
348	specified in the General Appropriations Act for the 2010-2011
349	2009-2010 academic year. This subsection expires July 1, 2011
350	2010.
351	Section 9.  Section 1009.984, Florida Statutes, is amended
352	to read:
353	1009.984  Florida Prepaid Tuition Scholarship Program.-The
354	Florida Prepaid Tuition Scholarship Program is established to
355	provide economically disadvantaged youth with prepaid
356	postsecondary tuition scholarships. A student who is awarded a
357	prepaid postsecondary tuition scholarship that is purchased, in
358	whole or in part, with private sector funds under this section
359	is exempt from the payment of the tuition differential assessed
360	pursuant to s. 1009.24(16) while the scholarship remains in
361	effect. The direct-support organization established pursuant to
362	s. 1009.983 shall administer the program with the assistance and
363	cooperation of the Department of Education to:
364	(1)  Provide an incentive for economically disadvantaged
365	youth to improve school attendance and academic performance in
366	order to graduate and pursue a postsecondary education.
367	(2)  Obtain the commitment and involvement of private
368	sector entities by virtue of funding matches with a ratio of 50
369	percent provided by the private sector and 50 percent provided
370	by the state.
371	(3)  Purchase prepaid tuition scholarships for students
372	certified by the Department of Education to the direct-support
373	organization who meet minimum economic and school requirements
374	and remain drug free and crime free.
375	(a)  For the purpose of this subsection, "drug free" means
376	not being convicted of, or adjudicated delinquent for, any
377	violation of chapter 893 after being designated a recipient of a
378	Florida prepaid tuition scholarship.
379	(b)  For the purpose of this subsection, "crime free" means
380	not being convicted of, or adjudicated delinquent for, any
381	felony or first degree misdemeanor as defined in ss. 775.08 and
382	775.081 after being designated a recipient of a Florida prepaid
383	tuition scholarship.
384	Section 10.  Subsection (2) of section 1010.87, Florida
385	Statutes, is amended to read:
386	1010.87  Workers' Compensation Administration Trust Fund
387	within the Department of Education.-
388	(2)  Funds appropriated by nonoperating transfer from the
389	Workers' Compensation Administration Trust Fund in the
390	Department of Financial Services that remain unencumbered as of
391	June 30 or undisbursed as of September 30 shall revert to the
392	Workers' Compensation Administration Trust Fund in the
393	Department of Financial Services. Notwithstanding the provisions
394	of s. 216.301 and pursuant to s. 216.351, any balance in the
395	trust fund at the end of any fiscal year shall remain in the
396	trust fund at the end of the year and shall be available for
397	carrying out the purposes of the trust fund.
398	Section 11.  Subsection (8) of section 1011.32, Florida
399	Statutes, is amended to read:
400	1011.32  Community College Facility Enhancement Challenge
401	Grant Program.-
402	(8)  By October 15 September 1 of each year, the State
403	Board of Education shall transmit to the Legislature a list of
404	projects which meet all eligibility requirements to participate
405	in the Community College Facility Enhancement Challenge Grant
406	Program and a budget request which includes the recommended
407	schedule necessary to complete each project.
408	Section 12.  Subsection (5) of section 1011.80, Florida
409	Statutes, is amended to read:
410	1011.80  Funds for operation of workforce education
411	programs.-
412	(5)  State funding and student fees for workforce education
413	instruction shall be established as follows:
414	(a)  For a continuing workforce education course, state
415	funding shall equal 50 percent of the cost of instruction, with
416	student fees, business support, quick-response training funds,
417	or other means making up the remaining 50 percent.
418	(b)  For all other workforce education programs, state
419	funding shall equal 75 percent of the average cost of
420	instruction with the remaining 25 percent made up from student
421	fees. Fees for courses within a program shall not vary according
422	to the cost of the individual program, but instead shall be
423	based on a uniform fee calculated and set at the state level, as
424	adopted by the State Board of Education, unless otherwise
425	specified in the General Appropriations Act.
