Florida Senate - 2017 SENATOR AMENDMENT
Bill No. CS for CS for SB 374
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LEGISLATIVE ACTION
Senate . House
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Floor: 2/AD/2R .
04/12/2017 06:48 PM .
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Senator Galvano moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 7426 and 7427
4 insert:
5 Section 125. Effective July 1, 2017, subsection (1) of
6 section 1001.66, Florida Statutes, is amended to read:
7 1001.66 Florida Community College System Performance-Based
8 Incentive.—
9 (1) The State Board of Community Colleges shall adopt the
10 following performance-based metrics for use in awarding a
11 Florida Community College System Performance-Based Incentive
12 shall be awarded to a Florida Community College System
13 institution: institutions using performance-based metrics
14 (a) A student retention rate, as calculated by the State
15 Board of Community Colleges;
16 (b) A 100 percent-of-normal-time program completion and
17 graduation rate for full-time, first-time-in-college students,
18 as calculated by the State Board of Community Colleges using a
19 cohort definition of “full-time” based on a student’s majority
20 enrollment in full-time terms;
21 (c) A continuing education or postgraduation job placement
22 rate for workforce education programs, including workforce
23 baccalaureate degree programs, as reported by the Florida
24 Education and Training Placement Information Program, with wage
25 thresholds that reflect the added value of the applicable
26 certificate or degree. This paragraph does not apply to
27 associate in arts degrees;
28 (d) A graduation rate for first-time-in-college students
29 enrolled in an associate of arts degree program who graduate
30 with a baccalaureate degree in 4 years after initially enrolling
31 in an associates of arts degree program; and
32 (e) One performance-based metric on college affordability
33 adopted by the State Board of Education. The performance-based
34 metrics must include retention rates; program completion and
35 graduation rates; postgraduation employment, salaries, and
36 continuing education for workforce education and baccalaureate
37 programs, with wage thresholds that reflect the added value of
38 the certificate or degree; and outcome measures appropriate for
39 associate of arts degree recipients.
40
41 The state board shall adopt benchmarks to evaluate each
42 institution’s performance on the metrics to measure the
43 institution’s achievement of institutional excellence or need
44 for improvement and the minimum requirements for eligibility to
45 receive performance funding.
46 Section 126. Effective July 1, 2017, subsection (1) of
47 section 1001.67, Florida Statutes, is amended to read:
48 1001.67 Distinguished Florida Community College System
49 Institution Program.—A collaborative partnership is established
50 between the State Board of Community Colleges Education and the
51 Legislature to recognize the excellence of Florida’s highest
52 performing Florida Community College System institutions.
53 (1) EXCELLENCE STANDARDS.—The following excellence
54 standards are established for the program:
55 (a) A 100 150 percent-of-normal-time completion rate for
56 full-time, first-time-in-college students of 50 percent or
57 higher, as calculated by the State Board of Community Division
58 of Florida Colleges.
59 (b) A 100 150 percent-of-normal-time completion rate for
60 full-time, first-time-in-college Pell Grant recipients of 40
61 percent or higher, as calculated by the State Board of Community
62 Division of Florida Colleges.
63 (c) A retention rate of 70 percent or higher, as calculated
64 by the State Board of Community Division of Florida Colleges.
65 (d) A continuing education, or transfer, rate of 72 percent
66 or higher for students graduating with an associate of arts
67 degree, as reported by the Florida Education and Training
68 Placement Information Program (FETPIP).
69 (e) A licensure passage rate on the National Council
70 Licensure Examination for Registered Nurses (NCLEX-RN) of 90
71 percent or higher for first-time exam takers, as reported by the
72 Board of Nursing.
73 (f) A job placement or continuing education or job
74 placement rate of 88 percent or higher for workforce programs,
75 as reported by FETPIP, with wage thresholds that reflect the
76 added value of the applicable certificate or degree. This
77 paragraph does not apply to associate of arts degrees.
78 (g) An excess hours rate of 40 percent or lower for A time
79 to-degree for students graduating with an associate of arts
80 degree recipients who graduate with 72 or more credit hours, as
81 calculated by the State Board of Community Colleges of 2.25
82 years or less for first-time-in-college students with
83 accelerated college credits, as reported by the Southern
84 Regional Education Board.
85 Section 127. Effective July 1, 2017, paragraph (b) of
86 subsection (5) of section 1001.706, Florida Statutes, is amended
87 to read:
88 1001.706 Powers and duties of the Board of Governors.—
89 (5) POWERS AND DUTIES RELATING TO ACCOUNTABILITY.—
90 (b) The Board of Governors shall develop a strategic plan
91 specifying goals and objectives for the State University System
92 and each constituent university, including each university’s
93 contribution to overall system goals and objectives. The
94 strategic plan must:
95 1. Include performance metrics and standards common for all
96 institutions and metrics and standards unique to institutions
97 depending on institutional core missions, including, but not
98 limited to, student admission requirements, retention,
99 graduation, percentage of graduates who have attained
100 employment, percentage of graduates enrolled in continued
101 education, licensure passage, average wages of employed
102 graduates, average cost per graduate, excess hours, student loan
103 burden and default rates, faculty awards, total annual research
104 expenditures, patents, licenses and royalties, intellectual
105 property, startup companies, annual giving, endowments, and
106 well-known, highly respected national rankings for institutional
107 and program achievements.
