Florida Senate - 2011 CONFERENCE COMMITTEE AMENDMENT
Bill No. SB 2150
Barcode 177676
LEGISLATIVE ACTION
Senate . House
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Floor: AD/CR .
05/06/2011 09:02 PM .
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The Conference Committee on SB 2150 recommended the following:
1 Senate Conference Committee Amendment (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Paragraph (dd) is added to subsection (8) of
7 section 213.053, Florida Statutes, as amended by chapter 2010
8 280, Laws of Florida, to read:
9 213.053 Confidentiality and information sharing.—
10 (8) Notwithstanding any other provision of this section,
11 the department may provide:
12 (dd) Information relative to s. 215.61(6) to the State
13 Board of Education, the Division of Bond Finance, and the Office
14 of Economic and Demographic Research.
15
16 Disclosure of information under this subsection shall be
17 pursuant to a written agreement between the executive director
18 and the agency. Such agencies, governmental or nongovernmental,
19 shall be bound by the same requirements of confidentiality as
20 the Department of Revenue. Breach of confidentiality is a
21 misdemeanor of the first degree, punishable as provided by s.
22 775.082 or s. 775.083.
23 Section 2. Subsection (6) is added to section 215.61,
24 Florida Statutes, to read:
25 215.61 State system of public education capital outlay
26 bonds.—
27 (6) In making the determination as required by subsection
28 (3) of the amount that can be serviced by the gross receipts
29 tax, the State Board of Education shall disregard the effects on
30 the reported gross receipts tax revenues collected during a tax
31 period of any refund paid by the Department of Revenue as a
32 direct result of a refund request made pursuant to the
33 settlement reached in In re: AT&T Mobility Wireless Data
34 Services Sales Litigation, 270 F.R.D. 330, (Aug. 11, 2010). The
35 Department of Revenue shall provide to the State Board of
36 Education, the Division of Bond Finance, and the Office of
37 Economic and Demographic Research the amount of any such refund
38 and the tax period in which the refund is included.
39 Section 3. Section 440.491, Florida Statutes, is amended to
40 read:
41 440.491 Reemployment of injured workers; rehabilitation.—
42 (1) DEFINITIONS.—As used in this section, the term:
43 (a) “Carrier” means group self-insurance funds or
44 individual self-insureds authorized under this chapter and
45 commercial funds or insurance entities authorized to write
46 workers’ compensation insurance under chapter 624.
47 (b) “Department” means the Department of Education.
48 (c) “Medical care coordination” includes, but is not
49 limited to, coordinating physical rehabilitation services such
50 as medical, psychiatric, or therapeutic treatment for the
51 injured employee, providing health training to the employee and
52 family, and monitoring the employee’s recovery. The purposes of
53 medical care coordination are to minimize the disability and
54 recovery period without jeopardizing medical stability, to
55 assure that proper medical treatment and other restorative
56 services are timely provided in a logical sequence, and to
57 contain medical costs.
58 (d) “Qualified Rehabilitation provider” means a
59 rehabilitation nurse, rehabilitation counselor, or vocational
60 evaluator providing, rehabilitation facility, or agency approved
61 by the Department of Education as qualified to provide
62 reemployment assessments, medical care coordination,
63 reemployment services, or vocational evaluations under this
64 section, possessing one or more of the following nationally
65 recognized rehabilitation provider credentials:
66 1. Certified Rehabilitation Registered Nurse, C.R.R.N.,
67 certified by the Association of Rehab Professionals.
68 2. Certified Rehabilitation Counselor, C.R.C., certified by
69 the Commission of Rehabilitation Counselor Certifications.
70 3. Certified Case Manager, C.C.M., certified by the
71 Commission for Case Management Certification.
72 4. Certified Disability Management Specialist, C.D.M.S.,
73 certified by the Certified Disability Management Specialist
74 Commission.
75 5. Certified Vocational Evaluator, C.V.E., certified by the
76 Commission of Rehabilitation Counselor Certification.
77 6. Certified Occupational Health Nurse, C.O.H.N., certified
78 by the American Board of Occupational Health Nurses chapter.
79 (e) “Reemployment assessment” means a written assessment
80 performed by a qualified rehabilitation provider which provides
81 a comprehensive review of the medical diagnosis, treatment, and
82 prognosis; includes conferences with the employer, physician,
83 and claimant; and recommends a cost-effective physical and
84 vocational rehabilitation plan to assist the employee in
85 returning to suitable gainful employment.
86 (f) “Reemployment services” means services that include,
87 but are not limited to, vocational counseling, job-seeking
88 skills training, ergonomic job analysis, transferable skills
89 analysis, selective job placement, labor market surveys, and
90 arranging other services such as education or training,
91 vocational and on-the-job, which may be needed by the employee
92 to secure suitable gainful employment.
93 (g) “Reemployment status review” means a review to
94 determine whether an injured employee is at risk of not
95 returning to work.
96 (h) “Suitable gainful employment” means employment or self
97 employment that is reasonably attainable in light of the
98 employee’s age, education, work history, transferable skills,
99 previous occupation, and injury, and which offers an opportunity
100 to restore the individual as soon as practicable and as nearly
101 as possible to his or her average weekly earnings at the time of
102 injury.
103 (i) “Vocational evaluation” means a review of the
104 employee’s physical and intellectual capabilities, his or her
105 aptitudes and achievements, and his or her work-related
106 behaviors to identify the most cost-effective means toward the
107 employee’s return to suitable gainful employment.
108 (2) INTENT.—It is the intent of this section to implement a
109 systematic review by carriers of the factors that are predictive
110 of longer-term disability and to encourage the provision of
111 medical care coordination and reemployment services that are
112 necessary to assist the employee in returning to work as soon as
113 is medically feasible.
114 (3) REEMPLOYMENT STATUS REVIEWS AND REPORTS.—
115 (a) When an employee who has suffered an injury compensable
116 under this chapter is unemployed 60 days after the date of
117 injury and is receiving benefits for temporary total disability,
118 temporary partial disability, or wage loss, and has not yet been
119 provided medical care coordination and reemployment services
120 voluntarily by the carrier, the carrier must determine whether
121 the employee is likely to return to work and must report its
122 determination to the department and the employee. The report
123 shall include the identification of both the carrier and the
124 employee, and the carrier claim number and any case number
125 assigned by the Office of Judges of Compensation Claims. The
126 carrier must thereafter determine the reemployment status of the
127 employee at 90-day intervals as long as the employee remains
128 unemployed, is not receiving medical care coordination or
129 reemployment services, and is receiving the benefits specified
130 in this subsection.
131 (b) If medical care coordination or reemployment services
132 are voluntarily undertaken within 60 days of the date of injury,
133 such services may continue to be provided as agreed by the
134 employee and the carrier.
135 (4) REEMPLOYMENT ASSESSMENTS.—
136 (a) The carrier may require the employee to receive a
137 reemployment assessment as it considers appropriate. However,
138 the carrier is encouraged to obtain a reemployment assessment
139 if:
140 1. The carrier determines that the employee is at risk of
141 remaining unemployed.
142 2. The case involves catastrophic or serious injury.
143 (b) The carrier shall authorize only a qualified
144 rehabilitation provider to provide the reemployment assessment.
145 The rehabilitation provider shall conduct its assessment and
146 issue a report to the carrier and, the employee, and the
147 department within 30 days after the time such assessment is
148 complete.
149 (c) If the rehabilitation provider recommends that the
150 employee receive medical care coordination or reemployment
151 services, the carrier shall advise the employee of the
152 recommendation and determine whether the employee wishes to
153 receive such services. The employee shall have 15 days after the
154 date of receipt of the recommendation in which to agree to
155 accept such services. If the employee elects to receive
156 services, the carrier may refer the employee to a rehabilitation
157 provider for such coordination or services within 15 days of
158 receipt of the assessment report or notice of the employee’s
159 election, whichever is later.
160 (5) MEDICAL CARE COORDINATION AND REEMPLOYMENT SERVICES.—
161 (a) Once the carrier has assigned a case to a qualified
162 rehabilitation provider for medical care coordination or
163 reemployment services, the provider shall develop a reemployment
164 plan and submit the plan to the carrier and the employee for
165 approval.
166 (b) If the rehabilitation provider concludes that training
167 and education are necessary to return the employee to suitable
168 gainful employment, or if the employee has not returned to
169 suitable gainful employment within 180 days after referral for
170 reemployment services or receives $2,500 in reemployment
171 services, whichever comes first, the carrier must discontinue
172 reemployment services and refer the employee to the department
173 for a vocational evaluation. Notwithstanding any provision of
174 chapter 289 or chapter 627, the cost of a reemployment
175 assessment and the first $2,500 in reemployment services to an
176 injured employee must not be treated as loss adjustment expense
177 for workers’ compensation ratemaking purposes.
178 (c) A carrier may voluntarily provide medical care
179 coordination or reemployment services to the employee at
180 intervals more frequent than those required in this section. For
181 the purpose of monitoring reemployment, the carrier or the
182 rehabilitation provider shall report to the department, in the
183 manner prescribed by the department, the date of reemployment
184 and wages of the employee. The carrier shall report its
185 voluntary service activity to the department as required by
186 rule. Voluntary services offered by the carrier for any of the
187 following injuries must be considered benefits for purposes of
188 ratemaking: traumatic brain injury; spinal cord injury;
189 amputation, including loss of an eye or eyes; burns of 5 percent
190 or greater of the total body surface.
191 (d) If medical care coordination or reemployment services
192 have not been undertaken as prescribed in paragraph (3)(b), a
193 qualified rehabilitation service provider, facility, or agency
194 that performs a reemployment assessment shall not provide
195 medical care coordination or reemployment services for the
196 employees it assesses.
197 (6) TRAINING AND EDUCATION.—
198 (a) Upon referral of an injured employee by the carrier, or
199 upon the request of an injured employee, the department shall
200 conduct a training and education screening to determine whether
201 it should refer the employee for a vocational evaluation and, if
202 appropriate, approve training and education or other vocational
203 services for the employee. At the time of such referral, the
204 carrier shall provide the department a copy of any reemployment
205 assessment or reemployment plan provided to the carrier by a
206 rehabilitation provider. The department may not approve formal
207 training and education programs unless it determines, after
208 consideration of the reemployment assessment, pertinent
209 reemployment status reviews or reports, and such other relevant
210 factors as it prescribes by rule, that the reemployment plan is
211 likely to result in return to suitable gainful employment. The
212 department is authorized to expend moneys from the Workers’
213 Compensation Administration Trust Fund, established by s.
214 440.50, to secure appropriate training and education at a
215 Florida public college or at a career center established under
216 s. 1001.44, or to secure other vocational services when
217 necessary to satisfy the recommendation of a vocational
218 evaluator. As used in this paragraph, “appropriate training and
219 education” includes securing a general education diploma (GED),
220 if necessary. The department shall by rule establish training
221 and education standards pertaining to employee eligibility,
222 course curricula and duration, and associated costs. For
223 purposes of this subsection, training and education services may
224 be secured from additional providers if:
225 1. The injured employee currently holds an associate degree
226 and requests to earn a bachelor’s degree not offered by a
227 Florida public college located within 50 miles from his or her
228 customary residence;
229 2. The injured employee’s enrollment in an education or
230 training program in a Florida public college or career center
231 would be significantly delayed; or
232 3. The most appropriate training and education program is
233 available only through a provider other than a Florida public
234 college or career center or at a Florida public college or
235 career center located more than 50 miles from the injured
236 employee’s customary residence.
237 (b) When an employee who has attained maximum medical
238 improvement is unable to earn at least 80 percent of the
239 compensation rate and requires training and education to obtain
240 suitable gainful employment, the employer or carrier shall pay
241 the employee additional training and education temporary total
242 compensation benefits while the employee receives such training
243 and education for a period not to exceed 26 weeks, which period
244 may be extended for an additional 26 weeks or less, if such
245 extended period is determined to be necessary and proper by a
246 judge of compensation claims. The benefits provided under this
247 paragraph shall not be in addition to the 104 weeks as specified
248 in s. 440.15(2). However, a carrier or employer is not precluded
249 from voluntarily paying additional temporary total disability
250 compensation beyond that period. If an employee requires
251 temporary residence at or near a facility or an institution
252 providing training and education which is located more than 50
253 miles away from the employee’s customary residence, the
254 reasonable cost of board, lodging, or travel must be borne by
255 the department from the Workers’ Compensation Administration
256 Trust Fund established by s. 440.50. An employee who refuses to
257 accept training and education that is recommended by the
258 vocational evaluator and considered necessary by the department
259 will forfeit any additional training and education benefits and
260 any additional payment for lost wages under this chapter. The
261 department shall adopt rules to implement this section, which
262 shall include requirements placed upon the carrier shall to
263 notify the injured employee of the availability of training and
264 education benefits as specified in this chapter. The Department
265 of Financial Services shall also include information regarding
266 the eligibility for training and education benefits in
267 informational materials specified in ss. 440.207 and 440.40.
