Florida Senate - 2017              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 2
       
       
       
       
       
                               Ì525260zÎ525260                          
       
       576-01754A-17                                                   
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Higher Education)
    1                        A bill to be entitled                      
    2         An act relating to higher education; providing a short
    3         title; amending s. 1001.66, F.S.; revising
    4         requirements for the performance-based metrics used to
    5         award Florida College System institutions with
    6         performance-based incentives; amending s. 1001.67,
    7         F.S.; revising the Distinguished Florida College
    8         System Institution Program excellence standards
    9         requirements; amending s. 1001.7065, F.S.; revising
   10         the preeminent state research universities program
   11         graduation rate requirements and funding
   12         distributions; deleting the authority for such
   13         universities to stipulate a special course requirement
   14         for incoming students; requiring the Board of
   15         Governors to establish certain standards by a
   16         specified date; amending s. 1001.92, F.S.; requiring
   17         certain performance-based metrics to include specified
   18         graduation rates; amending s. 1007.23, F.S.; requiring
   19         each Florida Community College System institution to
   20         execute at least one “2+2” Targeted Pathway
   21         articulation agreement by a specified time; providing
   22         requirements and student eligibility for the
   23         agreements; requiring the State Board of Community
   24         Colleges and the Board of Governors to collaborate to
   25         eliminate barriers for the agreements; amending s.
   26         1007.27, F.S.; requiring school districts to notify
   27         students about certain lists and equivalencies;
   28         amending s. 1008.30, F.S.; providing that certain
   29         state universities may continue to provide
   30         developmental education instruction; amending ss.
   31         1009.22 and 1009.23, F.S.; revising the prohibition on
   32         the inclusion of a technology fee in the Florida
   33         Bright Futures Scholarship Program award; amending s.
   34         1009.24, F.S.; revising the prohibition on the
   35         inclusion of a technology fee in the Florida Bright
   36         Futures Scholarship Program award; requiring each
   37         state university board of trustees to implement a
   38         block tuition policy for specified undergraduate
   39         students or undergraduate-level courses by a specified
   40         time; revising the conditions for differential
   41         tuition; amending s. 1009.534, F.S.; specifying
   42         Florida Academic Scholars award amounts to cover
   43         tuition, fees, textbooks, and other college-related
   44         expenses; amending s. 1009.701, F.S.; revising the
   45         state-to-private match requirement for contributions
   46         to the First Generation Matching Grant Program;
   47         amending s. 1009.89, F.S.; renaming the Florida
   48         Resident Access Grant Program; amending s. 1009.893,
   49         F.S.; extending coverage of Benacquisto Scholarships
   50         to include tuition and fees for qualified nonresident
   51         students; providing a directive to the Division of Law
   52         Revision and Information; providing an effective date.
   53          
   54  Be It Enacted by the Legislature of the State of Florida:
   55  
   56         Section 1. This act shall be cited as the “Florida
   57  Excellence in Higher Education Act of 2017.”
   58         Section 2. Subsection (1) of section 1001.66, Florida
   59  Statutes, is amended to read:
   60         1001.66 Florida College System Performance-Based
   61  Incentive.—
   62         (1) The following performance-based metrics must be used in
   63  awarding a Florida College System Performance-Based Incentive
   64  shall be awarded to a Florida College System institution:
   65  institutions using performance-based metrics
   66         (a)The distinguished college performance metrics specified
   67  in s. 1001.67(1);
   68         (b) A graduation rate for first-time-in-college students
   69  enrolled in an associate of arts degree program who graduate
   70  with a baccalaureate degree in 4 years after initially enrolling
   71  in an associates of arts degree program; and
   72         (c) One performance-based metric on college affordability
   73  adopted by the State Board of Education. The performance-based
   74  metrics must include retention rates; program completion and
   75  graduation rates; postgraduation employment, salaries, and
   76  continuing education for workforce education and baccalaureate
   77  programs, with wage thresholds that reflect the added value of
   78  the certificate or degree; and outcome measures appropriate for
   79  associate of arts degree recipients.