108 2. Consider reports and recommendations of the Higher
109 Education Coordinating Council pursuant to s. 1004.015 and the
110 Articulation Coordinating Committee pursuant to s. 1007.01.
111 3. Include student enrollment and performance data
112 delineated by method of instruction, including, but not limited
113 to, traditional, online, and distance learning instruction.
114 4. Include criteria for designating baccalaureate degree
115 and master’s degree programs at specified universities as high
116 demand programs of emphasis. Fifty percent of the criteria for
117 designation as high-demand programs of emphasis must be based on
118 achievement of performance outcome thresholds determined by the
119 Board of Governors, and 50 percent of the criteria must be based
120 on achievement of performance outcome thresholds specifically
121 linked to:
122 a. Job placement in employment of 36 hours or more per week
123 and average full-time wages of graduates of the degree programs
124 1 year and 5 years after graduation, based in part on data
125 provided in the economic security report of employment and
126 earning outcomes produced annually pursuant to s. 445.07.
127 b. Data-driven gap analyses, conducted by the Board of
128 Governors, of the state’s job market demands and the outlook for
129 jobs that require a baccalaureate or higher degree. Each state
130 university must use the gap analyses to identify internship
131 opportunities for students to benefit from mentorship by
132 industry experts, earn industry certifications, and become
133 employed in high-demand fields.
134 Section 128. Effective July 1, 2017, paragraph (d) of
135 subsection (2), paragraph (c) of subsection (5), and subsections
136 (6), (7), and (8) of section 1001.7065, Florida Statutes, are
137 amended to read:
138 1001.7065 Preeminent state research universities program.—
139 (2) ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—The
140 following academic and research excellence standards are
141 established for the preeminent state research universities
142 program:
143 (d) A 4-year 6-year graduation rate of 50 70 percent or
144 higher for full-time, first-time-in-college students, as
145 calculated by the Board of Governors reported annually to the
146 IPEDS.
147 (5) PREEMINENT STATE RESEARCH UNIVERSITIES PROGRAM
148 SUPPORT.—
149 (c) The award of funds under this subsection is contingent
150 upon funding provided in the General Appropriations Act to
151 support the preeminent state research universities program
152 created under this section. Funding increases appropriated
153 beyond the amounts funded in the previous fiscal year shall be
154 distributed as follows:
155 1. Each designated preeminent state research university
156 that meets the criteria in paragraph (a) shall receive an equal
157 amount of funding.
158 2. Each designated emerging preeminent state research
159 university that meets the criteria in paragraph (b) shall
160 receive an amount of funding that is equal to one-fourth one
161 half of the total increased amount awarded to each designated
162 preeminent state research university.
163 (6) PREEMINENT STATE RESEARCH UNIVERSITY SPECIAL COURSE
164 REQUIREMENT AUTHORITY.—In order to provide a jointly shared
165 educational experience, a university that is designated a
166 preeminent state research university may require its incoming
167 first-time-in-college students to take a six-credit set of
168 unique courses specifically determined by the university and
169 published on the university’s website. The university may
170 stipulate that credit for such courses may not be earned through
171 any acceleration mechanism pursuant to s. 1007.27 or s. 1007.271
172 or any other transfer credit. All accelerated credits earned up
173 to the limits specified in ss. 1007.27 and 1007.271 shall be
174 applied toward graduation at the student’s request.
175 (6)(7) PREEMINENT STATE RESEARCH UNIVERSITY FLEXIBILITY
176 AUTHORITY.—The Board of Governors is encouraged to identify and
177 grant all reasonable, feasible authority and flexibility to
178 ensure that each designated preeminent state research university
179 and each designated emerging preeminent state research
180 university is free from unnecessary restrictions.
181 (7)(8) PROGRAMS OF EXCELLENCE THROUGHOUT THE STATE
182 UNIVERSITY SYSTEM.—The Board of Governors shall is encouraged to
183 establish standards and measures whereby individual
184 undergraduate, graduate, and professional degree programs in
185 state universities which that objectively reflect national
186 excellence can be identified and make recommendations to the
187 Legislature by September 1, 2017, as to how any such programs
188 could be enhanced and promoted.
189 Section 129. Effective July 1, 2017, subsection (1) of
190 section 1001.92, Florida Statutes, is amended to read:
191 1001.92 State University System Performance-Based
192 Incentive.—
193 (1) A State University System Performance-Based Incentive
194 shall be awarded to state universities using performance-based
195 metrics adopted by the Board of Governors of the State
196 University System. The performance-based metrics must include 4
197 year graduation rates; retention rates; postgraduation education
198 rates; degree production; affordability; postgraduation
199 employment and salaries, including wage thresholds that reflect
200 the added value of a baccalaureate degree; access, with
201 benchmarks that reward institutions with access rates at or
202 above 50 percent; and other metrics approved by the board in a
203 formally noticed meeting. The board shall adopt benchmarks to
204 evaluate each state university’s performance on the metrics to
205 measure the state university’s achievement of institutional
206 excellence or need for improvement and minimum requirements for
207 eligibility to receive performance funding.