268 (7) PROVIDER QUALIFICATIONS.—
269 (a) The department shall investigate and maintain a
270 directory of each qualified public and private rehabilitation
271 provider, facility, and agency, and shall establish by rule the
272 minimum qualifications, credentials, and requirements that each
273 rehabilitation service provider, facility, and agency must
274 satisfy to be eligible for listing in the directory. These
275 minimum qualifications and credentials must be based on those
276 generally accepted within the service specialty for which the
277 provider, facility, or agency is approved.
278 (b) The department shall impose a biennial application fee
279 of $25 for each listing in the directory, and all such fees must
280 be deposited in the Workers’ Compensation Administration Trust
281 Fund.
282 (c) The department shall monitor and evaluate each
283 rehabilitation service provider, facility, and agency qualified
284 under this subsection to ensure its compliance with the minimum
285 qualifications and credentials established by the department.
286 The failure of a qualified rehabilitation service provider,
287 facility, or agency to provide the department with information
288 requested or access necessary for the department to satisfy its
289 responsibilities under this subsection is grounds for
290 disqualifying the provider, facility, or agency from further
291 referrals.
292 (d) A qualified rehabilitation service provider, facility,
293 or agency may not be authorized by an employer, a carrier, or
294 the department to provide any services, including expert
295 testimony, under this section in this state unless the provider,
296 facility, or agency is listed or has been approved for listing
297 in the directory. This restriction does not apply to services
298 provided outside this state under this section.
299 (e) The department, after consultation with representatives
300 of employees, employers, carriers, rehabilitation providers, and
301 qualified training and education providers, shall adopt rules
302 governing professional practices and standards.
303 (8) CARRIER PRACTICES.— The department shall monitor the
304 selection of providers and the provision of services by carriers
305 under this section for consistency with legislative intent set
306 forth in subsection (2).
307 (7)(9) PERMANENT DISABILITY.—The judge of compensation
308 claims may not adjudicate an injured employee as permanently and
309 totally disabled until or unless the carrier is given the
310 opportunity to provide a reemployment assessment.
311 Section 4. Paragraph (v) of subsection (3) of section
312 413.011, Florida Statutes, is amended to read:
313 413.011 Division of Blind Services, legislative policy,
314 intent; internal organizational structure and powers;
315 Rehabilitation Council for the Blind.—
316 (3) DIVISION STRUCTURE AND DUTIES.—The internal
317 organizational structure of the Division of Blind Services shall
318 be designed for the purpose of ensuring the greatest possible
319 efficiency and effectiveness of services to the blind and to be
320 consistent with chapter 20. The Division of Blind Services shall
321 plan, supervise, and carry out the following activities:
322 (v) Receive moneys or properties by gift or bequest from
323 any person, firm, corporation, or organization for any of the
324 purposes herein set out, but without authority to bind the state
325 to any expenditure or policy except such as may be specifically
326 authorized by law. All such moneys or properties so received by
327 gift or bequest as herein authorized may be disbursed and
328 expended by the division upon its own warrant for any of the
329 purposes herein set forth, and such moneys or properties shall
330 not constitute or be considered a part of any legislative
331 appropriation made by the state for the purpose of carrying out
332 the provisions of this law. When determined to be in the best
333 interest of the division, the division may lease property
334 received pursuant to this paragraph, and the Department of
335 Education may enter into leases of property and sublease
336 property on behalf of the division. Division and department
337 leases and subleases may be to governmental, public, or
338 nonprofit entities for the provision of blind, education,
339 health, and other social service programs.
340 Section 5. Subsection (2) of section 1004.091, Florida
341 Statutes, is amended to read:
342 1004.091 Florida Distance Learning Consortium.—
343 (2) The Florida Distance Learning Consortium shall:
344 (a) Manage and promote the Florida Higher Education
345 Distance Learning Catalog, established pursuant to s. 1004.09,
346 to help increase student access to undergraduate distance
347 learning courses and degree programs and to assist students
348 seeking accelerated access in order to complete their degrees.
349 (b) Beginning with the 2011-2012 academic year, implement
350 Develop, in consultation with the Florida College System and the
351 State University System, a plan to be submitted to the Board of
352 Governors, the State Board of Education, the Governor, the
353 President of the Senate, and the Speaker of the House of
354 Representatives no later than December 1, 2010, for implementing
355 a streamlined, automated, online registration process for
356 transient students who are undergraduate students currently
357 enrolled and pursuing a degree at who have been admitted to a
358 public postsecondary educational institution and who choose wish
359 to enroll in a course listed in the Florida Higher Education
360 Distance Learning Catalog which, including courses offered by an
361 institution that is offered by a public postsecondary
362 educational institution that is not the student’s degree
363 granting or home institution. The consortium shall work with the
364 Florida College System and the State University System to
365 implement this admissions application process requiring all
366 state universities and state colleges to: The plan must describe
367 how such a registration process can be implemented by the 2011
368 2012 academic year as an alternative to the standard
369 registration process of each institution. The plan must also
370 address:
371 1. Use the transient student admissions application
372 available through the Florida Academic Counseling and Tracking
373 for Students system established pursuant to s. 1007.28. This
374 admissions application shall be the only one required for the
375 enrollment of the transient student defined in this paragraph.
376 2. Implement the financial aid procedures required by the
377 transient student admissions application process, which must
378 include the involvement of the financial aid officers.
379 3. Transfer credit awarded by the institutions offering the
380 distance learning course to the transient student’s degree
381 granting institution.
382 4. By July 1, 2012, provide for an interface between the
383 institutional system and the Florida Academic Counseling and
384 Tracking for Students system in order to electronically send,
385 receive, and process the transient admissions application.
386 1. Fiscal and substantive policy changes needed to address
387 administrative, academic, and programmatic policies and
388 procedures. Policy areas that the plan must address include, but
389 need not be limited to, student financial aid issues, variations
390 in fees, admission and readmission, registration-prioritization
391 issues, transfer of credit, and graduation requirements, with
392 specific attention given to creating recommended guidelines that
393 address students who attend more than one institution in pursuit
394 of a degree.
395 2. A method for the expedited transfer of distance learning
396 course credit awarded by an institution offering a distance
397 learning course to a student’s degree-granting or home
398 institution upon the student’s successful completion of the
399 distance learning course.
400 3. Compliance with applicable technology security standards
401 and guidelines to ensure the secure transmission of student
402 information.
403 (c) Coordinate the negotiation of statewide licensing and
404 preferred pricing agreements for distance learning resources and
405 enter into agreements that result in cost savings with distance
406 learning resource providers so that postsecondary educational
407 institutions have the opportunity to benefit from the cost
408 savings.
409 (d)1. Develop and operate a central instructional content
410 repository that allows public school and postsecondary
411 educational institution users faculty to search, locate, and
412 use, and contribute digital and electronic instructional
413 resources and content, including open access textbooks. In the
414 development of the a repository, the consortium shall identify
415 and seek partnerships with similar national, state, and regional
416 repositories for the purpose of sharing instructional content.
417 The consortium shall collaborate with the public postsecondary
418 educational institutions to ensure that the repository:
419 a. Is accessible by the Integrates with multiple learning
420 management systems used by the public postsecondary educational
421 institutions and the local instructional improvement systems
422 established pursuant to s. 1006.281.
423 b. Allows institutions to set appropriate copyright and
424 access restrictions and track content usage.
425 c. Allows for appropriate customization.
426 d. Supports established protocols to access instructional
427 content within other repositories.
428 2. Provide to Develop, in consultation with the chancellors
429 of the Florida College System and the State University System,
430 recommendations a plan for promoting and increasing the use of
431 open access textbooks as a method for reducing textbook costs.
432 The recommendations plan shall be submitted to the Board of
433 Governors, the State Board of Education, the Office of Policy
434 and Budget in the Executive Office of the Governor, the chair of
435 the Senate Policy and Steering Committee on Ways and Means, and
436 the chair of the House Full Appropriations Council on Education
437 & Economic Development no later than March 1, 2010, and shall
438 include:
439 a. An inventory of existing open access textbooks.
440 a.b. The A listing of undergraduate courses, in particular
441 the general education courses, that would be recommended for the
442 use of open access textbooks.
443 b.c. A standardized process for the review and approval of
444 open access textbooks.
445 d. Recommendations for encouraging and promoting faculty
446 development and use of open access textbooks.
447 e. Identification of barriers to the implementation of open
448 access textbooks.
449 c.f. Strategies for the production and distribution of open
450 access textbooks to ensure such textbooks may be easily
451 accessed, downloaded, printed, or obtained as a bound version by
452 students at either reduced or no cost.
453 g. Identification of the necessary technology security
454 standards and guidelines to safeguard the use of open access
455 textbooks.
456 (e) Identify and evaluate new technologies and
457 instructional methods that can be used for improving distance
458 learning instruction, student learning, and the overall quality
459 of undergraduate distance learning courses and degree programs.
460 (f) Identify methods that will improve student access to
461 and completion of undergraduate distance learning courses and
462 degree programs.
463 Section 6. Section 1004.649, Florida Statutes, is created
464 to read:
465 1004.649 Northwest Regional Data Center.—
466 (1) For the purpose of serving its state agency customers,
467 the Northwest Regional Data Center at Florida State University
468 is designated as a primary data center and shall comply with the
469 following:
470 (a) Operates under a governance structure that represents
471 its customers proportionally.
472 (b) Maintains an appropriate cost-allocation methodology
473 that accurately bills state agency customers based solely on the
474 actual direct and indirect costs of the services provided to
475 state agency customers, and prohibits the subsidization of
476 nonstate agency customers’ costs by state agency customers.
477 (c) Enters into a service-level agreement with each state
478 agency customer to provide services as defined and approved by
479 the governing board of the center. At a minimum, such service
480 level agreements must:
481 1. Identify the parties and their roles, duties, and
482 responsibilities under the agreement;
483 2. State the duration of the agreement term and specify the
484 conditions for renewal;
485 3. Identify the scope of work;
486 4. Establish the services to be provided, the business
487 standards that must be met for each service, the cost of each
488 service, and the process by which the business standards for
489 each service are to be objectively measured and reported;
490 5. Provide a timely billing methodology for recovering the
491 cost of services provided; and
492 6. Provide a procedure for modifying the service-level
493 agreement to address any changes in projected costs of service.
494 (d) Provides to the Board of Governors the total annual
495 budget by major expenditure category, including, but not limited
496 to, salaries, expenses, operating capital outlay, contracted
497 services, or other personnel services by July 30 each fiscal
498 year.
499 (e) Provides to each state agency customer its projected
500 annual cost for providing the agreed-upon data center services
501 by August 1 each fiscal year.
502 (2) The Northwest Regional Data Center’s designation as a
503 primary data center for purposes of serving its state agency
504 customers may be terminated if:
505 (a) The center requests such termination to the Board of
506 Governors, the Senate President, and the Speaker of the House of
507 Representatives; or
508 (b) The center fails to comply with the provisions of this
509 section.
510 (3) If such designation is terminated, the center shall
511 have 1 year to provide for the transition of its state agency
512 customers to the Southwood Shared Resource Center or the
513 Northwood Shared Resource Center.
514 Section 7. Subsection (7) is added to section 1006.72,
515 Florida Statutes, to read:
516 1006.72 Licensing electronic library resources.—
517 (7) REPORT.—The chancellors and vice chancellors of the
518 Florida College System and the State University System shall
519 annually report to the Executive Office of the Governor and the
520 chairs of the legislative appropriations committees the cost
521 savings realized as a result of the collaborative licensing
522 process identified in this section.
