Florida Senate - 2017                                CS for SB 2
       
       
        
       By the Committee on Education; and Senator Galvano
       
       581-00893-17                                             20172c1
    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 measures and
   67  respective excellence standards specified 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 of 50
   96  percent or higher, as calculated by the Division of Florida
   97  Colleges.
   98         (b) A 100 150 percent-of-normal-time completion rate for
   99  Pell Grant recipients of 40 percent or higher, as calculated by
  100  the Division of Florida Colleges.
  101         (c) A retention rate of 70 percent or higher, as calculated
  102  by the Division of Florida Colleges.
  103         (d) A continuing education, or transfer, rate of 72 percent
  104  or higher for students graduating with an associate of arts
  105  degree, as reported by the Florida Education and Training
  106  Placement Information Program (FETPIP).
  107         (e) A licensure passage rate on the National Council
  108  Licensure Examination for Registered Nurses (NCLEX-RN) of 90
  109  percent or higher for first-time exam takers, as reported by the
  110  Board of Nursing.
  111         (f) A job placement or continuing education or job
  112  placement rate of 88 percent or higher for workforce programs,
  113  as reported by FETPIP, with wage thresholds that reflect the
  114  added value of the applicable certificate or degree. This
  115  paragraph does not apply to associate of arts degrees.
  116         (g) An excess hours rate of 40 percent or lower for A time
  117  to-degree for students graduating with an associate of arts
  118  degree recipients who graduate with 72 or more credit hours, as
  119  calculated by the Division of Florida Colleges of 2.25 years or
  120  less for first-time-in-college students with accelerated college
  121  credits, as reported by the Southern Regional Education Board.
  122         Section 4. Paragraph (d) of subsection (2), paragraph (c)
  123  of subsection (5), and subsections (6), (7), and (8) of section
  124  1001.7065, Florida Statutes, are amended to read:
  125         1001.7065 Preeminent state research universities program.—
  126         (2) ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—The
  127  following academic and research excellence standards are
  128  established for the preeminent state research universities
  129  program:
  130         (d) A 4-year 6-year graduation rate of 50 70 percent or
  131  higher for full-time, first-time-in-college students, as
  132  calculated by the Board of Governors reported annually to the
  133  IPEDS.
  134         (5) PREEMINENT STATE RESEARCH UNIVERSITIES PROGRAM
  135  SUPPORT.—
  136         (c) The award of funds under this subsection is contingent
  137  upon funding provided in the General Appropriations Act to
  138  support the preeminent state research universities program
  139  created under this section. Funding increases appropriated
  140  beyond the amounts funded in the previous fiscal year shall be
  141  distributed as follows:
  142         1. Each designated preeminent state research university
  143  that meets the criteria in paragraph (a) shall receive an equal
  144  amount of funding.
  145         2. Each designated emerging preeminent state research
  146  university that meets the criteria in paragraph (b) shall
  147  receive an amount of funding that is equal to one-fourth one
  148  half of the total increased amount awarded to each designated
  149  preeminent state research university.
  150         (6) PREEMINENT STATE RESEARCH UNIVERSITY SPECIAL COURSE
  151  REQUIREMENT AUTHORITY.—In order to provide a jointly shared
  152  educational experience, a university that is designated a
  153  preeminent state research university may require its incoming
  154  first-time-in-college students to take a six-credit set of
  155  unique courses specifically determined by the university and
  156  published on the university’s website. The university may
  157  stipulate that credit for such courses may not be earned through
  158  any acceleration mechanism pursuant to s. 1007.27 or s. 1007.271
  159  or any other transfer credit. All accelerated credits earned up
  160  to the limits specified in ss. 1007.27 and 1007.271 shall be
  161  applied toward graduation at the student’s request.
  162         (6)(7) PREEMINENT STATE RESEARCH UNIVERSITY FLEXIBILITY
  163  AUTHORITY.—The Board of Governors is encouraged to identify and
  164  grant all reasonable, feasible authority and flexibility to
  165  ensure that each designated preeminent state research university
  166  and each designated emerging preeminent state research
  167  university is free from unnecessary restrictions.