208 Section 130. Effective July 1, 2017, section 1004.6497,
209 Florida Statutes, is created to read:
210 1004.6497 World Class Faculty and Scholar Program.—
211 (1) PURPOSE AND LEGISLATIVE INTENT.—The World Class Faculty
212 and Scholar Program is established to fund and support the
213 efforts of state universities to recruit and retain exemplary
214 faculty and research scholars. It is the intent of the
215 Legislature to elevate the national competitiveness of Florida’s
216 state universities through faculty and scholar recruitment and
217 retention.
218 (2) INVESTMENTS.—Retention, recruitment, and recognition
219 efforts, activities, and investments may include, but are not
220 limited to, investments in research-centric cluster hires,
221 faculty research and research commercialization efforts,
222 instructional and research infrastructure, undergraduate student
223 participation in research, professional development, awards for
224 outstanding performance, and postdoctoral fellowships.
225 (3) FUNDING AND USE.—Funding for the program shall be as
226 provided in the General Appropriations Act. Each state
227 university shall use the funds only for the purpose and
228 investments authorized under this section.
229 (4) ACCOUNTABILITY.—By March 15 of each year, the Board of
230 Governors shall provide to the Governor, the President of the
231 Senate, and the Speaker of the House of Representatives a report
232 summarizing information from the universities in the State
233 University System, including, but not limited to:
234 (a) Specific expenditure information as it relates to the
235 investments identified in subsection (2).
236 (b) The impact of those investments in elevating the
237 national competitiveness of the universities, specifically
238 relating to:
239 1. The success in recruiting research faculty and the
240 resulting research funding;
241 2. The 4-year graduation rate;
242 3. The number of undergraduate courses offered with fewer
243 than 50 students; and
244 4. The increased national academic standing of targeted
245 programs, specifically advancement among top 50 universities in
246 the targeted programs in well-known and highly respected
247 national public university rankings, including, but not limited
248 to, the U.S. News and World Report rankings, which reflect
249 national preeminence, using the most recent rankings.
250 Section 131. Effective July 1, 2017, section 1004.6498,
251 Florida Statutes, is created to read:
252 1004.6498 State University Professional and Graduate Degree
253 Excellence Program.—
254 (1) PURPOSE.—The State University Professional and Graduate
255 Degree Excellence Program is established to fund and support the
256 efforts of state universities to enhance the quality and
257 excellence of professional and graduate schools and degree
258 programs in medicine, law, and business and expand the economic
259 impact of state universities.
260 (2) INVESTMENTS.—Quality improvement efforts may include,
261 but are not limited to, targeted investments in faculty,
262 students, research, infrastructure, and other strategic
263 endeavors to elevate the national and global prominence of state
264 university medicine, law, and graduate-level business programs.
265 (3) FUNDING AND USE.—Funding for the program shall be as
266 provided in the General Appropriations Act. Each state
267 university shall use the funds only for the purpose and
268 investments authorized under this section.
269 (4) ACCOUNTABILITY.—By March 15 of each year, the Board of
270 Governors shall provide to the Governor, the President of the
271 Senate, and the Speaker of the House of Representatives a report
272 summarizing information from the universities in the State
273 University System, including, but not limited to:
274 (a) Specific expenditure information as it relates to the
275 investments identified in subsection (2).
276 (b) The impact of those investments in elevating the
277 national and global prominence of the state university medicine,
278 law, and graduate-level business programs, specifically relating
279 to:
280 1. The first-time pass rate on the United States Medical
281 Licensing Examination;
282 2. The first-time pass rate on The Florida Bar Examination;
283 3. The percentage of graduates enrolled or employed at a
284 wage threshold that reflects the added value of a graduate-level
285 business degree;
286 4. The advancement in the rankings of the state university
287 medicine, law, and graduate-level programs in well-known and
288 highly respected national graduate-level university rankings,
289 including, but not limited to, the U.S. News and World Report
290 rankings, which reflect national preeminence, using the most
291 recent rankings; and
292 5. The added economic benefit of the universities to the
293 state.
294 Section 132. Effective July 1, 2017, subsection (2) of
295 section 1007.27, Florida Statutes, is amended to read:
296 1007.27 Articulated acceleration mechanisms.—
297 (2)(a) The Department of Education shall annually identify
298 and publish the minimum scores, maximum credit, and course or
299 courses for which credit is to be awarded for each College Level
300 Examination Program (CLEP) subject examination, College Board
301 Advanced Placement Program examination, Advanced International
302 Certificate of Education examination, International
303 Baccalaureate examination, Excelsior College subject
304 examination, Defense Activity for Non-Traditional Education
305 Support (DANTES) subject standardized test, and Defense Language
306 Proficiency Test (DLPT). The department shall use student
307 performance data in subsequent postsecondary courses to
308 determine the appropriate examination scores and courses for
309 which credit is to be granted. Minimum scores may vary by
310 subject area based on available performance data. In addition,
311 the department shall identify such courses in the general
312 education core curriculum of each state university and Florida
313 Community College System institution.
314 (b) Each district school board shall notify students who
315 enroll in articulated acceleration mechanism courses or take
316 examinations pursuant to this section of the credit-by
317 examination equivalency list adopted by rule by the State Board
318 of Education and the dual enrollment course and high school
319 subject area equivalencies approved by the state board pursuant
320 to s. 1007.271(9).