523 Section 8. Subsection (5) is added to section 1007.28,
524 Florida Statutes, to read:
525 1007.28 Computer-assisted student advising system.—The
526 Department of Education, in conjunction with the Board of
527 Governors, shall establish and maintain a single, statewide
528 computer-assisted student advising system, which must be an
529 integral part of the process of advising, registering, and
530 certifying students for graduation and must be accessible to all
531 Florida students. The state universities and community colleges
532 shall interface institutional systems with the computer-assisted
533 advising system required by this section. The State Board of
534 Education and the Board of Governors shall specify in the
535 statewide articulation agreement required by s. 1007.23(1) the
536 roles and responsibilities of the department, the state
537 universities, and the community colleges in the design,
538 implementation, promotion, development, and analysis of the
539 system. The system shall consist of a degree audit and an
540 articulation component that includes the following
541 characteristics:
542 (5) The system must provide the admissions application for
543 transient students who are undergraduate students currently
544 enrolled and pursuing a degree at a public postsecondary
545 educational institution and who want to enroll in a course
546 listed in the Florida Higher Education Distance Leaning Catalog
547 which is offered by a public postsecondary educational
548 institution that is not the student’s degree-granting
549 institution. This system must include the electronic transfer
550 and receipt of information and records for the following
551 functions:
552 (a) Admissions and readmissions;
553 (b) Financial aid; and
554 (c) Transfer of credit awarded by the institution offering
555 the distance learning course to the transient student’s degree
556 granting institution.
557 Section 9. Paragraph (g) of subsection (3) of section
558 1009.605, Florida Statutes, is amended to read:
559 1009.605 Florida Fund for Minority Teachers, Inc.—
560 (3) A board of directors shall administer the corporation.
561 The Governor shall appoint to the board at least 15 but not more
562 than 25 members, who shall serve terms of 3 years, except that 4
563 of the initial members shall serve 1-year terms and 4 shall
564 serve 2-year terms. At least 4 members must be employed by
565 public community colleges and at least 11 members must be
566 employed by public or private postsecondary institutions that
567 operate colleges of education. At least one member must be a
568 financial aid officer employed by a postsecondary education
569 institution operating in Florida. Administrative costs for
570 support of the Board of Directors and the Florida Fund for
571 Minority Teachers may not exceed 5 percent of funds allocated
572 for the program. The board shall:
573 (g) Carry out the training program as required for the
574 minority teacher education scholars program. No more than 5
575 percent of the funds appropriated and up to $100,000 from other
576 available funds for the minority teacher education scholars
577 program may be expended annually for administration, including
578 administration of the required training program.
579 Section 10. Section 1009.215, Florida Statutes, is created
580 to read:
581 1009.215 Student enrollment pilot program for the spring
582 and summer terms.—
583 (1) Subject to approval by the Board of Governors, the
584 University of Florida may plan and implement a student
585 enrollment pilot program for the spring and summer terms for the
586 purpose of aligning on-campus student enrollment and the
587 availability of instructional facilities.
588 (2) The pilot program shall provide for a student cohort
589 that is limited to on-campus enrollment during the spring and
590 summer terms. Students in this cohort are not eligible for on
591 campus enrollment during the fall term.
592 (3) Students who are enrolled in the pilot program and who
593 are eligible to receive Bright Futures Scholarships under ss.
594 1009.53-1009.536 shall be eligible to receive the scholarship
595 award for attendance in the spring and summer terms, but are not
596 eligible to receive the scholarship for attendance during the
597 fall term.
598 (4) By January 31, 2013, the University of Florida shall
599 report to the Board of Governors, the President of the Senate,
600 and the Speaker of the House of Representatives regarding the
601 result of the pilot program.
602 Section 11. Paragraphs (a) and (c) of subsection (3) and
603 subsections (6) and (10) of section 1009.22, Florida Statutes,
604 are amended, present subsection (12) of that section is
605 redesignated as subsection (13), and a new subsection (12) is
606 added to that section, to read:
607 1009.22 Workforce education postsecondary student fees.—
608 (3)(a) Except as otherwise provided by law, fees for
609 students who are nonresidents for tuition purposes must offset
610 the full cost of instruction. Residency of students shall be
611 determined as required in s. 1009.21. Fee-nonexempt students
612 enrolled in vocational-preparatory instruction shall be charged
613 fees equal to the fees charged for adult general education
614 programs certificate career education instruction. Each
615 community college that conducts college-preparatory and
616 vocational-preparatory instruction in the same class section may
617 charge a single fee for both types of instruction.
618 (c) Effective July 1, 2011, for programs leading to a
619 career certificate or an applied technology diploma, the
620 standard tuition shall be $2.22 per contact hour for residents
621 and nonresidents and the out-of-state fee shall be $6.66 per
622 contact hour. For adult general education programs, a block
623 tuition of $45 per half year or $30 per term shall be assessed
624 for residents and nonresidents, and the out-of-state fee shall
625 be $135 per half year or $90 per term. Each district school
626 board and Florida College System institution board of trustees
627 shall adopt policies and procedures for the collection of and
628 accounting for the expenditure of the block tuition. All funds
629 received from the block tuition shall be used only for adult
630 general education programs. Students enrolled in adult general
631 education programs may not be assessed the fees authorized in
632 subsection (5), subsection (6), or subsection (7). Effective
633 January 1, 2008, standard tuition shall be $1.67 per contact
634 hour for programs leading to a career certificate or an applied
635 technology diploma and 83 cents for adult general education
636 programs. The out-of-state fee per contact hour shall be three
637 times the standard tuition per contact hour.
638 (6)(a) Each district school board and community college
639 board of trustees may establish a separate fee for capital
640 improvements, technology enhancements, or equipping buildings,
641 or the acquisition of improved real property which may not
642 exceed 5 percent of tuition for resident students or 5 percent
643 of tuition and out-of-state fees for nonresident students. Funds
644 collected by community colleges through the fee may be bonded
645 only for the purpose of financing or refinancing new
646 construction and equipment, renovation, or remodeling of
647 educational facilities, or the acquisition of improved real
648 property for use as educational facilities. The fee shall be
649 collected as a component part of the tuition and fees, paid into
650 a separate account, and expended only to acquire improved real
651 property or construct and equip, maintain, improve, or enhance
652 the certificate career education or adult education facilities
653 of the school district or the educational facilities of the
654 community college. Projects and acquisitions of improved real
655 property funded through the use of the capital improvement fee
656 must meet the survey and construction requirements of chapter
657 1013. Pursuant to s. 216.0158, each district school board and
658 community college board of trustees shall identify each project,
659 including maintenance projects, proposed to be funded in whole
660 or in part by such fee. Capital improvement fee revenues may be
661 pledged by a board of trustees as a dedicated revenue source to
662 the repayment of debt, including lease-purchase agreements, with
663 an overall term of not more than 7 years, including renewals,
664 extensions, and refundings, and revenue bonds with a term not
665 exceeding 20 years and not exceeding the useful life of the
666 asset being financed, only for the new construction and
667 equipment, renovation, or remodeling of educational facilities.
668 Bonds authorized pursuant to this paragraph shall be requested
669 by the community college board of trustees and shall be issued
670 by the Division of Bond Finance in compliance with s. 11(d),
671 Art. VII of the State Constitution and the State Bond Act. The
672 Division of Bond Finance may pledge fees collected by one or
673 more community colleges to secure such bonds. Any project
674 included in the approved educational plant survey pursuant to
675 chapter 1013 is approved pursuant to s. 11(f), Art. VII of the
676 State Constitution. Bonds issued pursuant to the State Bond Act
677 may be validated in the manner provided by chapter 75. The
678 complaint for such validation shall be filed in the circuit
679 court of the county where the seat of state government is
680 situated, the notice required to be published by s. 75.06 shall
681 be published only in the county where the complaint is filed,
682 and the complaint and order of the circuit court shall be served
683 only on the state attorney of the circuit in which the action is
684 pending. A maximum of 15 cents per credit hour may be allocated
685 from the capital improvement fee for child care centers
686 conducted by the district school board or community college
687 board of trustees. The use of capital improvement fees for such
688 purpose shall be subordinate to the payment of any bonds secured
689 by the fees.
690 (b) The state does hereby covenant with the holders of the
691 bonds issued under paragraph (a) that it will not take any
692 action that will materially and adversely affect the rights of
693 such holders so long as the bonds authorized by paragraph (a)
694 are outstanding.
695 (10) Each school district and community college may assess
696 a service charge for the payment of tuition and fees in
697 installments and a convenience fee for the processing of
698 automated or online credit card payments. However, the amount of
699 the convenience fee for automated or online credit card payments
700 may not exceed the total cost charged by the credit card company
701 to the school district or Florida College System institution.
702 Such service charge or convenience fee must be approved by the
703 district school board or community college board of trustees.
704 (12)(a) The Board of Trustees of Santa Fe College may
705 establish a transportation access fee. Revenue from the fee may
706 be used only to provide or improve access to transportation
707 services for students enrolled at Santa Fe College. The fee may
708 not exceed $6 per credit hour. An increase in the transportation
709 access fee may occur only once each fiscal year and must be
710 implemented beginning with the fall term. A referendum must be
711 held by the student government to approve the application of the
712 fee.
713 (b) Notwithstanding ss. 1009.534, 1009.535, and 1009.536,
714 the transportation access fee authorized under paragraph (a) may
715 not be included in calculating the amount a student receives for
716 a Florida Academic Scholars award, a Florida Medallion Scholars
717 award, or a Florida Gold Seal Vocational Scholars award.
718 Section 12. Paragraphs (a) and (b) of subsection (3),
719 paragraph (c) of subsection (8), and paragraph (a) of subsection
720 (11) of section 1009.23, Florida Statutes, are amended, present
721 subsection (17) of that section is redesignated as subsection
722 (19), and new subsections (17) and (18) are added to that
723 section, to read:
724 1009.23 Community college student fees.—
725 (3)(a) Effective July 1, 2011 January 1, 2008, for advanced
726 and professional, postsecondary vocational, college preparatory,
727 and educator preparation institute programs, the following
728 tuition and fee rates shall apply:
729 1. the standard tuition shall be $68.56 per credit hour for
730 residents and nonresidents, and the out-of-state fee shall be
731 $205.82 per credit hour $51.35 per credit hour for students who
732 are residents for tuition purposes.
733 2. The standard tuition shall be $51.35 per credit hour and
734 the out-of-state fee shall be $154.14 per credit hour for
735 students who are nonresidents for tuition purposes.
736 (b) Effective July 1, 2011 January 1, 2008, for
737 baccalaureate degree programs, the following tuition and fee
738 rates shall apply:
739 1. The tuition shall be $87.42 $65.47 per credit hour for
740 students who are residents for tuition purposes.
741 2. The sum of the tuition and the out-of-state fee per
742 credit hour for students who are nonresidents for tuition
743 purposes shall be no more than 85 percent of the sum of the
744 tuition and the out-of-state fee at the state university nearest
745 the community college.
746 (8)
747 (c) Up to 25 percent or $600,000, whichever is greater, of
748 the financial aid fees collected may be used to assist students
749 who demonstrate academic merit; who participate in athletics,
750 public service, cultural arts, and other extracurricular
751 programs as determined by the institution; or who are identified
752 as members of a targeted gender or ethnic minority population.
753 The financial aid fee revenues allocated for athletic
754 scholarships and any fee exemptions provided to athletes
755 pursuant to s. 1009.25(2)(3) must for athletes shall be
756 distributed equitably as required by s. 1000.05(3)(d). A minimum
757 of 75 percent of the balance of these funds for new awards shall
758 be used to provide financial aid based on absolute need, and the
759 remainder of the funds shall be used for academic merit purposes
760 and other purposes approved by the boards of trustees. Such
761 other purposes shall include the payment of child care fees for
762 students with financial need. The State Board of Education shall
763 develop criteria for making financial aid awards. Each college
764 shall report annually to the Department of Education on the
765 revenue collected pursuant to this paragraph, the amount carried
766 forward, the criteria used to make awards, the amount and number
767 of awards for each criterion, and a delineation of the
768 distribution of such awards. The report shall include an
769 assessment by category of the financial need of every student
770 who receives an award, regardless of the purpose for which the
771 award is received. Awards that which are based on financial need
772 shall be distributed in accordance with a nationally recognized
773 system of need analysis approved by the State Board of
774 Education. An award for academic merit requires shall require a
775 minimum overall grade point average of 3.0 on a 4.0 scale or the
776 equivalent for both initial receipt of the award and renewal of
777 the award.
778 (11)(a) Each community college board of trustees may
779 establish a separate fee for capital improvements, technology
780 enhancements, or equipping student buildings, or the acquisition
781 of improved real property which may not exceed 10 percent of
782 tuition for resident students or 10 percent of the sum of
783 tuition and out-of-state fees for nonresident students. The fee
784 for resident students shall be limited to an increase of $2 per
785 credit hour over the prior year. Funds collected by community
786 colleges through the fee may be bonded only as provided in this
787 subsection for the purpose of financing or refinancing new
788 construction and equipment, renovation, or remodeling of
789 educational facilities, or the acquisition and renovation or
790 remodeling of improved real property for use as educational
791 facilities. The fee shall be collected as a component part of
792 the tuition and fees, paid into a separate account, and expended
793 only to acquire improved real property or construct and equip,
794 maintain, improve, or enhance the educational facilities of the
795 community college. Projects and acquisitions of improved real
796 property funded through the use of the capital improvement fee
797 shall meet the survey and construction requirements of chapter
798 1013. Pursuant to s. 216.0158, each community college shall
799 identify each project, including maintenance projects, proposed
800 to be funded in whole or in part by such fee.