  168         (7)(8) PROGRAMS OF EXCELLENCE THROUGHOUT THE STATE
  169  UNIVERSITY SYSTEM.—The Board of Governors shall is encouraged to
  170  establish standards and measures whereby individual
  171  undergraduate, graduate, and professional degree programs in
  172  state universities which that objectively reflect national
  173  excellence can be identified and make recommendations to the
  174  Legislature by September 1, 2017, as to how any such programs
  175  could be enhanced and promoted.
  176         Section 5. Subsection (1) of section 1001.92, Florida
  177  Statutes, is amended to read:
  178         1001.92 State University System Performance-Based
  179  Incentive.—
  180         (1) A State University System Performance-Based Incentive
  181  shall be awarded to state universities using performance-based
  182  metrics adopted by the Board of Governors of the State
  183  University System. The performance-based metrics must include 4
  184  year graduation rates; retention rates; postgraduation education
  185  rates; degree production; affordability; postgraduation
  186  employment and salaries, including wage thresholds that reflect
  187  the added value of a baccalaureate degree; access; and other
  188  metrics approved by the board in a formally noticed meeting. The
  189  board shall adopt benchmarks to evaluate each state university’s
  190  performance on the metrics to measure the state university’s
  191  achievement of institutional excellence or need for improvement
  192  and minimum requirements for eligibility to receive performance
  193  funding.
  194         Section 6. Subsection (7) is added to section 1007.23,
  195  Florida Statutes, to read:
  196         1007.23 Statewide articulation agreement.—
  197         (7) To strengthen Florida’s “2+2” system of articulation
  198  and improve student retention and on-time graduation, by the
  199  2018-2019 academic year, each Florida Community College System
  200  institution shall execute at least one “2+2” targeted pathway
  201  articulation agreement with one or more state universities to
  202  establish “2+2” targeted pathway programs. The agreement must
  203  provide students who graduate with an associate in arts degree
  204  and who meet specified requirements guaranteed access to the
  205  state university and a degree program at that university, in
  206  accordance with the terms of the “2+2” targeted pathway
  207  articulation agreement.
  208         (a) To participate in a “2+2” targeted pathway program, a
  209  student must:
  210         1. Enroll in the program before completing 30 credit hours,
  211  including, but not limited to, college credits earned through
  212  articulated acceleration mechanisms pursuant to s. 1007.27;
  213         2. Complete an associate in arts degree; and
  214         3. Meet the university’s transfer requirements.
  215         (b) A state university that executes a “2+2” targeted
  216  pathway articulation agreement must meet the following
  217  requirements in order to implement a “2+2” targeted pathway
  218  program in collaboration with its partner Florida Community
  219  College System institution:
  220         1. Establish a 4-year on-time graduation plan for a
  221  baccalaureate degree program, including, but not limited to, a
  222  plan for students to complete associate in arts degree programs,
  223  general education courses, common prerequisite courses, and
  224  elective courses;
  225         2. Advise students enrolled in the program about the
  226  university’s transfer and degree program requirements; and
  227         3. Provide students who meet the requirements under this
  228  paragraph with access to academic advisors and campus events and
  229  with guaranteed admittance to the state university and a degree
  230  program of the state university, in accordance with the terms of
  231  the agreement.
  232         (c)To assist the state universities and Florida Community
  233  College institutions with implementing the “2+2” targeted
  234  pathway programs effectively, the State Board of Community
  235  Colleges and the Board of Governors shall collaborate to
  236  eliminate barriers in executing “2+2” targeted pathway
  237  articulation agreements.