321 Section 133. Effective July 1, 2017, paragraph (c) of
322 subsection (5) of section 1008.30, Florida Statutes, is amended
323 to read:
324 1008.30 Common placement testing for public postsecondary
325 education.—
326 (5)
327 (c) A university board of trustees may contract with a
328 Florida Community College System institution board of trustees
329 for the Florida Community College System institution to provide
330 developmental education on the state university campus. Any
331 state university in which the percentage of incoming students
332 requiring developmental education equals or exceeds the average
333 percentage of such students for the Florida Community College
334 System may offer developmental education without contracting
335 with a Florida Community College System institution; however,
336 any state university offering college-preparatory instruction as
337 of January 1, 1996, may continue to provide developmental
338 education instruction pursuant to s. 1008.02(1) such services.
339 Section 134. Effective July 1, 2017, subsection (7) of
340 section 1009.22, Florida Statutes, is amended to read:
341 1009.22 Workforce education postsecondary student fees.—
342 (7) Each district school board and Florida Community
343 College System institution board of trustees is authorized to
344 establish a separate fee for technology, not to exceed 5 percent
345 of tuition per credit hour or credit-hour equivalent for
346 resident students and not to exceed 5 percent of tuition and the
347 out-of-state fee per credit hour or credit-hour equivalent for
348 nonresident students. Revenues generated from the technology fee
349 shall be used to enhance instructional technology resources for
350 students and faculty and may shall not be included in an any
351 award under the Florida Bright Futures Scholarship Program,
352 except as authorized for the Florida Academic Scholars award
353 under s. 1009.534. Fifty percent of technology fee revenues may
354 be pledged by a Florida Community College System institution
355 board of trustees as a dedicated revenue source for the
356 repayment of debt, including lease-purchase agreements, not to
357 exceed the useful life of the asset being financed. Revenues
358 generated from the technology fee may not be bonded.
359 Section 135. Effective July 1, 2017, subsection (10) of
360 section 1009.23, Florida Statutes, is amended to read:
361 1009.23 Florida Community College System institution
362 student fees.—
363 (10) Each Florida Community College System institution
364 board of trustees is authorized to establish a separate fee for
365 technology, which may not exceed 5 percent of tuition per credit
366 hour or credit-hour equivalent for resident students and may not
367 exceed 5 percent of tuition and the out-of-state fee per credit
368 hour or credit-hour equivalent for nonresident students.
369 Revenues generated from the technology fee shall be used to
370 enhance instructional technology resources for students and
371 faculty. The technology fee may apply to both college credit and
372 developmental education and may shall not be included in an any
373 award under the Florida Bright Futures Scholarship Program,
374 except as authorized for the Florida Academic Scholars award
375 under s. 1009.534. Fifty percent of technology fee revenues may
376 be pledged by a Florida Community College System institution
377 board of trustees as a dedicated revenue source for the
378 repayment of debt, including lease-purchase agreements, not to
379 exceed the useful life of the asset being financed. Revenues
380 generated from the technology fee may not be bonded.
381 Section 136. Effective July 1, 2017, subsection (13),
382 paragraphs (a) and (b) of subsection (15), and paragraph (b) of
383 subsection (16) of section 1009.24, Florida Statutes, are
384 amended to read:
385 1009.24 State university student fees.—
386 (13) Each university board of trustees may establish a
387 technology fee of up to 5 percent of the tuition per credit
388 hour. The revenue from this fee shall be used to enhance
389 instructional technology resources for students and faculty. The
390 technology fee may not be included in an any award under the
391 Florida Bright Futures Scholarship Program established pursuant
392 to ss. 1009.53-1009.538, except as authorized for the Florida
393 Academic Scholars award under s. 1009.534.
394 (15)(a) The Board of Governors may approve:
395 1. A proposal from a university board of trustees to
396 establish a new student fee that is not specifically authorized
397 by this section.
398 2. A proposal from a university board of trustees to
399 increase the current cap for an existing fee authorized pursuant
400 to paragraphs (14)(a)-(g).
401 3. A proposal from a university board of trustees to
402 implement flexible tuition policies, such as undergraduate or
403 graduate block tuition, block tuition differential, or market
404 tuition rates for graduate-level online courses or graduate
405 level courses offered through a university’s continuing
406 education program. A block tuition policy for resident
407 undergraduate students or undergraduate-level courses must shall
408 be adopted by each university board of trustees for
409 implementation by the fall 2018 academic semester and must be
410 based on the per-credit-hour undergraduate tuition established
411 under subsection (4). A block tuition policy for nonresident
412 undergraduate students must shall be adopted by each university
413 board of trustees for implementation by the fall 2018 academic
414 semester and must be based on the per-credit-hour undergraduate
415 tuition and out-of-state fee established under subsection (4).
416 Flexible tuition policies, including block tuition, may not
417 increase the state’s fiscal liability or obligation.
418 (b) A proposal developed pursuant to paragraph (a) shall be
419 submitted in accordance with the public notification
420 requirements of subsection (20) and guidelines established by
421 the Board of Governors. Approval by the Board of Governors of
422 such proposals proposal must be made in accordance with the
423 provisions of this subsection. By October 1, 2017, each state
424 university board of trustees shall adopt a block tuition and fee
425 policy, pursuant to subparagraph (a)3., for implementation by
426 the fall 2018 academic semester and submit the policy,
427 including, but not limited to, information on the potential
428 impact of the policy on students, to the Board of Governors. By
429 December 1, 2017, the Chancellor of the State University System
430 shall submit to the Governor, the President of the Senate, and
431 the Speaker of the House of Representatives a summary report of
432 such policies, the status of the board’s review and approval of
433 such policies, and the board’s recommendations for improving
434 block tuition and fee benefits for students.