801 (17) Each Florida College System institution that accepts
802 transient students, pursuant to s. 1004.091, may establish a
803 transient student fee not to exceed $5 per distance learning
804 course for processing the transient student admissions
805 application.
806 (18)(a) The Board of Trustees of Santa Fe College may
807 establish a transportation access fee. Revenue from the fee may
808 be used only to provide or improve access to transportation
809 services for students enrolled at Santa Fe College. The fee may
810 not exceed $6 per credit hour. An increase in the transportation
811 access fee may occur only once each fiscal year and must be
812 implemented beginning with the fall term. A referendum must be
813 held by the student government to approve the application of the
814 fee.
815 (b) Notwithstanding ss. 1009.534, 1009.535, and 1009.536,
816 the transportation access fee authorized under paragraph (a) may
817 not be included in calculating the amount a student receives for
818 a Florida Academic Scholars award, a Florida Medallion Scholars
819 award, or a Florida Gold Seal Vocational Scholars award.
820 Section 13. Paragraph (a) of subsection (4) and paragraph
821 (a) of subsection (16) of section 1009.24, Florida Statutes, are
822 amended, and paragraph (t) is added to subsection (14) of that
823 section, to read:
824 1009.24 State university student fees.—
825 (4)(a) Effective July 1, 2011, January 1, 2008, the
826 resident undergraduate tuition for lower-level and upper-level
827 coursework shall be $103.32 $77.39 per credit hour.
828 (14) Except as otherwise provided in subsection (15), each
829 university board of trustees is authorized to establish the
830 following fees:
831 (t) A transient student fee that may not exceed $5 per
832 distance learning course for accepting a transient student and
833 processing the transient student admissions application pursuant
834 to s. 1004.091.
835
836 With the exception of housing rental rates and except as
837 otherwise provided, fees assessed pursuant to paragraphs (h)-(s)
838 shall be based on reasonable costs of services. The Board of
839 Governors shall adopt regulations and timetables necessary to
840 implement the fees and fines authorized under this subsection.
841 The fees assessed under this subsection may be used for debt
842 only as authorized under s. 1010.62.
843 (16) Each university board of trustees may establish a
844 tuition differential for undergraduate courses upon receipt of
845 approval from the Board of Governors. The tuition differential
846 shall promote improvements in the quality of undergraduate
847 education and shall provide financial aid to undergraduate
848 students who exhibit financial need.
849 (a) Seventy percent of the revenues from the tuition
850 differential shall be expended for purposes of undergraduate
851 education. Such expenditures may include, but are not limited
852 to, increasing course offerings, improving graduation rates,
853 increasing the percentage of undergraduate students who are
854 taught by faculty, decreasing student-faculty ratios, providing
855 salary increases for faculty who have a history of excellent
856 teaching in undergraduate courses, improving the efficiency of
857 the delivery of undergraduate education through academic
858 advisement and counseling, and reducing the percentage of
859 students who graduate with excess hours. This expenditure for
860 undergraduate education may not be used to pay the salaries of
861 graduate teaching assistants. Except as otherwise provided in
862 this subsection, the remaining 30 percent of the revenues from
863 the tuition differential, or the equivalent amount of revenue
864 from private sources, shall be expended to provide financial aid
865 to undergraduate students who exhibit financial need, including
866 students who are scholarship recipients under s. 1009.984, to
867 meet the cost of university attendance. This expenditure for
868 need-based financial aid shall not supplant the amount of need
869 based aid provided to undergraduate students in the preceding
870 fiscal year from financial aid fee revenues, the direct
871 appropriation for financial assistance provided to state
872 universities in the General Appropriations Act, or from private
873 sources. The total amount of tuition differential waived under
874 subparagraph (b)8. may be included in calculating the
875 expenditures for need-based financial aid to undergraduate
876 students required by this subsection. If the entire tuition and
877 fee costs of resident students who have applied for and received
878 Pell Grant funds have been met and the university has excess
879 funds remaining from the 30 percent of the revenues from the
880 tuition differential required to be used to assist students who
881 exhibit financial need, the university may expend the excess
882 portion in the same manner as required for the other 70 percent
883 of the tuition differential revenues.
884 Section 14. Section 1009.25, Florida Statutes, is amended
885 to read:
886 1009.25 Fee exemptions.—
887 (1) The following Students are exempt from any requirement
888 for the payment of tuition and fees, including lab fees, for
889 adult basic, adult secondary, or career-preparatory instruction:
890 (a) A student who does not have a high school diploma or
891 its equivalent.
892 (b) A student who has a high school diploma or its
893 equivalent and who has academic skills at or below the eighth
894 grade level pursuant to state board rule. A student is eligible
895 for this exemption from fees if the student’s skills are at or
896 below the eighth grade level as measured by a test administered
897 in the English language and approved by the Department of
898 Education, even if the student has skills above that level when
899 tested in the student’s native language.
900 (1)(2) The following students are exempt from the payment
901 of tuition and fees, including lab fees, at a school district
902 that provides postsecondary career programs, community college,
903 or state university:
904 (a) A student enrolled in a dual enrollment or early
905 admission program pursuant to s. 1007.27 or s. 1007.271.
906 (b) A student enrolled in an approved apprenticeship
907 program, as defined in s. 446.021.
908 (c) A student who is or was at the time he or she reached
909 18 years of age in the custody of the Department of Children and
910 Family Services or who, after spending at least 6 months in the
911 custody of the department after reaching 16 years of age, was
912 placed in a guardianship by the court. Such exemption includes
913 fees associated with enrollment in career-preparatory
914 instruction. The exemption remains valid until the student
915 reaches 28 years of age.
916 (d) A student who is or was at the time he or she reached
917 18 years of age in the custody of a relative under s. 39.5085 or
918 who was adopted from the Department of Children and Family
919 Services after May 5, 1997. Such exemption includes fees
920 associated with enrollment in career-preparatory instruction.
921 The exemption remains valid until the student reaches 28 years
922 of age.
923 (e) A student enrolled in an employment and training
924 program under the welfare transition program. The regional
925 workforce board shall pay the state university, community
926 college, or school district for costs incurred for welfare
927 transition program participants.
928 (f) A student who lacks a fixed, regular, and adequate
929 nighttime residence or whose primary nighttime residence is a
930 public or private shelter designed to provide temporary
931 residence for individuals intended to be institutionalized, or a
932 public or private place not designed for, or ordinarily used as,
933 a regular sleeping accommodation for human beings.
934 (g) A student who is a proprietor, owner, or worker of a
935 company whose business has been at least 50 percent negatively
936 financially impacted by the buyout of property around Lake
937 Apopka by the State of Florida. Such student may receive a fee
938 exemption only if the student has not received compensation
939 because of the buyout, the student is designated a Florida
940 resident for tuition purposes, pursuant to s. 1009.21, and the
941 student has applied for and been denied financial aid, pursuant
942 to s. 1009.40, which would have provided, at a minimum, payment
943 of all student fees. The student is responsible for providing
944 evidence to the postsecondary education institution verifying
945 that the conditions of this paragraph have been met, including
946 supporting documentation provided by the Department of Revenue.
947 The student must be currently enrolled in, or begin coursework
948 within, a program area by fall semester 2000. The exemption is
949 valid for a period of 4 years after the date that the
950 postsecondary education institution confirms that the conditions
951 of this paragraph have been met.
952 (2)(3) Each community college is authorized to grant
953 student fee exemptions from all fees adopted by the State Board
954 of Education and the community college board of trustees for up
955 to 40 full-time equivalent students at each institution.
956 Section 15. Subsection (8) of section 1009.26, Florida
957 Statutes, is amended to read:
958 1009.26 Fee waivers.—
959 (8) A state university or community college shall waive
960 undergraduate tuition for each recipient of a Purple Heart or
961 another combat decoration superior in precedence who:
962 (a) Is enrolled as a full-time, part-time, or summer-school
963 student in an undergraduate program that terminates in a degree
964 or certificate;
965 (b) Is currently, and was at the time of the military
966 action that resulted in the awarding of the Purple Heart or
967 other combat decoration superior in precedence, a resident of
968 this state; and
969 (c) Submits to the state university or the community
970 college the DD-214 form issued at the time of separation from
971 service as documentation that the student has received a Purple
972 Heart or another combat decoration superior in precedence. If
973 the DD-214 is not available, other documentation may be
974 acceptable if recognized by the United States Department of
975 Defense or the United States Department of Veterans Affairs as
976 documenting the award.
977
978 Such a waiver for a Purple Heart recipient or recipient of
979 another combat decoration superior in precedence shall be
980 applicable for 110 percent of the number of required credit
981 hours of the degree or certificate program for which the student
982 is enrolled.
983 Section 16. Subsections (2) and (7) of section 1009.286,
984 Florida Statutes, are amended to read:
985 1009.286 Additional student payment for hours exceeding
986 baccalaureate degree program completion requirements at state
987 universities.—
988 (2) State universities shall require a student to pay an
989 excess hour surcharge equal to 100 50 percent of the tuition
990 rate for each credit hour in excess of 115 120 percent of the
991 number of credit hours required to complete the baccalaureate
992 degree program in which the student is enrolled.
993 (7) The provisions of this section become effective for
994 students who enter a community college or a state university for
995 the first time in the 2011-2012 2009-2010 academic year and
996 thereafter.
997 Section 17. Paragraphs (b) and (c) of subsection (6) of
998 section 1009.531, Florida Statutes, are amended, and subsection
999 (7) is added to that section, to read:
1000 1009.531 Florida Bright Futures Scholarship Program;
1001 student eligibility requirements for initial awards.—
1002 (6)
1003 (b) The State Board of Education shall publicize the
1004 examination score required for a student to be eligible for a
1005 Florida Medallion Scholars award, pursuant to s. 1009.535(1)(a)
1006 or (b), as follows:
1007 1. For high school students graduating in the 2010-2011
1008 academic year, the student must earn an SAT score of 970 or a
1009 concordant ACT score of 20 or the student in a home education
1010 program whose parent cannot document a college-preparatory
1011 curriculum must earn an SAT score of 1070 or a concordant ACT
1012 score of 23.
1013 2. For high school students graduating in the 2011-2012
1014 academic year, the student must earn an SAT score of 980 which
1015 corresponds to the 44th SAT percentile rank or a concordant ACT
1016 score of 21 or the student in a home education program whose
1017 parent cannot document a college-preparatory curriculum must
1018 earn an SAT score of 1070 or a concordant ACT score of 23.
1019 3. For high school students graduating in the 2012-2013
1020 academic year, the student must earn an SAT score of 1020 which
1021 corresponds to the 51st 50th SAT percentile rank or a concordant
1022 ACT score of 22 or the student in a home education program whose
1023 parent cannot document a college-preparatory curriculum must
1024 earn an SAT score of 1070 or a concordant ACT score of 23.
1025 4. For high school students graduating in the 2013-2014
1026 academic year and thereafter, the student must earn an SAT score
1027 of 1170 1050 which corresponds to the 75th 56th SAT percentile
1028 rank or a concordant ACT score of 26 23 or the student in a home
1029 education program whose parent cannot document a college
1030 preparatory curriculum must earn an SAT score of 1220 1100 or a
1031 concordant ACT score of 27 24.
1032 (c) The SAT percentile ranks and corresponding SAT scores
1033 specified in paragraphs (a) and (b) are based on the SAT
1034 percentile ranks for 2010 2009 college-bound seniors in critical
1035 reading and mathematics as reported by the College Board. The
1036 next highest SAT score is used when the percentile ranks do not
1037 directly correspond.
1038 (7) To be eligible for an award under the Florida Bright
1039 Futures Scholarship Program, a student must submit a Free
1040 Application for Federal Student Aid which is complete and error
1041 free prior to disbursement.