  238         Section 7. Subsection (2) of section 1007.27, Florida
  239  Statutes, is amended to read:
  240         1007.27 Articulated acceleration mechanisms.—
  241         (2)(a) The Department of Education shall annually identify
  242  and publish the minimum scores, maximum credit, and course or
  243  courses for which credit is to be awarded for each College Level
  244  Examination Program (CLEP) subject examination, College Board
  245  Advanced Placement Program examination, Advanced International
  246  Certificate of Education examination, International
  247  Baccalaureate examination, Excelsior College subject
  248  examination, Defense Activity for Non-Traditional Education
  249  Support (DANTES) subject standardized test, and Defense Language
  250  Proficiency Test (DLPT). The department shall use student
  251  performance data in subsequent postsecondary courses to
  252  determine the appropriate examination scores and courses for
  253  which credit is to be granted. Minimum scores may vary by
  254  subject area based on available performance data. In addition,
  255  the department shall identify such courses in the general
  256  education core curriculum of each state university and Florida
  257  College System institution.
  258         (b) Each district school board shall notify students who
  259  enroll in articulated acceleration mechanism courses or take
  260  examinations pursuant to this section of the credit-by
  261  examination equivalency list adopted by rule by the State Board
  262  of Education and the dual enrollment course and high school
  263  subject area equivalencies approved by the state board pursuant
  264  to s. 1007.271(9).
  265         Section 8. Paragraph (c) of subsection (5) of section
  266  1008.30, Florida Statutes, is amended to read:
  267         1008.30 Common placement testing for public postsecondary
  268  education.—
  269         (5)
  270         (c) A university board of trustees may contract with a
  271  Florida College System institution board of trustees for the
  272  Florida College System institution to provide developmental
  273  education on the state university campus. Any state university
  274  in which the percentage of incoming students requiring
  275  developmental education equals or exceeds the average percentage
  276  of such students for the Florida College System may offer
  277  developmental education without contracting with a Florida
  278  College System institution; however, any state university
  279  offering college-preparatory instruction as of January 1, 1996,
  280  may continue to provide developmental education instruction
  281  pursuant to s. 1008.02(1) such services.
  282         Section 9. Subsection (7) of section 1009.22, Florida
  283  Statutes, is amended to read:
  284         1009.22 Workforce education postsecondary student fees.—
  285         (7) Each district school board and Florida College System
  286  institution board of trustees is authorized to establish a
  287  separate fee for technology, not to exceed 5 percent of tuition
  288  per credit hour or credit-hour equivalent for resident students
  289  and not to exceed 5 percent of tuition and the out-of-state fee
  290  per credit hour or credit-hour equivalent for nonresident
  291  students. Revenues generated from the technology fee shall be
  292  used to enhance instructional technology resources for students
  293  and faculty and may shall not be included in an any award under
  294  the Florida Bright Futures Scholarship Program, except as
  295  authorized for the Florida Academic Scholars award under s.
  296  1009.534. Fifty percent of technology fee revenues may be
  297  pledged by a Florida College System institution board of
  298  trustees as a dedicated revenue source for the repayment of
  299  debt, including lease-purchase agreements, not to exceed the
  300  useful life of the asset being financed. Revenues generated from
  301  the technology fee may not be bonded.
  302         Section 10. Subsection (10) of section 1009.23, Florida
  303  Statutes, is amended to read:
  304         1009.23 Florida College System institution student fees.—
  305         (10) Each Florida College System institution board of
  306  trustees is authorized to establish a separate fee for
  307  technology, which may not exceed 5 percent of tuition per credit
  308  hour or credit-hour equivalent for resident students and may not
  309  exceed 5 percent of tuition and the out-of-state fee per credit
  310  hour or credit-hour equivalent for nonresident students.
  311  Revenues generated from the technology fee shall be used to
  312  enhance instructional technology resources for students and
  313  faculty. The technology fee may apply to both college credit and
  314  developmental education and may shall not be included in an any
  315  award under the Florida Bright Futures Scholarship Program,
  316  except as authorized for the Florida Academic Scholars award
  317  under s. 1009.534. Fifty percent of technology fee revenues may
  318  be pledged by a Florida College System institution board of
  319  trustees as a dedicated revenue source for the repayment of
  320  debt, including lease-purchase agreements, not to exceed the
  321  useful life of the asset being financed. Revenues generated from
  322  the technology fee may not be bonded.