435 (16) Each university board of trustees may establish a
436 tuition differential for undergraduate courses upon receipt of
437 approval from the Board of Governors. However, beginning July 1,
438 2014, the Board of Governors may only approve the establishment
439 of or an increase in tuition differential for a state research
440 university designated as a preeminent state research university
441 pursuant to s. 1001.7065(3). The tuition differential shall
442 promote improvements in the quality of undergraduate education
443 and shall provide financial aid to undergraduate students who
444 exhibit financial need.
445 (b) Each tuition differential is subject to the following
446 conditions:
447 1. The tuition differential may be assessed on one or more
448 undergraduate courses or on all undergraduate courses at a state
449 university.
450 2. The tuition differential may vary by course or courses,
451 by campus or center location, and by institution. Each
452 university board of trustees shall strive to maintain and
453 increase enrollment in degree programs related to math, science,
454 high technology, and other state or regional high-need fields
455 when establishing tuition differentials by course.
456 3. For each state university that is designated as a
457 preeminent state research university by the Board of Governors,
458 pursuant to s. 1001.7065, the aggregate sum of tuition and the
459 tuition differential may be increased by no more than 6 percent
460 of the total charged for the aggregate sum of these fees in the
461 preceding fiscal year. The tuition differential may be increased
462 if the university meets or exceeds performance standard targets
463 for that university established annually by the Board of
464 Governors for the following performance standards, amounting to
465 no more than a 2-percent increase in the tuition differential
466 for each performance standard:
467 a. An increase in the 4-year 6-year graduation rate for
468 full-time, first-time-in-college students, as calculated by the
469 Board of Governors reported annually to the Integrated
470 Postsecondary Education Data System.
471 b. An increase in the total annual research expenditures.
472 c. An increase in the total patents awarded by the United
473 States Patent and Trademark Office for the most recent years.
474 4. The aggregate sum of undergraduate tuition and fees per
475 credit hour, including the tuition differential, may not exceed
476 the national average of undergraduate tuition and fees at 4-year
477 degree-granting public postsecondary educational institutions.
478 5. The tuition differential shall not be included in an any
479 award under the Florida Bright Futures Scholarship Program
480 established pursuant to ss. 1009.53-1009.538, except as
481 authorized for the Florida Academic Scholars award under s.
482 1009.534.
483 6. Beneficiaries having prepaid tuition contracts pursuant
484 to s. 1009.98(2)(b) which were in effect on July 1, 2007, and
485 which remain in effect, are exempt from the payment of the
486 tuition differential.
487 7. The tuition differential may not be charged to any
488 student who was in attendance at the university before July 1,
489 2007, and who maintains continuous enrollment.
490 8. The tuition differential may be waived by the university
491 for students who meet the eligibility requirements for the
492 Florida public student assistance grant established in s.
493 1009.50.
494 9. Subject to approval by the Board of Governors, the
495 tuition differential authorized pursuant to this subsection may
496 take effect with the 2009 fall term.
497 Section 137. Effective July 1, 2017, subsection (9) of
498 section 1009.53, Florida Statutes, is amended to read:
499 1009.53 Florida Bright Futures Scholarship Program.—
500 (9) A student may use an award for summer term enrollment
501 if funds are available, including funds appropriated in the
502 General Appropriations Act to support, at a minimum, summer term
503 enrollment for a Florida Academic Scholars award.
504 Section 138. Effective July 1, 2017, subsection (2) of
505 section 1009.534, Florida Statutes, is amended to read:
506 1009.534 Florida Academic Scholars award.—
507 (2) A Florida Academic Scholar who is enrolled in a
508 certificate, diploma, associate, or baccalaureate degree program
509 at a public or nonpublic postsecondary education institution is
510 eligible, beginning in the fall 2017 academic semester, for an
511 award equal to the amount required to pay 100 percent of tuition
512 and fees established under ss. 1009.22(3), (5), (6), and (7);
513 1009.23(3), (4), (7), (8), (10), and (11); and 1009.24(4), (7)
514 (13), (14)(r), and (16), as applicable, and is eligible for an
515 additional $300 each fall and spring academic semester or the
516 equivalent for textbooks and college-related specified in the
517 General Appropriations Act to assist with the payment of
518 educational expenses.
519 Section 139. Effective July 1, 2017, subsection (2) of
520 section 1009.701, Florida Statutes, is amended to read:
521 1009.701 First Generation Matching Grant Program.—
522 (2) Funds appropriated by the Legislature for the program
523 shall be allocated by the Office of Student Financial Assistance
524 to match private contributions at on a ratio of $2 of state
525 funds to $1 of private contributions dollar-for-dollar basis.
526 Contributions made to a state university and pledged for the
527 purposes of this section are eligible for state matching funds
528 appropriated for this program and are not eligible for any other
529 state matching grant program. Pledged contributions are not
530 eligible for matching prior to the actual collection of the
531 total funds. The Office of Student Financial Assistance shall
532 reserve a proportionate allocation of the total appropriated
533 funds for each state university on the basis of full-time
534 equivalent enrollment. Funds that remain unmatched as of
535 December 1 shall be reallocated to state universities that have
536 remaining unmatched private contributions for the program on the
537 basis of full-time equivalent enrollment.