1042 Section 18. Subsection (1) of section 1009.534, Florida
1043 Statutes, is amended to read:
1044 1009.534 Florida Academic Scholars award.—
1045 (1) A student is eligible for a Florida Academic Scholars
1046 award if the student meets the general eligibility requirements
1047 for the Florida Bright Futures Scholarship Program and the
1048 student:
1049 (a) Has achieved a 3.5 weighted grade point average as
1050 calculated pursuant to s. 1009.531, or its equivalent, in high
1051 school courses that are designated by the State Board of
1052 Education as college-preparatory academic courses; and has
1053 attained at least the score pursuant to s. 1009.531(6)(a) on the
1054 combined verbal and quantitative parts of the Scholastic
1055 Aptitude Test, the Scholastic Assessment Test, or the recentered
1056 Scholastic Assessment Test of the College Entrance Examination,
1057 or an equivalent score on the ACT Assessment Program;
1058 (b) Has attended a home education program according to s.
1059 1002.41 during grades 11 and 12 or has completed the
1060 International Baccalaureate curriculum but failed to earn the
1061 International Baccalaureate Diploma or has completed the
1062 Advanced International Certificate of Education curriculum but
1063 failed to earn the Advanced International Certificate of
1064 Education Diploma, and has attained at least the score pursuant
1065 to s. 1009.531(6)(a) on the combined verbal and quantitative
1066 parts of the Scholastic Aptitude Test, the Scholastic Assessment
1067 Test, or the recentered Scholastic Assessment Test of the
1068 College Entrance Examination, or an equivalent score on the ACT
1069 Assessment Program;
1070 (c) Has been awarded an International Baccalaureate Diploma
1071 from the International Baccalaureate Office or an Advanced
1072 International Certificate of Education Diploma from the
1073 University of Cambridge International Examinations Office;
1074 (d) Has been recognized by the merit or achievement
1075 programs of the National Merit Scholarship Corporation as a
1076 scholar or finalist; or
1077 (e) Has been recognized by the National Hispanic
1078 Recognition Program as a scholar recipient.
1079
1080 A student must complete a program of community service work, as
1081 approved by the district school board or the administrators of a
1082 nonpublic school, which shall include a minimum of 75 hours of
1083 service work for high school students graduating in the 2010
1084 2011 academic year and 100 hours of service work for high school
1085 students graduating in the 2011-2012 academic year and
1086 thereafter, and must and require the student to identify a
1087 social problem that interests him or her, develop a plan for his
1088 or her personal involvement in addressing the problem, and,
1089 through papers or other presentations, evaluate and reflect upon
1090 his or her experience.
1091 Section 19. Subsection (1) of section 1009.535, Florida
1092 Statutes, is amended to read:
1093 1009.535 Florida Medallion Scholars award.—
1094 (1) A student is eligible for a Florida Medallion Scholars
1095 award if the student meets the general eligibility requirements
1096 for the Florida Bright Futures Scholarship Program and the
1097 student:
1098 (a) Has achieved a weighted grade point average of 3.0 as
1099 calculated pursuant to s. 1009.531, or the equivalent, in high
1100 school courses that are designated by the State Board of
1101 Education as college-preparatory academic courses; and has
1102 attained at least the score pursuant to s. 1009.531(6)(b) on the
1103 combined verbal and quantitative parts of the Scholastic
1104 Aptitude Test, the Scholastic Assessment Test, or the recentered
1105 Scholastic Assessment Test of the College Entrance Examination,
1106 or an equivalent score on the ACT Assessment Program;
1107 (b) Has completed the International Baccalaureate
1108 curriculum but failed to earn the International Baccalaureate
1109 Diploma or has completed the Advanced International Certificate
1110 of Education curriculum but failed to earn the Advanced
1111 International Certificate of Education Diploma, and has attained
1112 at least the score pursuant to s. 1009.531(6)(b) on the combined
1113 verbal and quantitative parts of the Scholastic Aptitude Test,
1114 the Scholastic Assessment Test, or the recentered Scholastic
1115 Assessment Test of the College Entrance Examination, or an
1116 equivalent score on the ACT Assessment Program;
1117 (c) Has attended a home education program according to s.
1118 1002.41 during grades 11 and 12 and has attained at least the
1119 score pursuant to s. 1009.531(6)(b) on the combined verbal and
1120 quantitative parts of the Scholastic Aptitude Test, the
1121 Scholastic Assessment Test, or the recentered Scholastic
1122 Assessment Test of the College Entrance Examination, or an
1123 equivalent score on the ACT Assessment Program, if the student’s
1124 parent cannot document a college-preparatory curriculum as
1125 described in paragraph (a);
1126 (d) Has been recognized by the merit or achievement program
1127 of the National Merit Scholarship Corporation as a scholar or
1128 finalist but has not completed a program of community service as
1129 provided in s. 1009.534; or
1130 (e) Has been recognized by the National Hispanic
1131 Recognition Program as a scholar, but has not completed a
1132 program of community service as provided in s. 1009.534.
1133
1134 A high school student graduating in the 2011-2012 academic year
1135 and thereafter must complete a program of community service work
1136 approved by the district school board or the administrators of a
1137 nonpublic school, which shall include a minimum of 75 hours of
1138 service work, and must identify a social problem that interests
1139 him or her, develop a plan for his or her personal involvement
1140 in addressing the problem, and, through papers or other
1141 presentations, evaluate and reflect upon his or her experience.
1142 Section 20. Paragraph (e) is added to subsection (1) of
1143 section 1009.536, Florida Statutes, to read:
1144 1009.536 Florida Gold Seal Vocational Scholars award.—The
1145 Florida Gold Seal Vocational Scholars award is created within
1146 the Florida Bright Futures Scholarship Program to recognize and
1147 reward academic achievement and career preparation by high
1148 school students who wish to continue their education.
1149 (1) A student is eligible for a Florida Gold Seal
1150 Vocational Scholars award if the student meets the general
1151 eligibility requirements for the Florida Bright Futures
1152 Scholarship Program and the student:
1153 (e) Beginning with high school students graduating in the
1154 2011-2012 academic year and thereafter, completes a program of
1155 community service work approved by the district school board or
1156 the administrators of a nonpublic school, which shall include a
1157 minimum of 30 hours of service work, and identifies a social
1158 problem that interests him or her, develops a plan for his or
1159 her personal involvement in addressing the problem, and, through
1160 papers or other presentations, evaluates and reflects upon his
1161 or her experience.
1162 Section 21. Subsection (4) is added to section 1009.55,
1163 Florida Statutes, to read:
1164 1009.55 Rosewood Family Scholarship Program.—
1165 (4) Funding for the program shall be as provided in the
1166 General Appropriations Act.
1167 Section 22. Subsection (7) is added to section 1009.56,
1168 Florida Statutes, to read:
1169 1009.56 Seminole and Miccosukee Indian Scholarships.—
1170 (7) Funding for the program shall be as provided in the
1171 General Appropriations Act.
1172 Section 23. Subsection (3) is added to section 1009.57,
1173 Florida Statutes, to read:
1174 1009.57 Florida Teacher Scholarship and Forgivable Loan
1175 Program.—
1176 (3) Funding for the program shall be as provided in the
1177 General Appropriations Act.
1178 Section 24. Subsection (7) is added to section 1009.60,
1179 Florida Statutes, to read:
1180 1009.60 Minority teacher education scholars program.—There
1181 is created the minority teacher education scholars program,
1182 which is a collaborative performance-based scholarship program
1183 for African-American, Hispanic-American, Asian-American, and
1184 Native American students. The participants in the program
1185 include Florida’s community colleges and its public and private
1186 universities that have teacher education programs.
1187 (7) Funding for the program shall be as provided in the
1188 General Appropriations Act.
1189 Section 25. Subsection (8) is added to section 1009.68,
1190 Florida Statutes, is to read:
1191 1009.68 Florida Minority Medical Education Program.—
1192 (8) Funding for the program shall be as provided in the
1193 General Appropriations Act.
1194 Section 26. Subsection (5) is added to section 1009.69,
1195 Florida Statutes, to read:
1196 1009.69 Virgil Hawkins Fellows Assistance Program.—
1197 (5) Funding for the program shall be as provided in the
1198 General Appropriations Act.
1199 Section 27. Subsections (5) and (6) of section 1009.701,
1200 Florida Statutes, are amended to read:
1201 1009.701 First Generation Matching Grant Program.—
1202 (5) In order to be eligible to receive a grant pursuant to
1203 this section, an applicant must:
1204 (a) Be a resident for tuition purposes pursuant to s.
1205 1009.21.
1206 (b) Be a first-generation college student. For the purposes
1207 of this section, a student is considered “first generation” if
1208 neither of the student’s parents, as defined in s. 1009.21(1),
1209 earned a college degree at the baccalaureate level or higher or,
1210 in the case of any individual who regularly resided with and
1211 received support from only one parent, if that parent did not
1212 earn a baccalaureate degree.
1213 (c) Be accepted at a state university.
1214 (d) Be enrolled for a minimum of six credit hours per term
1215 as a degree-seeking undergraduate student.
1216 (e) Have submitted a Free Application for Federal Student
1217 Aid which is complete and error free prior to disbursement and
1218 met the eligibility requirements in s. 1009.50 for demonstrated
1219 financial need for the Florida Public Student Assistance Grant
1220 Program.
1221 (f) Meet additional eligibility requirements as established
1222 by the institution.
1223 (6) The award amount shall be based on the student’s need
1224 assessment after any scholarship or grant aid, including, but
1225 not limited to, a Pell Grant or a Bright Futures Scholarship,
1226 has been applied. The first priority of funding shall be given
1227 to students who demonstrate need by qualifying and receiving
1228 federal Pell Grant funds up to the full cost of tuition and fees
1229 per term. An award may not exceed the institution’s estimated
1230 annual cost of attendance for the student to attend the
1231 institution.
1232 Section 28. Subsection (11) is added to section 1009.73,
1233 Florida Statutes, to read:
1234 1009.73 Mary McLeod Bethune Scholarship Program.—
1235 (11) Funding for the program shall be as provided in the
1236 General Appropriations Act.
1237 Section 29. Subsection (4) is added to section 1009.74,
1238 Florida Statutes, to read:
1239 1009.74 The Theodore R. and Vivian M. Johnson Scholarship
1240 Program.—
1241 (4) Funding for the program shall be as provided in the
1242 General Appropriations Act.
1243 Section 30. Paragraph (c) of subsection (8) of section
1244 1009.77, Florida Statutes, is amended, and subsection (11) is
1245 added to that section, to read:
1246 1009.77 Florida Work Experience Program.—
1247 (8) A student is eligible to participate in the Florida
1248 Work Experience Program if the student:
1249 (c) Submits a Free Application for Federal Student Aid
1250 which is complete and error free prior to disbursement and
1251 demonstrates financial need, with the first priority of funding
1252 given to students who demonstrate need by qualifying and
1253 receiving federal Pell Grant funds up to the full cost of
1254 tuition and fees per term.
1255 (11) Funding for the program shall be as provided in the
1256 General Appropriations Act.
1257 Section 31. Subsection (4) and paragraph (a) of subsection
1258 (5) of section 1009.89, Florida Statutes, are to read:
1259 1009.89 The William L. Boyd, IV, Florida resident access
1260 grants.—
1261 (4) A person is eligible to receive such William L. Boyd,
1262 IV, Florida resident access grant if:
1263 (a) He or she meets the general requirements, including
1264 residency, for student eligibility as provided in s. 1009.40,
1265 except as otherwise provided in this section; and
1266 (b)1. He or she is enrolled as a full-time undergraduate
1267 student at an eligible college or university;
1268 2. He or she is not enrolled in a program of study leading
1269 to a degree in theology or divinity; and
1270 3. He or she is making satisfactory academic progress as
1271 defined by the college or university in which he or she is
1272 enrolled; and.
1273 (c) He or she submits a Free Application for Federal
1274 Student Aid which is complete and error free prior to
1275 disbursement.
1276 (5)(a) Funding for the William L. Boyd, IV, Florida
1277 Resident Access Grant Program for eligible institutions shall be
1278 as provided in the General Appropriations Act based on a formula
1279 composed of planned enrollment and the state cost of funding
1280 undergraduate enrollment at public institutions pursuant to s.
1281 1011.90. The amount of the William L. Boyd, IV, Florida resident
1282 access grant issued to a full-time student shall be an amount as
1283 specified in the General Appropriations Act. The William L.
1284 Boyd, IV, Florida resident access grant may be paid on a
1285 prorated basis in advance of the registration period. The
1286 department shall make such payments to the college or university
1287 in which the student is enrolled for credit to the student’s
1288 account for payment of tuition and fees. Institutions shall
1289 certify to the department the amount of funds disbursed to each
1290 student and shall remit to the department any undisbursed
1291 advances or refunds within 60 days of the end of regular
1292 registration. A student is Students shall not be eligible to
1293 receive the award for more than 9 semesters or 14 quarters,
1294 except as otherwise provided in s. 1009.40(3).