  323         Section 11. Subsection (13), paragraph (a) of subsection
  324  (15), and paragraph (b) of subsection (16) of section 1009.24,
  325  Florida Statutes, are amended to read:
  326         1009.24 State university student fees.—
  327         (13) Each university board of trustees may establish a
  328  technology fee of up to 5 percent of the tuition per credit
  329  hour. The revenue from this fee shall be used to enhance
  330  instructional technology resources for students and faculty. The
  331  technology fee may not be included in an any award under the
  332  Florida Bright Futures Scholarship Program established pursuant
  333  to ss. 1009.53-1009.538, except as authorized for the Florida
  334  Academic Scholars award under s. 1009.534.
  335         (15)(a) The Board of Governors may approve:
  336         1. A proposal from a university board of trustees to
  337  establish a new student fee that is not specifically authorized
  338  by this section.
  339         2. A proposal from a university board of trustees to
  340  increase the current cap for an existing fee authorized pursuant
  341  to paragraphs (14)(a)-(g).
  342         3. A proposal from a university board of trustees to
  343  implement flexible tuition policies, such as undergraduate or
  344  graduate block tuition, block tuition differential, or market
  345  tuition rates for graduate-level online courses or graduate
  346  level courses offered through a university’s continuing
  347  education program. A block tuition policy for resident
  348  undergraduate students or undergraduate-level courses must shall
  349  be adopted by each university board of trustees for
  350  implementation by the fall 2018 academic semester and must be
  351  based on the per-credit-hour undergraduate tuition established
  352  under subsection (4). A block tuition policy for nonresident
  353  undergraduate students must shall be adopted by each university
  354  board of trustees for implementation by the fall 2018 academic
  355  semester and must be based on the per-credit-hour undergraduate
  356  tuition and out-of-state fee established under subsection (4).
  357  Flexible tuition policies, including block tuition, may not
  358  increase the state’s fiscal liability or obligation.
  359         (16) Each university board of trustees may establish a
  360  tuition differential for undergraduate courses upon receipt of
  361  approval from the Board of Governors. However, beginning July 1,
  362  2014, the Board of Governors may only approve the establishment
  363  of or an increase in tuition differential for a state research
  364  university designated as a preeminent state research university
  365  pursuant to s. 1001.7065(3). The tuition differential shall
  366  promote improvements in the quality of undergraduate education
  367  and shall provide financial aid to undergraduate students who
  368  exhibit financial need.
  369         (b) Each tuition differential is subject to the following
  370  conditions:
  371         1. The tuition differential may be assessed on one or more
  372  undergraduate courses or on all undergraduate courses at a state
  373  university.
  374         2. The tuition differential may vary by course or courses,
  375  by campus or center location, and by institution. Each
  376  university board of trustees shall strive to maintain and
  377  increase enrollment in degree programs related to math, science,
  378  high technology, and other state or regional high-need fields
  379  when establishing tuition differentials by course.
  380         3. For each state university that is designated as a
  381  preeminent state research university by the Board of Governors,
  382  pursuant to s. 1001.7065, the aggregate sum of tuition and the
  383  tuition differential may be increased by no more than 6 percent
  384  of the total charged for the aggregate sum of these fees in the
  385  preceding fiscal year. The tuition differential may be increased
  386  if the university meets or exceeds performance standard targets
  387  for that university established annually by the Board of
  388  Governors for the following performance standards, amounting to
  389  no more than a 2-percent increase in the tuition differential
  390  for each performance standard:
  391         a. An increase in the 4-year 6-year graduation rate for
  392  full-time, first-time-in-college students, as calculated by the
  393  Board of Governors reported annually to the Integrated
  394  Postsecondary Education Data System.
  395         b. An increase in the total annual research expenditures.