   80  
   81  The state board shall adopt benchmarks to evaluate each
   82  institution’s performance on the metrics to measure the
   83  institution’s achievement of institutional excellence or need
   84  for improvement and the minimum requirements for eligibility to
   85  receive performance funding.
   86         Section 3. Subsection (1) of section 1001.67, Florida
   87  Statutes, is amended to read:
   88         1001.67 Distinguished Florida College System Institution
   89  Program.—A collaborative partnership is established between the
   90  State Board of Education and the Legislature to recognize the
   91  excellence of Florida’s highest-performing Florida College
   92  System institutions.
   93         (1) EXCELLENCE STANDARDS.—The following excellence
   94  standards are established for the program:
   95         (a) A 100 150 percent-of-normal-time completion rate for
   96  full-time, first-time-in-college students of 50 percent or
   97  higher, as calculated by the Division of Florida Colleges.
   98         (b) A 100 150 percent-of-normal-time completion rate for
   99  full-time, first-time-in-college Pell Grant recipients of 40
  100  percent or higher, as calculated by the Division of Florida
  101  Colleges.
  102         (c) A retention rate of 70 percent or higher, as calculated
  103  by the Division of Florida Colleges.
  104         (d) A continuing education, or transfer, rate of 72 percent
  105  or higher for students graduating with an associate of arts
  106  degree, as reported by the Florida Education and Training
  107  Placement Information Program (FETPIP).
  108         (e) A licensure passage rate on the National Council
  109  Licensure Examination for Registered Nurses (NCLEX-RN) of 90
  110  percent or higher for first-time exam takers, as reported by the
  111  Board of Nursing.
  112         (f) A job placement or continuing education or job
  113  placement rate of 88 percent or higher for workforce programs,
  114  as reported by FETPIP, with wage thresholds that reflect the
  115  added value of the applicable certificate or degree. This
  116  paragraph does not apply to associate of arts degrees.
  117         (g) An excess hours rate of 40 percent or lower for A time
  118  to-degree for students graduating with an associate of arts
  119  degree recipients who graduate with 72 or more credit hours, as
  120  calculated by the Division of Florida Colleges of 2.25 years or
  121  less for first-time-in-college students with accelerated college
  122  credits, as reported by the Southern Regional Education Board.
  123         Section 4. Paragraph (d) of subsection (2), paragraph (c)
  124  of subsection (5), and subsections (6), (7), and (8) of section
  125  1001.7065, Florida Statutes, are amended to read:
  126         1001.7065 Preeminent state research universities program.—
  127         (2) ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—The
  128  following academic and research excellence standards are
  129  established for the preeminent state research universities
  130  program:
  131         (d) A 4-year 6-year graduation rate of 50 70 percent or
  132  higher for full-time, first-time-in-college students, as
  133  calculated by the Board of Governors reported annually to the
  134  IPEDS.
  135         (5) PREEMINENT STATE RESEARCH UNIVERSITIES PROGRAM
  136  SUPPORT.—
  137         (c) The award of funds under this subsection is contingent
  138  upon funding provided in the General Appropriations Act to
  139  support the preeminent state research universities program
  140  created under this section. Funding increases appropriated
  141  beyond the amounts funded in the previous fiscal year shall be
  142  distributed as follows:
  143         1. Each designated preeminent state research university
  144  that meets the criteria in paragraph (a) shall receive an equal
  145  amount of funding.
  146         2. Each designated emerging preeminent state research
  147  university that meets the criteria in paragraph (b) shall
  148  receive an amount of funding that is equal to one-fourth one
  149  half of the total increased amount awarded to each designated
  150  preeminent state research university.
  151         (6) PREEMINENT STATE RESEARCH UNIVERSITY SPECIAL COURSE
  152  REQUIREMENT AUTHORITY.—In order to provide a jointly shared
  153  educational experience, a university that is designated a
  154  preeminent state research university may require its incoming
  155  first-time-in-college students to take a six-credit set of
  156  unique courses specifically determined by the university and
  157  published on the university’s website. The university may
  158  stipulate that credit for such courses may not be earned through
  159  any acceleration mechanism pursuant to s. 1007.27 or s. 1007.271
  160  or any other transfer credit. All accelerated credits earned up
  161  to the limits specified in ss. 1007.27 and 1007.271 shall be
  162  applied toward graduation at the student’s request.