426	(c)  For fee-exempt students pursuant to s. 1009.25, unless
427	otherwise provided for in law, state funding shall equal 100
428	percent of the average cost of instruction.
429	(d)  For a public educational institution that has been
430	fully funded by an external agency for direct instructional
431	costs of any course or program, the FTE generated shall not be
432	reported for state funding.
433
434	Students shall be classified by school districts and community
435	colleges as residents or nonresidents for the purpose of
436	assessing tuition in workforce education programs. Resident
437	status shall be determined in the same manner as resident status
438	for tuition purposes pursuant to s. 1009.21.
439	Section 13.  Section 1011.83, Florida Statutes, is amended
440	to read:
441	1011.83  Financial support of community colleges.-
442	(1)  Each community college that has been approved by the
443	Department of Education and meets the requirements of law and
444	rules of the State Board of Education shall participate in the
445	Community College Program Fund. However, funds to support
446	workforce education programs conducted by community colleges
447	shall be provided pursuant to s. 1011.80.
448	(2)  Funding for baccalaureate degree programs approved
449	pursuant to s. 1007.33 shall be specified in the General
450	Appropriations Act. A student in a baccalaureate degree program
451	approved pursuant to s. 1007.33 who is not classified as a
452	resident for tuition purposes pursuant to s. 1009.21 may not be
453	included in calculations of full-time equivalent enrollments for
454	state funding purposes.
455	(3)  Funds specifically appropriated by the Legislature for
456	baccalaureate degree programs approved pursuant to s. 1007.33
457	may be used only for such programs. A community college shall
458	fund the nonrecurring costs related to the initiation of a new
459	baccalaureate degree program under s. 1007.33 without new state
460	appropriations unless special grant funds are appropriated in
461	the General Appropriations Act. A new baccalaureate degree
462	program may not accept students without a recurring legislative
463	appropriation for this purpose.
464	(4)  State funding for baccalaureate degree programs
465	approved pursuant to s. 1007.33 shall be as provided in the
466	General Appropriations Act.
467	(5)  A community college that grants baccalaureate degrees
468	shall maintain reporting and funding distinctions between any
469	baccalaureate degree program approved under s. 1007.33 and any
470	other baccalaureate degree programs involving traditional
471	concurrent-use partnerships.
472	Section 14.  Paragraph (a) of subsection (3) of section
473	1011.84, Florida Statutes, is amended, and paragraph (g) is
474	added to that subsection, to read:
475	1011.84  Procedure for determining state financial support
476	and annual apportionment of state funds to each community
477	college district.-The procedure for determining state financial
478	support and the annual apportionment to each community college
479	district authorized to operate a community college under the
480	provisions of s. 1001.61 shall be as follows:
481	(3)  DETERMINING THE APPORTIONMENT FROM STATE FUNDS.-
482	(a)  By December 15 of each year, the Department of
483	Education shall estimate the annual enrollment of each community
484	college for the current fiscal year and for the 3 6 subsequent
485	fiscal years. These estimates shall be based upon prior years'
486	enrollments, upon the initial fall term enrollments for the
487	current fiscal year for each college, and upon each college's
488	estimated current enrollment and demographic changes in the
489	respective community college districts. Upper-division
490	enrollment shall be estimated separately from lower-division
491	enrollment.
492	(g)  Expenditures for upper-division enrollment in a
493	community college that grants baccalaureate degrees shall be
494	reported separately from expenditures for lower-division
495	enrollment, in accordance with law and State Board of Education
496	rule.
497	Section 15.  Subsection (8) of section 1013.79, Florida
498	Statutes, is amended to read:
499	1013.79  University Facility Enhancement Challenge Grant
500	Program.-
501	(8)  By October 15 1 of each year, the Board of Governors
502	shall transmit to the Legislature a list of projects that meet
503	all eligibility requirements to participate in the Alec P.
504	Courtelis University Facility Enhancement Challenge Grant
505	Program and a budget request that includes the recommended
506	schedule necessary to complete each project.
507	Section 16.  Section 1009.5385, Florida Statutes, is
508	repealed.
509	Section 17.  This act shall take effect July 1, 2010.

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