1295 Section 32. Subsections (4) and (7) of section 1009.891,
1296 Florida Statutes are amended to read:
1297 1009.891 The Access to Better Learning and Education Grant
1298 Program.—
1299 (4) A person is eligible to receive an access grant if:
1300 (a) He or she meets the general requirements, including
1301 residency, for student eligibility as provided in s. 1009.40,
1302 except as otherwise provided in this section; and
1303 (b)1. He or she is enrolled as a full-time undergraduate
1304 student at an eligible college or university in a program of
1305 study leading to a baccalaureate degree;
1306 2. He or she is not enrolled in a program of study leading
1307 to a degree in theology or divinity; and
1308 3. He or she is making satisfactory academic progress as
1309 defined by the college or university in which he or she is
1310 enrolled; and.
1311 (c) He or she submits a Free Application for Federal
1312 Student Aid which is complete and error free prior to
1313 disbursement.
1314 (7) Funding for the program shall be as provided in the
1315 General Appropriations Act. This section shall be implemented
1316 only to the extent specifically funded and authorized by law.
1317 Section 33. Subsection (13) is added to section 1011.32,
1318 Florida Statutes, to read:
1319 1011.32 Community College Facility Enhancement Challenge
1320 Grant Program.—
1321 (13) Effective July 1, 2011, state matching funds are
1322 temporarily suspended for donations received for the program on
1323 or after June 30, 2011. Existing eligible donations remain
1324 eligible for future matching funds. The program may be restarted
1325 after $200 million of the backlog for programs under ss.
1326 1011.32, 1011.85, 1011.94, and 1013.79 have been matched.
1327 Section 34. Paragraph (c) of subsection (1) of section
1328 1011.61, Florida Statutes, is amended to read:
1329 1011.61 Definitions.—Notwithstanding the provisions of s.
1330 1000.21, the following terms are defined as follows for the
1331 purposes of the Florida Education Finance Program:
1332 (1) A “full-time equivalent student” in each program of the
1333 district is defined in terms of full-time students and part-time
1334 students as follows:
1335 (c)1. A “full-time equivalent student” is:
1336 a. A full-time student in any one of the programs listed in
1337 s. 1011.62(1)(c); or
1338 b. A combination of full-time or part-time students in any
1339 one of the programs listed in s. 1011.62(1)(c) which is the
1340 equivalent of one full-time student based on the following
1341 calculations:
1342 (I) A full-time student, except a postsecondary or adult
1343 student or a senior high school student enrolled in adult
1344 education when such courses are required for high school
1345 graduation, in a combination of programs listed in s.
1346 1011.62(1)(c) shall be a fraction of a full-time equivalent
1347 membership in each special program equal to the number of net
1348 hours per school year for which he or she is a member, divided
1349 by the appropriate number of hours set forth in subparagraph
1350 (a)1. or subparagraph (a)2. The difference between that fraction
1351 or sum of fractions and the maximum value as set forth in
1352 subsection (4) for each full-time student is presumed to be the
1353 balance of the student’s time not spent in such special
1354 education programs and shall be recorded as time in the
1355 appropriate basic program.
1356 (II) A prekindergarten handicapped student shall meet the
1357 requirements specified for kindergarten students.
1358 (III) A full-time equivalent student for students in
1359 kindergarten through grade 5 in a school district virtual
1360 instruction program under s. 1002.45 shall consist of a student
1361 who has successfully completed a basic program listed in s.
1362 1011.62(1)(c)1.a. or b., and who is promoted to a higher grade
1363 level.
1364 (IV) A full-time equivalent student for students in grades
1365 6 through 12 in a school district virtual instruction program
1366 under s. 1002.45(1)(b)1. and 2. shall consist of six full credit
1367 completions in programs listed in s. 1011.62(1)(c)1.b. or c. and
1368 3. Credit completions can be a combination of either full
1369 credits or half credits.
1370 (V) A Florida Virtual School full-time equivalent student
1371 shall consist of six full credit completions in the programs
1372 listed in s. 1011.62(1)(c)1.b. for grades 6 through 8 and the
1373 programs listed in s. 1011.62(1)(c)1.c. for grades 9 through 12.
1374 Credit completions can be a combination of either full credits
1375 or half credits.
1376 (VI) Each successfully completed credit earned under the
1377 alternative high school course credit requirements authorized in
1378 s. 1002.375, which is not reported as a portion of the 900 net
1379 hours of instruction pursuant to subparagraph (1)(a)1., shall be
1380 calculated as 1/6 FTE.
1381 2. A student in membership in a program scheduled for more
1382 or less than 180 school days or the equivalent on an hourly
1383 basis as specified by rules of the State Board of Education is a
1384 fraction of a full-time equivalent membership equal to the
1385 number of instructional hours in membership divided by the
1386 appropriate number of hours set forth in subparagraph (a)1.;
1387 however, for the purposes of this subparagraph, membership in
1388 programs scheduled for more than 180 days is limited to students
1389 enrolled in juvenile justice education programs and the Florida
1390 Virtual School.
1391
1392 The department shall determine and implement an equitable method
1393 of equivalent funding for experimental schools and for schools
1394 operating under emergency conditions, which schools have been
1395 approved by the department to operate for less than the minimum
1396 school day.
1397 Section 35. Subsections (6), (7), and (10) of section
1398 1011.80, Florida Statutes, are amended to read:
1399 1011.80 Funds for operation of workforce education
1400 programs.—
1401 (6)(a) A school district or a community college that
1402 provides workforce education programs shall receive funds in
1403 accordance with distributions for base and performance funding
1404 established by the Legislature in the General Appropriations
1405 Act. To ensure equitable funding for all school district
1406 workforce education programs and to recognize enrollment growth,
1407 the Department of Education shall use the funding model
1408 developed by the District Workforce Education Funding Steering
1409 Committee to determine each district’s workforce education
1410 funding needs. To assist the Legislature in allocating workforce
1411 education funds in the General Appropriations Act, the funding
1412 model shall annually be provided to the legislative
1413 appropriations committees no later than March 1. If the General
1414 Appropriations Act does not provide for the distribution of
1415 funds, the following methodology shall apply:
1416 1. Base funding shall be allocated based on weighted
1417 enrollment and shall not exceed 90 percent of the allocation.
1418 The Department of Education shall develop a funding process for
1419 school district workforce education programs that is comparable
1420 with community college workforce programs.
1421 2. Performance funding shall be at least 10 percent of the
1422 allocation, based on the previous fiscal year’s achievement of
1423 output and outcomes in accordance with formulas adopted pursuant
1424 to subsection (10). Performance funding must incorporate
1425 payments for at least three levels of placements that reflect
1426 wages and workforce demand. Payments for completions must not
1427 exceed 60 percent of the payments for placement. School
1428 districts and community colleges shall be awarded funds pursuant
1429 to this paragraph based on performance output data and
1430 performance outcome data available in that year.
1431 (b) A program is established to assist school districts and
1432 community colleges in responding to the needs of new and
1433 expanding businesses and thereby strengthening the state’s
1434 workforce and economy. The program may be funded in the General
1435 Appropriations Act. A school district or community college may
1436 expend funds under the program without regard to performance
1437 criteria set forth in subparagraph (a)2. The district or
1438 community college shall use the program to provide customized
1439 training for businesses which satisfies the requirements of s.
1440 288.047. Business firms whose employees receive the customized
1441 training must provide 50 percent of the cost of the training.
1442 Balances remaining in the program at the end of the fiscal year
1443 shall not revert to the general fund, but shall be carried over
1444 for 1 additional year and used for the purpose of serving
1445 incumbent worker training needs of area businesses with fewer
1446 than 100 employees. Priority shall be given to businesses that
1447 must increase or upgrade their use of technology to remain
1448 competitive.
1449 (7)(a) A school district or community college that receives
1450 workforce education funds must use the money to benefit the
1451 workforce education programs it provides. The money may be used
1452 for equipment upgrades, program expansions, or any other use
1453 that would result in workforce education program improvement.
1454 The district school board or community college board of trustees
1455 may not withhold any portion of the performance funding for
1456 indirect costs.
1457 (b) State funds provided for the operation of postsecondary
1458 workforce programs may not be expended for the education of
1459 state or federal inmates.
1460 (10) A high school student dually enrolled under s.
1461 1007.271 in a workforce education program operated by a
1462 community college or school district career center generates the
1463 amount calculated for workforce education funding, including any
1464 payment of performance funding, and the proportional share of
1465 full-time equivalent enrollment generated through the Florida
1466 Education Finance Program for the student’s enrollment in a high
1467 school. If a high school student is dually enrolled in a
1468 community college program, including a program conducted at a
1469 high school, the community college earns the funds generated for
1470 workforce education funding, and the school district earns the
1471 proportional share of full-time equivalent funding from the
1472 Florida Education Finance Program. If a student is dually
1473 enrolled in a career center operated by the same district as the
1474 district in which the student attends high school, that district
1475 earns the funds generated for workforce education funding and
1476 also earns the proportional share of full-time equivalent
1477 funding from the Florida Education Finance Program. If a student
1478 is dually enrolled in a workforce education program provided by
1479 a career center operated by a different school district, the
1480 funds must be divided between the two school districts
1481 proportionally from the two funding sources. A student may not
1482 be reported for funding in a dual enrollment workforce education
1483 program unless the student has completed the basic skills
1484 assessment pursuant to s. 1004.91. A student who is coenrolled
1485 in a K-12 education program and an adult education program may
1486 not be reported for purposes of funding in an adult education
1487 program, except that for the 2011-2012 fiscal year only,
1488 students who are coenrolled in core curricula courses for credit
1489 recovery or dropout prevention purposes may be reported for
1490 funding for up to two courses per student. Such students are
1491 exempt from the payment of the block tuition for adult general
1492 education programs provided in s. 1009.22(3)(c).
1493 Section 36. Subsection (3) is added to section 1011.81,
1494 Florida Statutes, to read:
1495 1011.81 Community College Program Fund.—
1496 (3) State funds provided for the Community College Program
1497 Fund may not be expended for the education of state or federal
1498 inmates.
1499 Section 37. Subsection (2) of section 1011.85, Florida
1500 Statutes, is amended, and subsection (13) is added to that
1501 section, to read:
1502 1011.85 Dr. Philip Benjamin Matching Grant Program for
1503 Community Colleges.—
1504 (2) Each community college board of trustees receiving
1505 state appropriations under this program shall approve each gift
1506 to ensure alignment with the unique mission of the community
1507 college. The board of trustees must link all requests for a
1508 state match to the goals and mission statement. The Florida
1509 Community College Foundation Board receiving state
1510 appropriations under this program shall approve each gift to
1511 ensure alignment with its goals and mission statement. Funds
1512 received from community events and festivals are not eligible
1513 for state matching funds under this program.
1514 (13) Effective July 1, 2011, state matching funds are
1515 temporarily suspended for donations received for this program on
1516 or after June 30, 2011. Existing eligible donations remain
1517 eligible for future matching funds. The program may be restarted
1518 after $200 million of the backlog for programs under ss.
1519 1011.32, 1011.85, 1011.94, and 1013.79 have been matched.
1520 Section 38. Subsection (8) is added to section 1011.94,
1521 Florida Statutes, to read:
1522 1011.94 University Major Gifts Program.—
1523 (8) Effective July 1, 2011, state matching funds are
1524 temporarily suspended for donations received for this program on
1525 or after June 30, 2011. Existing eligible donations remain
1526 eligible for future matching funds. The program may be restarted
1527 after $200 million of the backlog for programs under ss.
1528 1011.32, 1011.85, 1011.94, and 1013.79 have been matched.
1529 Section 39. Subsection (4) is added to section 1012.885,
1530 Florida Statutes, to read:
1531 1012.885 Remuneration of community college presidents;
1532 limitations.—
1533 (4) LIMITATION ON REMUNERATION.—Notwithstanding the
1534 provisions of this section, for the 2011-2012 fiscal year, a
1535 Florida College System institution president may not receive
1536 more than $200,000 in remuneration from appropriated state
1537 funds. Only compensation, as defined in s. 121.021(22), provided
1538 to a Florida College System institution president may be used in
1539 calculating benefits under chapter 121.
1540 Section 40. Section 1012.886, Florida Statutes, is created
1541 to read:
1542 1012.886 Remuneration of Florida College System institution
1543 administrative employees; limitations.—
1544 (1) DEFINITIONS.—As used in this section, the term:
1545 (a) “Appropriated state funds” means funds appropriated
1546 from the General Revenue Fund or funds appropriated from state
1547 trust funds.