  163         (6)(7) PREEMINENT STATE RESEARCH UNIVERSITY FLEXIBILITY
  164  AUTHORITY.—The Board of Governors is encouraged to identify and
  165  grant all reasonable, feasible authority and flexibility to
  166  ensure that each designated preeminent state research university
  167  and each designated emerging preeminent state research
  168  university is free from unnecessary restrictions.
  169         (7)(8) PROGRAMS OF EXCELLENCE THROUGHOUT THE STATE
  170  UNIVERSITY SYSTEM.—The Board of Governors shall is encouraged to
  171  establish standards and measures whereby individual
  172  undergraduate, graduate, and professional degree programs in
  173  state universities which that objectively reflect national
  174  excellence can be identified and make recommendations to the
  175  Legislature by September 1, 2017, as to how any such programs
  176  could be enhanced and promoted.
  177         Section 5. Subsection (1) of section 1001.92, Florida
  178  Statutes, is amended to read:
  179         1001.92 State University System Performance-Based
  180  Incentive.—
  181         (1) A State University System Performance-Based Incentive
  182  shall be awarded to state universities using performance-based
  183  metrics adopted by the Board of Governors of the State
  184  University System. The performance-based metrics must include 4
  185  year graduation rates; retention rates; postgraduation education
  186  rates; degree production; affordability; postgraduation
  187  employment and salaries, including wage thresholds that reflect
  188  the added value of a baccalaureate degree; access; and other
  189  metrics approved by the board in a formally noticed meeting. The
  190  board shall adopt benchmarks to evaluate each state university’s
  191  performance on the metrics to measure the state university’s
  192  achievement of institutional excellence or need for improvement
  193  and minimum requirements for eligibility to receive performance
  194  funding.
  195         Section 6. Subsection (7) is added to section 1007.23,
  196  Florida Statutes, to read:
  197         1007.23 Statewide articulation agreement.—
  198         (7) To strengthen Florida’s “2+2” system of articulation
  199  and improve student retention and on-time graduation, by the
  200  2018-2019 academic year, each Florida Community College System
  201  institution shall execute at least one “2+2” targeted pathway
  202  articulation agreement with one or more state universities to
  203  establish “2+2” targeted pathway programs. The agreement must
  204  provide students who graduate with an associate in arts degree
  205  and who meet specified requirements guaranteed access to the
  206  state university and a degree program at that university, in
  207  accordance with the terms of the “2+2” targeted pathway
  208  articulation agreement.
  209         (a) To participate in a “2+2” targeted pathway program, a
  210  student must:
  211         1. Enroll in the program before completing 30 credit hours,
  212  including, but not limited to, college credits earned through
  213  articulated acceleration mechanisms pursuant to s. 1007.27;
  214         2. Complete an associate in arts degree; and
  215         3. Meet the university’s transfer requirements.
  216         (b) A state university that executes a “2+2” targeted
  217  pathway articulation agreement must meet the following
  218  requirements in order to implement a “2+2” targeted pathway
  219  program in collaboration with its partner Florida Community
  220  College System institution:
  221         1. Establish a 4-year on-time graduation plan for a
  222  baccalaureate degree program, including, but not limited to, a
  223  plan for students to complete associate in arts degree programs,
  224  general education courses, common prerequisite courses, and
  225  elective courses;
  226         2. Advise students enrolled in the program about the
  227  university’s transfer and degree program requirements; and
  228         3. Provide students who meet the requirements under this
  229  paragraph with access to academic advisors and campus events and
  230  with guaranteed admittance to the state university and a degree
  231  program of the state university, in accordance with the terms of
  232  the agreement.