  396         c. An increase in the total patents awarded by the United
  397  States Patent and Trademark Office for the most recent years.
  398         4. The aggregate sum of undergraduate tuition and fees per
  399  credit hour, including the tuition differential, may not exceed
  400  the national average of undergraduate tuition and fees at 4-year
  401  degree-granting public postsecondary educational institutions.
  402         5. The tuition differential shall not be included in an any
  403  award under the Florida Bright Futures Scholarship Program
  404  established pursuant to ss. 1009.53-1009.538, except as
  405  authorized for the Florida Academic Scholars award under s.
  406  1009.534.
  407         6. Beneficiaries having prepaid tuition contracts pursuant
  408  to s. 1009.98(2)(b) which were in effect on July 1, 2007, and
  409  which remain in effect, are exempt from the payment of the
  410  tuition differential.
  411         7. The tuition differential may not be charged to any
  412  student who was in attendance at the university before July 1,
  413  2007, and who maintains continuous enrollment.
  414         8. The tuition differential may be waived by the university
  415  for students who meet the eligibility requirements for the
  416  Florida public student assistance grant established in s.
  417  1009.50.
  418         9. Subject to approval by the Board of Governors, the
  419  tuition differential authorized pursuant to this subsection may
  420  take effect with the 2009 fall term.
  421         Section 12. Subsection (2) of section 1009.534, Florida
  422  Statutes, is amended to read:
  423         1009.534 Florida Academic Scholars award.—
  424         (2) A Florida Academic Scholar who is enrolled in a
  425  certificate, diploma, associate, or baccalaureate degree program
  426  at a public or nonpublic postsecondary education institution is
  427  eligible, beginning in the fall 2017 academic semester, for an
  428  award equal to the amount required to pay 100 percent of tuition
  429  and fees established under ss. 1009.22(3), (5), (6), and (7);
  430  1009.23(3), (4), (7), (8), (10), and (11); and 1009.24(4), (7)
  431  (13), (14)(r), and (16), as applicable, and is eligible for an
  432  additional $300 each fall and spring academic semester or the
  433  equivalent for textbooks and college-related specified in the
  434  General Appropriations Act to assist with the payment of
  435  educational expenses.
  436         Section 13. Subsection (2) of section 1009.701, Florida
  437  Statutes, is amended to read:
  438         1009.701 First Generation Matching Grant Program.—
  439         (2) Funds appropriated by the Legislature for the program
  440  shall be allocated by the Office of Student Financial Assistance
  441  to match private contributions at on a ratio of $2 of state
  442  funds to $1 of private contributions dollar-for-dollar basis.
  443  Contributions made to a state university and pledged for the
  444  purposes of this section are eligible for state matching funds
  445  appropriated for this program and are not eligible for any other
  446  state matching grant program. Pledged contributions are not
  447  eligible for matching prior to the actual collection of the
  448  total funds. The Office of Student Financial Assistance shall
  449  reserve a proportionate allocation of the total appropriated
  450  funds for each state university on the basis of full-time
  451  equivalent enrollment. Funds that remain unmatched as of
  452  December 1 shall be reallocated to state universities that have
  453  remaining unmatched private contributions for the program on the
  454  basis of full-time equivalent enrollment.
  455         Section 14. Section 1009.89, Florida Statutes, is amended
  456  to read:
  457         1009.89 The William L. Boyd, IV, Effective Access to
  458  Student Education Florida resident access grants.—
  459         (1) The Legislature finds and declares that independent
  460  nonprofit colleges and universities eligible to participate in
  461  the William L. Boyd, IV, Effective Access to Student Education
  462  Florida Resident Access Grant Program are an integral part of
  463  the higher education system in this state and that a significant
  464  number of state residents choose this form of higher education.
  465  The Legislature further finds that a strong and viable system of
  466  independent nonprofit colleges and universities reduces the tax
  467  burden on the citizens of the state. Because the William L.