1548 (b) “Cash-equivalent compensation” means any benefit that
1549 may be assigned an equivalent cash value.
1550 (c) “Remuneration” means salary, bonuses, and cash
1551 equivalent compensation paid to a Florida College System
1552 institution administrative employee by his or her employer for
1553 work performed, excluding health insurance benefits and
1554 retirement benefits.
1555 (2) LIMITATION ON COMPENSATION.—Notwithstanding any other
1556 law, resolution, or rule to the contrary, a Florida College
1557 System institution administrative employee may not receive more
1558 than $200,000 in remuneration annually from appropriated state
1559 funds. Only compensation, as such term is defined in s.
1560 121.021(22), provided to a Florida College System institution
1561 administrative employee may be used in calculating benefits
1562 under chapter 121.
1563 (3) EXCEPTIONS.—This section does not prohibit any party
1564 from providing cash or cash-equivalent compensation from funds
1565 that are not appropriated state funds to a Florida College
1566 System institution administrative employee in excess of the
1567 limit in subsection (2). If a party is unable or unwilling to
1568 fulfill an obligation to provide cash or cash-equivalent
1569 compensation to a Florida College System institution
1570 administrative employee as permitted under this subsection,
1571 appropriated state funds may not be used to fulfill such
1572 obligation. This section does not apply to Florida College
1573 System institution teaching faculty.
1574 (4) EXPIRATION.—This section expires June 30, 2012.
1575 Section 41. Subsection (4) is added to section 1012.975,
1576 Florida Statutes, to read:
1577 1012.975 Remuneration of state university presidents;
1578 limitations.—
1579 (4) LIMITATION ON REMUNERATION.—Notwithstanding the
1580 provisions of this section, for the 2011-2012 fiscal year, a
1581 state university president may not receive more than $200,000 in
1582 remuneration from public funds. Only compensation, as defined in
1583 s. 121.021(22), provided to a state university president may be
1584 used in calculating benefits under chapter 121.
1585 Section 42. Section 1012.976, Florida Statutes, is created
1586 to read:
1587 1012.976 Remuneration of state university administrative
1588 employees; limitations.—
1589 (1) DEFINITIONS.—As used in this section, the term:
1590 (a) “Appropriated state funds” means funds appropriated
1591 from the General Revenue Fund or funds appropriated from state
1592 trust funds.
1593 (b) “Cash-equivalent compensation” means any benefit that
1594 may be assigned an equivalent cash value.
1595 (c) “Remuneration” means salary, bonuses, and cash
1596 equivalent compensation paid to a state university
1597 administrative employee by his or her employer for work
1598 performed, excluding health insurance benefits and retirement
1599 benefits.
1600 (2) LIMITATION ON COMPENSATION.—Notwithstanding any other
1601 law, resolution, or rule to the contrary, a state university
1602 administrative employee may not receive more than $200,000 in
1603 remuneration annually from appropriated state funds. Only
1604 compensation, as such term is defined in s. 121.021(22),
1605 provided to a state university administrative employee may be
1606 used in calculating benefits under chapter 121.
1607 (3) EXCEPTIONS.—This section does not prohibit any party
1608 from providing cash or cash-equivalent compensation from funds
1609 that are not appropriated state funds to a state university
1610 administrative employee in excess of the limit in subsection
1611 (2). If a party is unable or unwilling to fulfill an obligation
1612 to provide cash or cash-equivalent compensation to a state
1613 university administrative employee as permitted under this
1614 subsection, appropriated state funds may not be used to fulfill
1615 such obligation. This section does not apply to university
1616 teaching faculty or medical school faculty or staff.
1617 (4) EXPIRATION.—This section expires June 30, 2012.
1618 Section 43. Subsection (12) of section 1013.33, Florida
1619 Statutes, is amended to read:
1620 1013.33 Coordination of planning with local governing
1621 bodies.—
1622 (12) As early in the design phase as feasible and
1623 consistent with an interlocal agreement entered pursuant to
1624 subsections (2)-(8), but no later than 90 days before commencing
1625 construction, the district school board shall in writing request
1626 a determination of consistency with the local government’s
1627 comprehensive plan. The local governing body that regulates the
1628 use of land shall determine, in writing within 45 days after
1629 receiving the necessary information and a school board’s request
1630 for a determination, whether a proposed educational facility is
1631 consistent with the local comprehensive plan and consistent with
1632 local land development regulations. If the determination is
1633 affirmative, school construction may commence and further local
1634 government approvals are not required, except as provided in
1635 this section. Failure of the local governing body to make a
1636 determination in writing within 90 days after a district school
1637 board’s request for a determination of consistency shall be
1638 considered an approval of the district school board’s
1639 application. Campus master plans and development agreements must
1640 comply with the provisions of s. ss. 1013.30 and 1013.63.
1641 Section 44. Section 1013.63, Florida Statutes, is repealed.
1642 Section 45. Subsection (12) is added to section 1013.79,
1643 Florida Statutes, to read:
1644 1013.79 University Facility Enhancement Challenge Grant
1645 Program.—
1646 (12) Effective July 1, 2011, state matching funds are
1647 temporarily suspended for donations received for this program on
1648 or after June 30, 2011. Existing eligible donations remain
1649 eligible for future matching funds. The program may be restarted
1650 after $200 million of the backlog for programs under ss.
1651 1011.32, 1011.85, 1011.94, and 1013.79 have been matched.
1652 Section 46. Section 1013.737, Florida Statutes, is amended
1653 to read:
1654 1013.737 The Class Size Reduction and Educational
1655 Facilities Lottery Revenue Bond Program.—There is established
1656 the Class Size Reduction and Educational Facilities Lottery
1657 Revenue Bond Program.
1658 (1) The issuance of revenue bonds is authorized to finance
1659 or refinance the construction, acquisition, reconstruction, or
1660 renovation of educational facilities. Such bonds shall be issued
1661 pursuant to and in compliance with the provisions of s. 11(d),
1662 Art. VII of the State Constitution, the provisions of the State
1663 Bond Act, ss. 215.57-215.83, as amended, and the provisions of
1664 this section.
1665 (2) The bonds are payable from, and secured by a first lien
1666 on, the first lottery revenues transferred to the Educational
1667 Enhancement Trust Fund each fiscal year, as provided by s.
1668 24.121(2), and do not constitute a general obligation of, or a
1669 pledge of the full faith and credit of, the state.
1670 (3) The state hereby covenants with the holders of such
1671 revenue bonds that it will not take any action that will
1672 materially and adversely affect the rights of such holders so
1673 long as bonds authorized by this section are outstanding. The
1674 state does hereby additionally authorize the establishment of a
1675 covenant in connection with the bonds which provides that any
1676 additional funds received by the state from new or enhanced
1677 lottery programs; video gaming; banking card games, including
1678 baccarat, chemin de fer, or blackjack; electronic or
1679 electromechanical facsimiles of any game of chance; casino
1680 games; slot machines; or other similar activities will first be
1681 available for payments relating to bonds pledging revenues
1682 available pursuant to s. 24.121(2), prior to use for any other
1683 purpose.
1684 (4) The bonds shall be issued by the Division of Bond
1685 Finance of the State Board of Administration on behalf of the
1686 Department of Education in such amount as shall be requested by
1687 resolution of the State Board of Education. However, the total
1688 principal amount of bonds, excluding refunding bonds, issued
1689 pursuant to this section shall not exceed amounts specifically
1690 authorized in the General Appropriations Act.
1691 (5) Proceeds available from the sale of the bonds shall be
1692 deposited in the Lottery Capital Outlay and Debt Service Trust
1693 Fund within the Department of Education.
1694 (6) The facilities to be financed with the proceeds of such
1695 bonds are designated as state fixed capital outlay projects for
1696 purposes of s. 11(d), Art. VII of the State Constitution, and
1697 the specific facilities to be financed shall be determined in
1698 accordance with state law and appropriations from the
1699 Educational Enhancement Trust Fund. Projects shall be funded
1700 from the Lottery Capital Outlay and Debt Service Trust Fund.
1701 Each educational facility to be financed with the proceeds of
1702 the bonds issued pursuant to this section is hereby approved as
1703 required by s. 11(f), Art. VII of the State Constitution.
1704 (7) Any complaint for validation of such bonds is required
1705 to be filed only in the circuit court of the county where the
1706 seat of state government is situated. The notice required to be
1707 published by s. 75.06 is required to be published only in the
1708 county where the complaint is filed, and the complaint and order
1709 of the circuit court need be served only on the state attorney
1710 of the circuit in which the action is pending.
1711 (8) The Commissioner of Education shall provide for timely
1712 encumbrances of funds for duly authorized projects. Encumbrances
1713 may include proceeds to be received under a resolution approved
1714 by the State Board of Education authorizing issuance of class
1715 size reduction lottery bonds or educational facilities bonds
1716 pursuant to s. 11(d), Art. VII of the State Constitution, this
1717 section, and other applicable law.
1718 Section 47. The Department of Education shall work with the
1719 College Center for Library Automation (CCLA) to transfer the K
1720 12 public school bibliographic database in standard library data
1721 format to the CCLA for inclusion in its online discovery tool
1722 product and make it publicly searchable by school district
1723 students, staff, and parents no later than September 1, 2011.
1724 The department shall also develop an ongoing process to provide
1725 for the electronic updating of school district library holdings
1726 data to the CCLA in a manner that will ensure that the public
1727 school bibliographic database and searchable catalog is current.
1728 Section 48. By January 1, 2012, the Chancellors of the
1729 State University System and the Florida College System shall
1730 submit a plan to the Executive Office of the Governor and to the
1731 legislative appropriations committees for establishing a joint
1732 library organization to address the needs of academic libraries
1733 in the State University System and the Florida College System
1734 that replaces the Florida Center for Library Automation and the
1735 College Center for Library Automation. The plan must include,
1736 but need not be limited to, the following components:
1737 (1) A proposed governance and reporting structure for the
1738 joint library organization.
1739 (2) Recommended staffing for the joint library
1740 organization, which includes roles and responsibilities.
1741 (3) A recommended process and schedule for the acquisition
1742 of a next generation library management system and its
1743 associated services which includes a discovery tool provided by
1744 the joint library organization. The library management system
1745 will replace the current systems and services provided by the
1746 Florida Center for Library Automation and the College Center for
1747 Library Automation. The process for acquiring the next
1748 generation library management system must involve the
1749 identification of the functional requirements necessary to meet
1750 the needs of the postsecondary education library users and be
1751 scalable in order to meet any additional library user needs that
1752 are identified as being necessary and in the best interest of
1753 the state.
1754 (4) A proposed schedule for consolidating the computing and
1755 data center resources and equipment provided by the Florida
1756 Center for Library Automation and the College Center for Library
1757 Automation to a statutorily established or designated primary
1758 data center no later than December 1, 2012, or for
1759 decommissioning the computing and data center resources and
1760 equipment that are no longer required by the joint library
1761 organization and are currently located at and managed by the
1762 Florida Center for Library Automation and the College Center for
1763 Library Automation.
1764 (5) A proposed operational budget for the joint library
1765 organization which is more cost-effective than separately
1766 funding both the Florida Center for Library Automation and the
1767 College Center for Library Automation.
1768 (6) Proposed substantive and fiscal policy changes needed
1769 to implement the joint library organization.
1770 (7) A timeline and implementation strategies for
1771 establishing the joint library organization.
1772 Section 49. Notwithstanding any section of law to the
1773 contrary, for the fiscal 2011-2012 year only, a university board
1774 of trustees is authorized to expend reserve or carry-forward
1775 balances from prior year operational and programmatic
1776 appropriations on legislatively approved fixed capital outlay
1777 projects authorized for the establishment of a new campus.
1778 Section 50. The Florida College System Council of
1779 Presidents shall develop and recommend an equitable funding
1780 formula for the distribution of Public Educational Capital
1781 Outlay funds to the Florida College System institutions. The
1782 Florida College System Council of Presidents shall submit a
1783 report, with recommendations, to the State Board of Education,
1784 the Governor, the President of the Senate, and the Speaker of
1785 the House of Representatives by December 31, 2011, which
1786 specifically includes a proposed funding formula that provides
1787 for the equitable distribution of Public Educational Capital
1788 Outlay funds to Florida College System institutions for
1789 consideration by the Legislature for implementation in the 2012
1790 2013 fiscal year.