  233         (c)To assist the state universities and Florida Community
  234  College institutions with implementing the “2+2” targeted
  235  pathway programs effectively, the State Board of Community
  236  Colleges and the Board of Governors shall collaborate to
  237  eliminate barriers in executing “2+2” targeted pathway
  238  articulation agreements.
  239         Section 7. Subsection (2) of section 1007.27, Florida
  240  Statutes, is amended to read:
  241         1007.27 Articulated acceleration mechanisms.—
  242         (2)(a) The Department of Education shall annually identify
  243  and publish the minimum scores, maximum credit, and course or
  244  courses for which credit is to be awarded for each College Level
  245  Examination Program (CLEP) subject examination, College Board
  246  Advanced Placement Program examination, Advanced International
  247  Certificate of Education examination, International
  248  Baccalaureate examination, Excelsior College subject
  249  examination, Defense Activity for Non-Traditional Education
  250  Support (DANTES) subject standardized test, and Defense Language
  251  Proficiency Test (DLPT). The department shall use student
  252  performance data in subsequent postsecondary courses to
  253  determine the appropriate examination scores and courses for
  254  which credit is to be granted. Minimum scores may vary by
  255  subject area based on available performance data. In addition,
  256  the department shall identify such courses in the general
  257  education core curriculum of each state university and Florida
  258  College System institution.
  259         (b) Each district school board shall notify students who
  260  enroll in articulated acceleration mechanism courses or take
  261  examinations pursuant to this section of the credit-by
  262  examination equivalency list adopted by rule by the State Board
  263  of Education and the dual enrollment course and high school
  264  subject area equivalencies approved by the state board pursuant
  265  to s. 1007.271(9).
  266         Section 8. Paragraph (c) of subsection (5) of section
  267  1008.30, Florida Statutes, is amended to read:
  268         1008.30 Common placement testing for public postsecondary
  269  education.—
  270         (5)
  271         (c) A university board of trustees may contract with a
  272  Florida College System institution board of trustees for the
  273  Florida College System institution to provide developmental
  274  education on the state university campus. Any state university
  275  in which the percentage of incoming students requiring
  276  developmental education equals or exceeds the average percentage
  277  of such students for the Florida College System may offer
  278  developmental education without contracting with a Florida
  279  College System institution; however, any state university
  280  offering college-preparatory instruction as of January 1, 1996,
  281  may continue to provide developmental education instruction
  282  pursuant to s. 1008.02(1) such services.
  283         Section 9. Subsection (7) of section 1009.22, Florida
  284  Statutes, is amended to read:
  285         1009.22 Workforce education postsecondary student fees.—
  286         (7) Each district school board and Florida College System
  287  institution board of trustees is authorized to establish a
  288  separate fee for technology, not to exceed 5 percent of tuition
  289  per credit hour or credit-hour equivalent for resident students
  290  and not to exceed 5 percent of tuition and the out-of-state fee
  291  per credit hour or credit-hour equivalent for nonresident
  292  students. Revenues generated from the technology fee shall be
  293  used to enhance instructional technology resources for students
  294  and faculty and may shall not be included in an any award under
  295  the Florida Bright Futures Scholarship Program, except as
  296  authorized for the Florida Academic Scholars award under s.
  297  1009.534. Fifty percent of technology fee revenues may be
  298  pledged by a Florida College System institution board of
  299  trustees as a dedicated revenue source for the repayment of
  300  debt, including lease-purchase agreements, not to exceed the
  301  useful life of the asset being financed. Revenues generated from
  302  the technology fee may not be bonded.
  303         Section 10. Subsection (10) of section 1009.23, Florida
  304  Statutes, is amended to read:
  305         1009.23 Florida College System institution student fees.—
  306         (10) Each Florida College System institution board of
  307  trustees is authorized to establish a separate fee for
  308  technology, which may not exceed 5 percent of tuition per credit
  309  hour or credit-hour equivalent for resident students and may not
  310  exceed 5 percent of tuition and the out-of-state fee per credit
  311  hour or credit-hour equivalent for nonresident students.