  468  Boyd, IV, Effective Access to Student Education Florida Resident
  469  Access Grant Program is not related to a student’s financial
  470  need or other criteria upon which financial aid programs are
  471  based, it is the intent of the Legislature that the William L.
  472  Boyd, IV, Effective Access to Student Education Florida Resident
  473  Access Grant Program not be considered a financial aid program
  474  but rather a tuition assistance program for its citizens.
  475         (2) The William L. Boyd, IV, Effective Access to Student
  476  Education Florida Resident Access Grant Program shall be
  477  administered by the Department of Education. The State Board of
  478  Education shall adopt rules for the administration of the
  479  program.
  480         (3) The department shall issue through the program a
  481  William L. Boyd, IV, Effective Access to Student Education
  482  Florida resident access grant to any full-time degree-seeking
  483  undergraduate student registered at an independent nonprofit
  484  college or university which is located in and chartered by the
  485  state; which is accredited by the Commission on Colleges of the
  486  Southern Association of Colleges and Schools; which grants
  487  baccalaureate degrees; which is not a state university or
  488  Florida College System institution; and which has a secular
  489  purpose, so long as the receipt of state aid by students at the
  490  institution would not have the primary effect of advancing or
  491  impeding religion or result in an excessive entanglement between
  492  the state and any religious sect. Any independent college or
  493  university that was eligible to receive tuition vouchers on
  494  January 1, 1989, and which continues to meet the criteria under
  495  which its eligibility was established, shall remain eligible to
  496  receive William L. Boyd, IV, Effective Access to Student
  497  Education Florida resident access grant payments.
  498         (4) A person is eligible to receive such William L. Boyd,
  499  IV, Effective Access to Student Education Florida resident
  500  access grant if:
  501         (a) He or she meets the general requirements, including
  502  residency, for student eligibility as provided in s. 1009.40,
  503  except as otherwise provided in this section; and
  504         (b)1. He or she is enrolled as a full-time undergraduate
  505  student at an eligible college or university;
  506         2. He or she is not enrolled in a program of study leading
  507  to a degree in theology or divinity; and
  508         3. He or she is making satisfactory academic progress as
  509  defined by the college or university in which he or she is
  510  enrolled.
  511         (5)(a) Funding for the William L. Boyd, IV, Effective
  512  Access to Student Education Florida Resident Access Grant
  513  Program for eligible institutions shall be as provided in the
  514  General Appropriations Act. The William L. Boyd, IV, Effective
  515  Access to Student Education Florida resident access grant may be
  516  paid on a prorated basis in advance of the registration period.
  517  The department shall make such payments to the college or
  518  university in which the student is enrolled for credit to the
  519  student’s account for payment of tuition and fees. Institutions
  520  shall certify to the department the amount of funds disbursed to
  521  each student and shall remit to the department any undisbursed
  522  advances or refunds within 60 days of the end of regular
  523  registration. A student is not eligible to receive the award for
  524  more than 9 semesters or 14 quarters, except as otherwise
  525  provided in s. 1009.40(3).
  526         (b) If the combined amount of the William L. Boyd, IV,
  527  Effective Access to Student Education Florida resident access
  528  grant issued pursuant to this act and all other scholarships and
  529  grants for tuition or fees exceeds the amount charged to the
  530  student for tuition and fees, the department shall reduce the
  531  William L. Boyd, IV, Effective Access to Student Education
  532  Florida resident access grant issued pursuant to this act by an
  533  amount equal to such excess.
  534         (6) If the number of eligible students exceeds the total
  535  authorized in the General Appropriations Act, an institution may
  536  use its own resources to assure that each eligible student
  537  receives the full benefit of the grant amount authorized.