538 Section 140. Effective July 1, 2017, section 1009.89,
539 Florida Statutes, is amended to read:
540 1009.89 The William L. Boyd, IV, Effective Access to
541 Student Education Florida resident access grants.—
542 (1) The Legislature finds and declares that independent
543 nonprofit colleges and universities eligible to participate in
544 the William L. Boyd, IV, Effective Access to Student Education
545 Florida Resident Access Grant Program are an integral part of
546 the higher education system in this state and that a significant
547 number of state residents choose this form of higher education.
548 The Legislature further finds that a strong and viable system of
549 independent nonprofit colleges and universities reduces the tax
550 burden on the citizens of the state. Because the William L.
551 Boyd, IV, Effective Access to Student Education Florida Resident
552 Access Grant Program is not related to a student’s financial
553 need or other criteria upon which financial aid programs are
554 based, it is the intent of the Legislature that the William L.
555 Boyd, IV, Effective Access to Student Education Florida Resident
556 Access Grant Program not be considered a financial aid program
557 but rather a tuition assistance program for its citizens.
558 (2) The William L. Boyd, IV, Effective Access to Student
559 Education Florida Resident Access Grant Program shall be
560 administered by the Department of Education. The State Board of
561 Education shall adopt rules for the administration of the
562 program.
563 (3) The department shall issue through the program a
564 William L. Boyd, IV, Effective Access to Student Education
565 Florida resident access grant to any full-time degree-seeking
566 undergraduate student registered at an independent nonprofit
567 college or university which is located in and chartered by the
568 state; which is accredited by the Commission on Colleges of the
569 Southern Association of Colleges and Schools; which grants
570 baccalaureate degrees; which is not a state university or
571 Florida Community College System institution; and which has a
572 secular purpose, so long as the receipt of state aid by students
573 at the institution would not have the primary effect of
574 advancing or impeding religion or result in an excessive
575 entanglement between the state and any religious sect. Any
576 independent college or university that was eligible to receive
577 tuition vouchers on January 1, 1989, and which continues to meet
578 the criteria under which its eligibility was established, shall
579 remain eligible to receive William L. Boyd, IV, Effective Access
580 to Student Education Florida resident access grant payments.
581 (4) A person is eligible to receive such William L. Boyd,
582 IV, Effective Access to Student Education Florida resident
583 access grant if:
584 (a) He or she meets the general requirements, including
585 residency, for student eligibility as provided in s. 1009.40,
586 except as otherwise provided in this section; and
587 (b)1. He or she is enrolled as a full-time undergraduate
588 student at an eligible college or university;
589 2. He or she is not enrolled in a program of study leading
590 to a degree in theology or divinity; and
591 3. He or she is making satisfactory academic progress as
592 defined by the college or university in which he or she is
593 enrolled.
594 (5)(a) Funding for the William L. Boyd, IV, Effective
595 Access to Student Education Florida Resident Access Grant
596 Program for eligible institutions shall be as provided in the
597 General Appropriations Act. The William L. Boyd, IV, Effective
598 Access to Student Education Florida resident access grant may be
599 paid on a prorated basis in advance of the registration period.
600 The department shall make such payments to the college or
601 university in which the student is enrolled for credit to the
602 student’s account for payment of tuition and fees. Institutions
603 shall certify to the department the amount of funds disbursed to
604 each student and shall remit to the department any undisbursed
605 advances or refunds within 60 days of the end of regular
606 registration. A student is not eligible to receive the award for
607 more than 9 semesters or 14 quarters, except as otherwise
608 provided in s. 1009.40(3).
609 (b) If the combined amount of the William L. Boyd, IV,
610 Effective Access to Student Education Florida resident access
611 grant issued pursuant to this act and all other scholarships and
612 grants for tuition or fees exceeds the amount charged to the
613 student for tuition and fees, the department shall reduce the
614 William L. Boyd, IV, Effective Access to Student Education
615 Florida resident access grant issued pursuant to this act by an
616 amount equal to such excess.
617 (6) If the number of eligible students exceeds the total
618 authorized in the General Appropriations Act, an institution may
619 use its own resources to assure that each eligible student
620 receives the full benefit of the grant amount authorized.
621 Section 141. Effective July 1, 2017, subsections (2), (4),
622 and (5) of section 1009.893, Florida Statutes, are amended to
623 read:
624 1009.893 Benacquisto Scholarship Program.—
625 (2) The Benacquisto Scholarship Program is created to
626 reward a any Florida high school graduate who receives
627 recognition as a National Merit Scholar or National Achievement
628 Scholar and who initially enrolls in the 2014-2015 academic year
629 or, later, in a baccalaureate degree program at an eligible
630 Florida public or independent postsecondary educational
631 institution.
632 (4) In order to be eligible for an award under the
633 scholarship program, a student must meet the requirements of
634 paragraph (a) or paragraph (b).:
635 (a) A student who is a resident of the state, Be a state
636 resident as determined in s. 1009.40 and rules of the State
637 Board of Education, must:;
638 1.(b) Earn a standard Florida high school diploma or its
639 equivalent pursuant to s. 1002.3105, s. 1003.4281, s. 1003.4282,
640 or s. 1003.435 unless:
641 a.1. The student completes a home education program
642 according to s. 1002.41; or
643 b.2. The student earns a high school diploma from a non
644 Florida school while living with a parent who is on military or
645 public service assignment out of this state;
646 2.(c) Be accepted by and enroll in a Florida public or
647 independent postsecondary educational institution that is
648 regionally accredited; and
649 3.(d) Be enrolled full-time in a baccalaureate degree
650 program at an eligible regionally accredited Florida public or
651 independent postsecondary educational institution during the
652 fall academic term following high school graduation.