  312  Revenues generated from the technology fee shall be used to
  313  enhance instructional technology resources for students and
  314  faculty. The technology fee may apply to both college credit and
  315  developmental education and may shall not be included in an any
  316  award under the Florida Bright Futures Scholarship Program,
  317  except as authorized for the Florida Academic Scholars award
  318  under s. 1009.534. Fifty percent of technology fee revenues may
  319  be pledged by a Florida College System institution board of
  320  trustees as a dedicated revenue source for the repayment of
  321  debt, including lease-purchase agreements, not to exceed the
  322  useful life of the asset being financed. Revenues generated from
  323  the technology fee may not be bonded.
  324         Section 11. Subsection (13), paragraph (a) of subsection
  325  (15), and paragraph (b) of subsection (16) of section 1009.24,
  326  Florida Statutes, are amended to read:
  327         1009.24 State university student fees.—
  328         (13) Each university board of trustees may establish a
  329  technology fee of up to 5 percent of the tuition per credit
  330  hour. The revenue from this fee shall be used to enhance
  331  instructional technology resources for students and faculty. The
  332  technology fee may not be included in an any award under the
  333  Florida Bright Futures Scholarship Program established pursuant
  334  to ss. 1009.53-1009.538, except as authorized for the Florida
  335  Academic Scholars award under s. 1009.534.
  336         (15)(a) The Board of Governors may approve:
  337         1. A proposal from a university board of trustees to
  338  establish a new student fee that is not specifically authorized
  339  by this section.
  340         2. A proposal from a university board of trustees to
  341  increase the current cap for an existing fee authorized pursuant
  342  to paragraphs (14)(a)-(g).
  343         3. A proposal from a university board of trustees to
  344  implement flexible tuition policies, such as undergraduate or
  345  graduate block tuition, block tuition differential, or market
  346  tuition rates for graduate-level online courses or graduate
  347  level courses offered through a university’s continuing
  348  education program. A block tuition policy for resident
  349  undergraduate students or undergraduate-level courses must shall
  350  be adopted by each university board of trustees for
  351  implementation by the fall 2018 academic semester and must be
  352  based on the per-credit-hour undergraduate tuition established
  353  under subsection (4). A block tuition policy for nonresident
  354  undergraduate students must shall be adopted by each university
  355  board of trustees for implementation by the fall 2018 academic
  356  semester and must be based on the per-credit-hour undergraduate
  357  tuition and out-of-state fee established under subsection (4).
  358  Flexible tuition policies, including block tuition, may not
  359  increase the state’s fiscal liability or obligation.
  360         (16) Each university board of trustees may establish a
  361  tuition differential for undergraduate courses upon receipt of
  362  approval from the Board of Governors. However, beginning July 1,
  363  2014, the Board of Governors may only approve the establishment
  364  of or an increase in tuition differential for a state research
  365  university designated as a preeminent state research university
  366  pursuant to s. 1001.7065(3). The tuition differential shall
  367  promote improvements in the quality of undergraduate education
  368  and shall provide financial aid to undergraduate students who
  369  exhibit financial need.
  370         (b) Each tuition differential is subject to the following
  371  conditions:
  372         1. The tuition differential may be assessed on one or more
  373  undergraduate courses or on all undergraduate courses at a state
  374  university.
  375         2. The tuition differential may vary by course or courses,
  376  by campus or center location, and by institution. Each
  377  university board of trustees shall strive to maintain and
  378  increase enrollment in degree programs related to math, science,
  379  high technology, and other state or regional high-need fields
  380  when establishing tuition differentials by course.
  381         3. For each state university that is designated as a
  382  preeminent state research university by the Board of Governors,
  383  pursuant to s. 1001.7065, the aggregate sum of tuition and the
  384  tuition differential may be increased by no more than 6 percent
  385  of the total charged for the aggregate sum of these fees in the
  386  preceding fiscal year. The tuition differential may be increased
  387  if the university meets or exceeds performance standard targets
  388  for that university established annually by the Board of
  389  Governors for the following performance standards, amounting to
  390  no more than a 2-percent increase in the tuition differential
  391  for each performance standard:
  392         a. An increase in the 4-year 6-year graduation rate for
  393  full-time, first-time-in-college students, as calculated by the
  394  Board of Governors reported annually to the Integrated
  395  Postsecondary Education Data System.
  396         b. An increase in the total annual research expenditures.