  538         Section 15. Subsections (2), (4), and (5) of section
  539  1009.893, Florida Statutes, are amended to read:
  540         1009.893 Benacquisto Scholarship Program.—
  541         (2) The Benacquisto Scholarship Program is created to
  542  reward a any Florida high school graduate who receives
  543  recognition as a National Merit Scholar or National Achievement
  544  Scholar and who initially enrolls in the 2014-2015 academic year
  545  or, later, in a baccalaureate degree program at an eligible
  546  Florida public or independent postsecondary educational
  547  institution.
  548         (4) In order to be eligible for an award under the
  549  scholarship program, a student must meet the requirements of
  550  paragraph (a) or paragraph (b).:
  551         (a) A student who is a resident of the state, Be a state
  552  resident as determined in s. 1009.40 and rules of the State
  553  Board of Education, must:;
  554         1.(b) Earn a standard Florida high school diploma or its
  555  equivalent pursuant to s. 1002.3105, s. 1003.4281, s. 1003.4282,
  556  or s. 1003.435 unless:
  557         a.1. The student completes a home education program
  558  according to s. 1002.41; or
  559         b.2. The student earns a high school diploma from a non
  560  Florida school while living with a parent who is on military or
  561  public service assignment out of this state;
  562         2.(c) Be accepted by and enroll in a Florida public or
  563  independent postsecondary educational institution that is
  564  regionally accredited; and
  565         3.(d) Be enrolled full-time in a baccalaureate degree
  566  program at an eligible regionally accredited Florida public or
  567  independent postsecondary educational institution during the
  568  fall academic term following high school graduation.
  569         (b)A student who initially enrolls in a baccalaureate
  570  degree program in the 2017-2018 academic year or later and who
  571  is not a resident of this state, as determined pursuant to s.
  572  1009.40 and rules of the State Board of Education, must:
  573         1.Physically reside in this state on or near the campus of
  574  the postsecondary educational institution in which the student
  575  is enrolled;
  576         2. Earn a high school diploma from a school outside Florida
  577  which is comparable to a standard Florida high school diploma or
  578  its equivalent pursuant to s. 1002.3105, s. 1003.4281, s.
  579  1003.4282, or s. 1003.435 or must complete a home education
  580  program in another state; and
  581         3. Be accepted by and enrolled full-time in a baccalaureate
  582  degree program at an eligible regionally accredited Florida
  583  public or independent postsecondary educational institution
  584  during the fall academic term following high school graduation.
  585         (5)(a)1. An eligible student who meets the requirements of
  586  paragraph (4)(a), who is a National Merit Scholar or National
  587  Achievement Scholar, and who attends a Florida public
  588  postsecondary educational institution shall receive a
  589  scholarship award equal to the institutional cost of attendance
  590  minus the sum of the student’s Florida Bright Futures
  591  Scholarship and National Merit Scholarship or National
  592  Achievement Scholarship.
  593         2. An eligible student who meets the requirements under
  594  paragraph (4)(b), who is a National Merit Scholar, and who
  595  attends a Florida public postsecondary educational institution
  596  shall receive a scholarship award equal to the institutional
  597  cost of attendance for a resident of this state less the
  598  student’s National Merit Scholarship. Such student is exempt
  599  from the payment of out-of-state fees.
  600         (b) An eligible student who is a National Merit Scholar or
  601  National Achievement Scholar and who attends a Florida
  602  independent postsecondary educational institution shall receive
  603  a scholarship award equal to the highest cost of attendance for
  604  a resident of this state enrolled at a Florida public
  605  university, as reported by the Board of Governors of the State
  606  University System, minus the sum of the student’s Florida Bright
  607  Futures Scholarship and National Merit Scholarship or National
  608  Achievement Scholarship.
  609         Section 16. The Division of Law Revision and Information is
  610  directed to prepare a reviser’s bill for the 2018 Regular
  611  Session to substitute the term “Effective Access to Student
  612  Education Grant Program” for “Florida Resident Access Grant
  613  Program” and the term “Effective Access to Student Education
  614  grant” for “Florida resident access grant” wherever those terms
  615  appear in the Florida Statutes.
  616         Section 17. This act shall take effect July 1, 2017.