653 (b) A student who initially enrolls in a baccalaureate
654 degree program in the 2017-2018 academic year or later and who
655 is not a resident of this state, as determined pursuant to s.
656 1009.40 and rules of the State Board of Education, must:
657 1. Physically reside in this state on or near the campus of
658 the postsecondary educational institution in which the student
659 is enrolled;
660 2. Earn a high school diploma from a school outside Florida
661 which is comparable to a standard Florida high school diploma or
662 its equivalent pursuant to s. 1002.3105, s. 1003.4281, s.
663 1003.4282, or s. 1003.435 or must complete a home education
664 program in another state; and
665 3. Be accepted by and enrolled full-time in a baccalaureate
666 degree program at an eligible regionally accredited Florida
667 public or independent postsecondary educational institution
668 during the fall academic term following high school graduation.
669 (5)(a)1. An eligible student who meets the requirements of
670 paragraph (4)(a), who is a National Merit Scholar or National
671 Achievement Scholar, and who attends a Florida public
672 postsecondary educational institution shall receive a
673 scholarship award equal to the institutional cost of attendance
674 minus the sum of the student’s Florida Bright Futures
675 Scholarship and National Merit Scholarship or National
676 Achievement Scholarship.
677 2. An eligible student who meets the requirements under
678 paragraph (4)(b), who is a National Merit Scholar, and who
679 attends a Florida public postsecondary educational institution
680 shall receive a scholarship award equal to the institutional
681 cost of attendance for a resident of this state less the
682 student’s National Merit Scholarship. Such student is exempt
683 from the payment of out-of-state fees.
684 (b) An eligible student who is a National Merit Scholar or
685 National Achievement Scholar and who attends a Florida
686 independent postsecondary educational institution shall receive
687 a scholarship award equal to the highest cost of attendance for
688 a resident of this state enrolled at a Florida public
689 university, as reported by the Board of Governors of the State
690 University System, minus the sum of the student’s Florida Bright
691 Futures Scholarship and National Merit Scholarship or National
692 Achievement Scholarship.
693 Section 142. Effective July 1, 2017, section 1009.894,
694 Florida Statutes, is created to read:
695 1009.894 Florida Farmworker Student Scholarship Program.
696 The Legislature recognizes the vital contribution of farmworkers
697 to the economy of this state. The Florida Farmworker Student
698 Scholarship Program is created to provide scholarships for
699 farmworkers, as defined in s. 420.503, and the children of such
700 farmworkers.
701 (1) The Department of Education shall administer the
702 Florida Farmworker Student Scholarship Program according to
703 rules and procedures established by the State Board of
704 Education. Up to 50 scholarships shall be awarded annually
705 according to the criteria established in subsection (2) and
706 contingent upon an appropriation in the General Appropriations
707 Act.
708 (2)(a) To be eligible for an initial scholarship, a student
709 must, at a minimum:
710 1. Have a resident status as required by s. 1009.40 and
711 rules of the State Board of Education;
712 2. Earn a minimum cumulative 3.5 weighted grade point
713 average for all high school courses creditable towards a
714 diploma;
715 3. Complete a minimum of 30 hours of community service; and
716 4. Have at least a 90 percent attendance rate and not have
717 had any disciplinary action brought against him or her, as
718 documented on the student’s high school transcript.
719 (b) The department shall rank eligible initial applicants
720 for the purposes of awarding scholarships based on need, as
721 determined by the department.
722 (c) In order to renew a scholarship awarded pursuant to
723 this section, a student must maintain at least a cumulative
724 grade point average of 2.5 or higher on a 4.0 scale for college
725 coursework.
726 (3) A scholarship recipient must enroll in a minimum of 12
727 credit hours per term, or the equivalent, at a public
728 postsecondary educational institution in this state to receive
729 funding.
730 (4) A scholarship recipient may receive an award for a
731 maximum of 100 percent of the number of credit hours required to
732 complete an associate or baccalaureate degree program or receive
733 an award for a maximum of 100 percent of the credit hours or
734 clock hours required to complete up to 90 credit hours of a
735 program that terminates in a career certificate. The scholarship
736 recipient is eligible for an award equal to the amount required
737 to pay the tuition and fees established under ss. 1009.22(3),
738 (5), (6), and (7); 1009.23(3), (4), (7), (8), (10), and (11);
739 and 1009.24(4), (7)-(13), (14)(r), and (16), as applicable, at a
740 public postsecondary educational institution in this state.
741 Renewal scholarships must take precedence over new awards in a
742 year in which funds are not sufficient to accommodate both
743 initial and renewal awards. The scholarship must be prorated for
744 any such year.