  397         c. An increase in the total patents awarded by the United
  398  States Patent and Trademark Office for the most recent years.
  399         4. The aggregate sum of undergraduate tuition and fees per
  400  credit hour, including the tuition differential, may not exceed
  401  the national average of undergraduate tuition and fees at 4-year
  402  degree-granting public postsecondary educational institutions.
  403         5. The tuition differential shall not be included in an any
  404  award under the Florida Bright Futures Scholarship Program
  405  established pursuant to ss. 1009.53-1009.538, except as
  406  authorized for the Florida Academic Scholars award under s.
  407  1009.534.
  408         6. Beneficiaries having prepaid tuition contracts pursuant
  409  to s. 1009.98(2)(b) which were in effect on July 1, 2007, and
  410  which remain in effect, are exempt from the payment of the
  411  tuition differential.
  412         7. The tuition differential may not be charged to any
  413  student who was in attendance at the university before July 1,
  414  2007, and who maintains continuous enrollment.
  415         8. The tuition differential may be waived by the university
  416  for students who meet the eligibility requirements for the
  417  Florida public student assistance grant established in s.
  418  1009.50.
  419         9. Subject to approval by the Board of Governors, the
  420  tuition differential authorized pursuant to this subsection may
  421  take effect with the 2009 fall term.
  422         Section 12. Subsection (2) of section 1009.534, Florida
  423  Statutes, is amended to read:
  424         1009.534 Florida Academic Scholars award.—
  425         (2) A Florida Academic Scholar who is enrolled in a
  426  certificate, diploma, associate, or baccalaureate degree program
  427  at a public or nonpublic postsecondary education institution is
  428  eligible, beginning in the fall 2017 academic semester, for an
  429  award equal to the amount required to pay 100 percent of tuition
  430  and fees established under ss. 1009.22(3), (5), (6), and (7);
  431  1009.23(3), (4), (7), (8), (10), and (11); and 1009.24(4), (7)
  432  (13), (14)(r), and (16), as applicable, and is eligible for an
  433  additional $300 each fall and spring academic semester or the
  434  equivalent for textbooks and college-related specified in the
  435  General Appropriations Act to assist with the payment of
  436  educational expenses.
  437         Section 13. Subsection (2) of section 1009.701, Florida
  438  Statutes, is amended to read:
  439         1009.701 First Generation Matching Grant Program.—
  440         (2) Funds appropriated by the Legislature for the program
  441  shall be allocated by the Office of Student Financial Assistance
  442  to match private contributions at on a ratio of $2 of state
  443  funds to $1 of private contributions dollar-for-dollar basis.
  444  Contributions made to a state university and pledged for the
  445  purposes of this section are eligible for state matching funds
  446  appropriated for this program and are not eligible for any other
  447  state matching grant program. Pledged contributions are not
  448  eligible for matching prior to the actual collection of the
  449  total funds. The Office of Student Financial Assistance shall
  450  reserve a proportionate allocation of the total appropriated
  451  funds for each state university on the basis of full-time
  452  equivalent enrollment. Funds that remain unmatched as of
  453  December 1 shall be reallocated to state universities that have
  454  remaining unmatched private contributions for the program on the
  455  basis of full-time equivalent enrollment.
  456         Section 14. Section 1009.89, Florida Statutes, is amended
  457  to read:
  458         1009.89 The William L. Boyd, IV, Effective Access to
  459  Student Education Florida resident access grants.—
  460         (1) The Legislature finds and declares that independent
  461  nonprofit colleges and universities eligible to participate in
  462  the William L. Boyd, IV, Effective Access to Student Education
  463  Florida Resident Access Grant Program are an integral part of
  464  the higher education system in this state and that a significant
  465  number of state residents choose this form of higher education.