1791 Section 51. This act shall take effect July 1, 2011.
1792
1793 ================= T I T L E A M E N D M E N T ================
1794 And the title is amended as follows:
1795 Delete everything before the enacting clause
1796 and insert:
1797 A bill to be entitled
1798 An act relating to postsecondary education funding;
1799 amending s. 213.053, F.S.; authorizing the Department
1800 of Revenue to provide certain information regarding
1801 the gross receipts tax to the State Board of
1802 Education, the Division of Bond Finance, and the
1803 Office of Economic and Demographic Research; amending
1804 s. 215.61, F.S.; requiring that, for purposes of
1805 servicing public education capital outlay bonds, the
1806 State Board of Education disregard the effects on the
1807 gross receipts tax revenues collected during a tax
1808 period of a refund resulting from a specified
1809 settlement agreement; amending s. 440.491, F.S.;
1810 revising definitions; revising legislative intent;
1811 eliminating regulatory and monitoring responsibilities
1812 of the Department of Education with respect to
1813 rehabilitation providers and services; authorizing
1814 referral of an injured employee to the Department of
1815 Education for vocational evaluation; authorizing
1816 referral to the Agency for Workforce Innovation or any
1817 successor agency for reemployment services;
1818 authorizing interagency agreements between the
1819 Department of Education and an agency providing
1820 reemployment services; authorizing the expenditure of
1821 funds from the Workers Compensation Trust Fund for
1822 reemployment services; deleting provisions specifying
1823 qualifications for rehabilitation providers and
1824 requiring rehabilitation provider fees; amending s.
1825 413.011, F.S.; authorizing the Division of Blind
1826 Services to lease property and the Department of
1827 Education to enter into leases and subleases on behalf
1828 of the divsion; amending s. 1004.091, F.S.; revising
1829 provisions relating to the duties of the Florida
1830 Distance Learning Consortium; requiring that the
1831 consortium implement a streamlined, automated, online
1832 registration process for transient students who are
1833 undergraduate students currently enrolled and pursuing
1834 a degree at a public postsecondary educational
1835 institution; requiring that the consortium work with
1836 the Florida College System and the State University
1837 System to implement the admissions application
1838 process; providing certain requirements for state
1839 universities and state colleges; revising requirements
1840 for the central instructional content repository;
1841 creating s. 1004.649, F.S.; designating the Northwest
1842 Regional Data Center at Florida State University as a
1843 primary data center; providing requirements for the
1844 data center; requiring the data center to provide its
1845 annual budget costs to the Board of Governors of the
1846 State University System; specifying circumstances
1847 under which the data center’s designation may be
1848 terminated; amending s. 1006.72, F.S.; revising
1849 provisions relating to the licensing of electronic
1850 library resources; requiring that the chancellors and
1851 vice chancellors of the Florida College System and the
1852 State University System report cost savings resulting
1853 from the collaborative licensing process to the
1854 Executive Office of the Governor and the chairs of the
1855 legislative appropriations committees; amending s.
1856 1007.28, F.S.; revising provisions relating to the
1857 computer-assisted student advising system; requiring
1858 that the system provide for a transient student
1859 admissions application process for certain students;
1860 amending s. 1009.605, F.S.; providing for additional
1861 funds to be expended for administration of the Florida
1862 Fund for Minority Teachers, Inc.; creating s.
1863 1009.215, F.S.; authorizing the University of Florida,
1864 with the approval of the Board of Governors of the
1865 State University System, to plan and implement a pilot
1866 program for students to enroll for the spring and
1867 summer terms rather than the fall terms in order to
1868 align student enrollment with available instructional
1869 staff and facilities; providing for eligibility for
1870 the Bright Futures Scholarship to conform to periods
1871 of a student’s enrollment; requiring that the
1872 university report the status of the pilot program to
1873 the Board of Governors and the Legislature by a
1874 specified date; amending s. 1009.22, F.S.; revising
1875 provisions relating to workforce education
1876 postsecondary student fees; revising the standard
1877 tuition for programs leading to a career certificate
1878 or an applied technology diploma; requiring that a
1879 block tuition be assessed for residents and
1880 nonresidents enrolled in adult general education
1881 programs; providing that a separate fee may be used
1882 for the acquisition of improved real property by the
1883 district school board or the community college board
1884 of trustees; authorizing the assessment of a
1885 convenience fee for processing online credit card
1886 payments; providing certain limitations; authorizing
1887 the Board of Trustees of Santa Fe College to establish
1888 a transportation access fee for students enrolled at
1889 Santa Fe College; requiring that revenue from the fee
1890 be used only to provide or improve access to
1891 transportation services; limiting the amount of the
1892 fee; providing a timeframe for a fee increase and
1893 implementation of an increase; requiring that a
1894 referendum be held by the student government to
1895 approve the application of the fee; prohibiting the
1896 inclusion of the fee in calculating the amount a
1897 student receives under Florida Bright Futures
1898 Scholarship Program awards; amending s. 1009.23, F.S.;
1899 revising provisions relating to community college
1900 student fees, including the standard tuition for
1901 residents and nonresidents and the out-of-state fee;
1902 revising the amount of standard tuition fees for
1903 residents and nonresidents and out-of-state fees;
1904 clarifying provisions governing the fee exemptions
1905 provided for athletes; providing for a separate fee to
1906 be used for the acquisition of improved real property;
1907 authorizing each college to assess a transient student
1908 fee that does not exceed a specified amount per
1909 distance learning course; authorizing the Board of
1910 Trustees of Santa Fe College to establish a
1911 transportation access fee for students enrolled at
1912 Santa Fe College; requiring that revenue from the fee
1913 be used only to provide or improve access to
1914 transportation services; limiting the amount of the
1915 fee; providing a timeframe for a fee increase and
1916 implementation of an increase; requiring that a
1917 referendum be held by the student government to
1918 approve the application of the fee; prohibiting the
1919 inclusion of the fee in calculating the amount a
1920 student receives under Florida Bright Futures
1921 Scholarship Program awards; amending s. 1009.24, F.S.;
1922 revising provisions relating to state university
1923 student fees; revising the amount of resident
1924 undergraduate tuition; authorizing each university
1925 board of trustees to establish a transient student fee
1926 that does not exceed a specified amount per distance
1927 learning course for processing the transient student
1928 admissions application; authorizing a university to
1929 expend certain funds remaining from the tuition
1930 differential required for student financial
1931 assistance; amending s. 1009.25, F.S.; deleting
1932 provisions that exempt students from paying tuition
1933 and fees for adult basic, adult secondary, or career
1934 preparatory instruction; amending s. 1009.26, F.S.;
1935 authorizing the use of certain additional
1936 documentation recognized by the Federal Government for
1937 purpose of certain fee waivers; amending s. 1009.286,
1938 F.S.; requiring that a student pay 100 percent of the
1939 tuition rate for each credit hour in excess of a
1940 specified percent of the number of credit hours
1941 required to complete a baccalaureate degree program;
1942 amending s. 1009.531, F.S.; revising the eligibility
1943 requirements for the Florida Bright Futures
1944 Scholarship Program; requiring that a student complete
1945 a specified federal application form before
1946 disbursement of an award; amending ss. 1009.534,
1947 1009.535, and 1009.536, F.S.; requiring that students
1948 receiving a Florida Academic Scholars award, a Florida
1949 Medallion Scholars award, or a Florida Gold Seal
1950 Vocational Scholars award perform a specified number
1951 of hours of community service work; requiring that the
1952 student identify a social problem of interest and
1953 develop a plan; amending ss. 1009.55, 1009.56,
1954 1009.57, 1009.60, 1009.68, and 1009.69, F.S.;
1955 requiring that the funding for the Rosewood Family
1956 Scholarship Program, the Seminole and Miccosukee
1957 Indian Scholarships, the Florida Teacher Scholarship
1958 and Forgivable Loan Program, the Minority Teacher
1959 Education Scholars Program, the Florida Minority
1960 Medical Education Program, and the Virgil Hawkins
1961 Fellows Assistance Program be as provided in the
1962 General Appropriations Act; amending s. 1009.701,
1963 F.S.; revising provisions relating to the First
1964 Generation Matching Grant Program; requiring that a
1965 student complete a specified federal application form
1966 before disbursement of an award; requiring that the
1967 first priority of funding be given to certain students
1968 who qualify and receive federal Pell Grant funds;
1969 amending ss. 1009.73 and 1009.74, F.S.; providing that
1970 funding for the Mary McLeod Bethune Scholarship
1971 Program and the Theodore R. and Vivian M. Johnson
1972 Scholarship Program be as provided in the General
1973 Appropriations Act; amending s. 1009.77, F.S.;
1974 revising provisions relating to the Florida Work
1975 Experience Program; requiring that a student complete
1976 a specified federal application form before
1977 disbursement of funds; requiring that first priority
1978 of funding be given to certain students who qualify
1979 and receive federal Pell Grant funds; requiring that
1980 the funding of the program be as provided in the
1981 General Appropriations Act; amending ss. 1009.89 and
1982 1009.891, F.S.; requiring that funding of the William
1983 L. Boyd, IV, Florida Resident Access Grant Program and
1984 the Access to Better Learning and Education Grant
1985 Program be provided as in the General Appropriations
1986 Act; requiring that a student complete a specified
1987 federal application form before disbursement of a
1988 grant; amending s. 1011.32, F.S.; providing that state
1989 matching funds for the Community College Facility
1990 Enhancement Challenge Grant Program be temporarily
1991 suspended for donations made on or after a specified
1992 date; providing that existing donations remain
1993 eligible for future matching funds; amending s.
1994 1011.61, F.S.; redefining the term “full-time
1995 equivalent student” as applied to a student in a
1996 combination of programs; amending s. 1011.80, F.S.;
1997 requiring that the Department of Education use a
1998 specified funding model to determine each district’s
1999 workforce education funding needs; prohibiting the
2000 expenditure of funds for the education of state or
2001 federal inmates; prohibiting the reporting of a
2002 student who is coenrolled in a K-12 education program
2003 and an adult education program for funding purposes;
2004 providing an exception; amending s. 1011.81, F.S.;
2005 prohibiting the expenditure of funds under the
2006 Community College Program Fund for the education of
2007 state or federal inmates; amending s. 1011.85, F.S.,
2008 relating to the Dr. Philip Benjamin Matching Grant
2009 Program for Community Colleges; providing that funds
2010 received from community events and festivals are not
2011 eligible for state matching funds; providing that
2012 state matching funds under the program be temporarily
2013 suspended for donations received on or after a
2014 specified date; providing that existing donations
2015 remain eligible for future matching funds; amending
2016 ss. 1011.94 and 1013.79, F.S.; providing that state
2017 matching funds for donations to the University Major
2018 Gifts Program and the University Facility Enhancement
2019 Challenge Grant Program are temporarily suspended;
2020 providing that existing donations remain eligible for
2021 future matching funds; amending ss. 1012.885 and
2022 1012.975, F.S.; limiting the amount of remuneration
2023 provided to a Florida College System institution
2024 president or a state university president for the
2025 2011-2012 fiscal year; creating ss. 1012.886 and
2026 1012.976, F.S.; defining terms; providing certain
2027 limitations on the amount of remuneration provided to
2028 Florida College System institution administrative
2029 employees and state university administrative
2030 employees; providing certain exceptions; providing for
2031 future expiration; amending s. 1013.33, F.S., relating
2032 to campus master plans and development agreements;
2033 conforming a cross-reference; repealing s. 1013.63,
2034 F.S., relating to the University Concurrency Trust
2035 Fund; amending s. 1013.737, F.S.; changing the name of
2036 the Class Size Reduction Lottery Revenue Bond Program
2037 to the Class Size Reduction and Educational Facilities
2038 Lottery Revenue Bond Program; authorizing the issuance
2039 of educational facilities bonds; requiring that the
2040 Department of Education work with the College Center
2041 for Library Automation to transfer the K-12 public
2042 school bibliographic database for inclusion in CCLA’s
2043 online discovery tool product for the public to
2044 search; requiring that the department also develop an
2045 ongoing process to provide for the updating of such
2046 data; requiring that the Chancellors of the State
2047 University System and the Florida College System
2048 submit a plan to the Governor and Legislature
2049 regarding the establishment of a joint library
2050 organization to address the needs of academic
2051 libraries; specifying requirements for the plan;
2052 authorizing a university board of trustees to expend
2053 reserve or carry-forward balances from prior year
2054 appropriations for the establishment of a new campus;
2055 requiring that the Florida College System Council of
2056 Presidents recommend an equitable funding formula for
2057 funds to the Florida College System institutions;
2058 requiring a report and recommendations to the State
2059 Board of Education, the Governor and the Legislature
2060 by a specified date; providing an effective date.