  466  The Legislature further finds that a strong and viable system of
  467  independent nonprofit colleges and universities reduces the tax
  468  burden on the citizens of the state. Because the William L.
  469  Boyd, IV, Effective Access to Student Education Florida Resident
  470  Access Grant Program is not related to a student’s financial
  471  need or other criteria upon which financial aid programs are
  472  based, it is the intent of the Legislature that the William L.
  473  Boyd, IV, Effective Access to Student Education Florida Resident
  474  Access Grant Program not be considered a financial aid program
  475  but rather a tuition assistance program for its citizens.
  476         (2) The William L. Boyd, IV, Effective Access to Student
  477  Education Florida Resident Access Grant Program shall be
  478  administered by the Department of Education. The State Board of
  479  Education shall adopt rules for the administration of the
  480  program.
  481         (3) The department shall issue through the program a
  482  William L. Boyd, IV, Effective Access to Student Education
  483  Florida resident access grant to any full-time degree-seeking
  484  undergraduate student registered at an independent nonprofit
  485  college or university which is located in and chartered by the
  486  state; which is accredited by the Commission on Colleges of the
  487  Southern Association of Colleges and Schools; which grants
  488  baccalaureate degrees; which is not a state university or
  489  Florida College System institution; and which has a secular
  490  purpose, so long as the receipt of state aid by students at the
  491  institution would not have the primary effect of advancing or
  492  impeding religion or result in an excessive entanglement between
  493  the state and any religious sect. Any independent college or
  494  university that was eligible to receive tuition vouchers on
  495  January 1, 1989, and which continues to meet the criteria under
  496  which its eligibility was established, shall remain eligible to
  497  receive William L. Boyd, IV, Effective Access to Student
  498  Education Florida resident access grant payments.
  499         (4) A person is eligible to receive such William L. Boyd,
  500  IV, Effective Access to Student Education Florida resident
  501  access grant if:
  502         (a) He or she meets the general requirements, including
  503  residency, for student eligibility as provided in s. 1009.40,
  504  except as otherwise provided in this section; and
  505         (b)1. He or she is enrolled as a full-time undergraduate
  506  student at an eligible college or university;
  507         2. He or she is not enrolled in a program of study leading
  508  to a degree in theology or divinity; and
  509         3. He or she is making satisfactory academic progress as
  510  defined by the college or university in which he or she is
  511  enrolled.
  512         (5)(a) Funding for the William L. Boyd, IV, Effective
  513  Access to Student Education Florida Resident Access Grant
  514  Program for eligible institutions shall be as provided in the
  515  General Appropriations Act. The William L. Boyd, IV, Effective
  516  Access to Student Education Florida resident access grant may be
  517  paid on a prorated basis in advance of the registration period.
  518  The department shall make such payments to the college or
  519  university in which the student is enrolled for credit to the
  520  student’s account for payment of tuition and fees. Institutions
  521  shall certify to the department the amount of funds disbursed to
  522  each student and shall remit to the department any undisbursed
  523  advances or refunds within 60 days of the end of regular
  524  registration. A student is not eligible to receive the award for
  525  more than 9 semesters or 14 quarters, except as otherwise
  526  provided in s. 1009.40(3).
  527         (b) If the combined amount of the William L. Boyd, IV,
  528  Effective Access to Student Education Florida resident access
  529  grant issued pursuant to this act and all other scholarships and
  530  grants for tuition or fees exceeds the amount charged to the
  531  student for tuition and fees, the department shall reduce the
  532  William L. Boyd, IV, Effective Access to Student Education
  533  Florida resident access grant issued pursuant to this act by an
  534  amount equal to such excess.
  535         (6) If the number of eligible students exceeds the total
  536  authorized in the General Appropriations Act, an institution may
  537  use its own resources to assure that each eligible student
  538  receives the full benefit of the grant amount authorized.
  539         Section 15. Subsections (2), (4), and (5) of section
  540  1009.893, Florida Statutes, are amended to read:
  541         1009.893 Benacquisto Scholarship Program.—
  542         (2) The Benacquisto Scholarship Program is created to
  543  reward a any Florida high school graduate who receives
  544  recognition as a National Merit Scholar or National Achievement
  545  Scholar and who initially enrolls in the 2014-2015 academic year
  546  or, later, in a baccalaureate degree program at an eligible
  547  Florida public or independent postsecondary educational
  548  institution.
  549         (4) In order to be eligible for an award under the
  550  scholarship program, a student must meet the requirements of
  551  paragraph (a) or paragraph (b).:
  552         (a) A student who is a resident of the state, Be a state
  553  resident as determined in s. 1009.40 and rules of the State
  554  Board of Education, must:;
  555         1.(b) Earn a standard Florida high school diploma or its
  556  equivalent pursuant to s. 1002.3105, s. 1003.4281, s. 1003.4282,
  557  or s. 1003.435 unless:
  558         a.1. The student completes a home education program
  559  according to s. 1002.41; or
  560         b.2. The student earns a high school diploma from a non
  561  Florida school while living with a parent who is on military or
  562  public service assignment out of this state;
  563         2.(c) Be accepted by and enroll in a Florida public or
  564  independent postsecondary educational institution that is
  565  regionally accredited; and
  566         3.(d) Be enrolled full-time in a baccalaureate degree
  567  program at an eligible regionally accredited Florida public or
  568  independent postsecondary educational institution during the
  569  fall academic term following high school graduation.
  570         (b)A student who initially enrolls in a baccalaureate
  571  degree program in the 2017-2018 academic year or later and who
  572  is not a resident of this state, as determined pursuant to s.
  573  1009.40 and rules of the State Board of Education, must:
  574         1.Physically reside in this state on or near the campus of
  575  the postsecondary educational institution in which the student
  576  is enrolled;
  577         2. Earn a high school diploma from a school outside Florida
  578  which is comparable to a standard Florida high school diploma or
  579  its equivalent pursuant to s. 1002.3105, s. 1003.4281, s.
  580  1003.4282, or s. 1003.435 or must complete a home education
  581  program in another state; and
  582         3. Be accepted by and enrolled full-time in a baccalaureate
  583  degree program at an eligible regionally accredited Florida
  584  public or independent postsecondary educational institution
  585  during the fall academic term following high school graduation.
  586         (5)(a)1. An eligible student who meets the requirements of
  587  paragraph (4)(a), who is a National Merit Scholar or National
  588  Achievement Scholar, and who attends a Florida public
  589  postsecondary educational institution shall receive a
  590  scholarship award equal to the institutional cost of attendance
  591  minus the sum of the student’s Florida Bright Futures
  592  Scholarship and National Merit Scholarship or National
  593  Achievement Scholarship.
  594         2. An eligible student who meets the requirements under
  595  paragraph (4)(b), who is a National Merit Scholar, and who
  596  attends a Florida public postsecondary educational institution
  597  shall receive a scholarship award equal to the institutional
  598  cost of attendance for a resident of this state less the
  599  student’s National Merit Scholarship. Such student is exempt
  600  from the payment of out-of-state fees.
  601         (b) An eligible student who is a National Merit Scholar or
  602  National Achievement Scholar and who attends a Florida
  603  independent postsecondary educational institution shall receive
  604  a scholarship award equal to the highest cost of attendance for
  605  a resident of this state enrolled at a Florida public
  606  university, as reported by the Board of Governors of the State
  607  University System, minus the sum of the student’s Florida Bright
  608  Futures Scholarship and National Merit Scholarship or National
  609  Achievement Scholarship.
  610         Section 16. The Division of Law Revision and Information is
  611  directed to prepare a reviser’s bill for the 2018 Regular
  612  Session to substitute the term “Effective Access to Student
  613  Education Grant Program” for “Florida Resident Access Grant
  614  Program” and the term “Effective Access to Student Education
  615  grant” for “Florida resident access grant” wherever those terms
  616  appear in the Florida Statutes.
  617         Section 17. This act shall take effect July 1, 2017.