745 (5) Subject to appropriation in the General Appropriations
746 Act, the department shall annually issue awards from the
747 scholarship program. Before the registration period each
748 semester, the department shall transmit payment for each award
749 to the president or director of the postsecondary educational
750 institution, or his or her representative. However, the
751 department may withhold payment if the receiving institution
752 fails to submit the following reports or make the following
753 refunds to the department:
754 (a) Each institution shall certify to the department the
755 eligibility status of each student to receive a disbursement
756 within 30 days before the end of its regular registration
757 period, inclusive of a drop and add period. An institution is
758 not required to reevaluate the student eligibility after the end
759 of the drop and add period.
760 (b) An institution that receives funds from the scholarship
761 program must certify to the department the amount of funds
762 disbursed to each student and remit to the department any
763 undisbursed advance within 60 days after the end of the regular
764 registration period.
765 (6) The department shall allocate funds to the appropriate
766 institutions and collect and maintain data regarding the
767 scholarship program within the student financial assistance
768 database as specified in s. 1009.94.
769 (7) Funding for this program shall be as provided in the
770 General Appropriations Act.
771 Section 143. Effective July 1, 2017, present paragraphs (e)
772 and (f) of subsection (10) of section 1009.98, Florida Statutes,
773 are redesignated as paragraphs (f) and (g), respectively, and a
774 new paragraph (e) is added to that subsection, to read:
775 1009.98 Stanley G. Tate Florida Prepaid College Program.—
776 (10) PAYMENTS ON BEHALF OF QUALIFIED BENEFICIARIES.—
777 (e) Notwithstanding the number of credit hours used by a
778 state university to assess the amount for registration fees, the
779 tuition differential, or local fees, the amount paid by the
780 board to any state university on behalf of a qualified
781 beneficiary of an advance payment contract purchased before July
782 1, 2024, may not exceed the number of credit hours taken by that
783 qualified beneficiary at a state university.
784 Section 144. Effective July 1, 2017, section 1013.79,
785 Florida Statutes, is amended to read:
786 1013.79 University Facility Enhancement Challenge Grant
787 Program.—
788 (1) The Legislature recognizes that the universities do not
789 have sufficient physical facilities to meet the current demands
790 of their instructional and research programs. It further
791 recognizes that, to strengthen and enhance universities, it is
792 necessary to provide facilities in addition to those currently
793 available from existing revenue sources. It further recognizes
794 that there are sources of private support that, if matched with
795 state support, can assist in constructing much-needed facilities
796 and strengthen the commitment of citizens and organizations in
797 promoting excellence throughout the state universities.
798 Therefore, it is the intent of the Legislature to establish a
799 trust fund to provide the opportunity for each university to
800 receive support for challenge grants for instructional and
801 research-related capital facilities within the university.
802 (2) There is established the Alec P. Courtelis University
803 Facility Enhancement Challenge Grant Program for the purpose of
804 assisting universities build high priority instructional and
805 research-related capital facilities, including common areas
806 connecting such facilities. The associated foundations that
807 serve the universities shall solicit gifts from private sources
808 to provide matching funds for capital facilities. For the
809 purposes of this act, private sources of funds may shall not
810 include any federal, state, or local government funds that a
811 university may receive.
812 (3)(a) There is established the Alec P. Courtelis Capital
813 Facilities Matching Trust Fund to facilitate the development of
814 high priority instructional and research-related capital
815 facilities, including common areas connecting such facilities,
816 within a university. All appropriated funds deposited into the
817 trust fund shall be invested pursuant to s. 17.61. Interest
818 income accruing to that portion of the trust fund shall increase
819 the total funds available for the challenge grant program.
820 (b) Effective July 1, 2009, the Alec P. Courtelis Capital
821 Facilities Matching Trust Fund is terminated.
822 (c) The State Board of Education shall pay any outstanding
823 debts and obligations of the terminated fund as soon as
824 practicable, and the Chief Financial Officer shall close out and
825 remove the terminated funds from various state accounting
826 systems using generally accepted accounting principles
827 concerning warrants outstanding, assets, and liabilities.
828 (d) By June 30, 2008, all private funds and associated
829 interest earnings held in the Alec P. Courtelis Capital
830 Facilities Matching Trust Fund shall be transferred to the
831 originating university’s individual program account.
832 (3)(4) Each university shall establish, pursuant to s.
833 1011.42, a facilities matching grant program account as a
834 depository for private contributions provided under this
835 section. Once a project is under contract, funds appropriated as
836 state matching funds may be transferred to the university’s
837 account once the Board of Governors certifies receipt of the
838 private matching funds pursuant to subsection (4) (5). State
839 funds that are not needed as matching funds for the project for
840 which appropriated shall be transferred, together with any
841 accrued interest, back to the state fund from which such funds
842 were appropriated. The transfer of unneeded state funds must
843 shall occur within 30 days after final completion of the project
844 or within 30 days after a determination that the project will
845 not be completed. The Public Education Capital Outlay and Debt
846 Service Trust Fund or the Capital Improvement Trust Fund may
847 shall not be used as the source of the state match for private
848 contributions. Interest income accruing from the private
849 donations shall be returned to the participating foundation upon
850 completion of the project.
851 (4)(5) A project may not be initiated unless all private
852 funds for planning, construction, and equipping the facility
853 have been received and deposited in the separate university
854 program account designated for this purpose. However, these
855 requirements do not preclude the university from expending funds
856 derived from private sources to develop a prospectus, including
857 preliminary architectural schematics or models, for use in its
858 efforts to raise private funds for a facility, and for site
859 preparation, planning, and construction. The Board of Governors
860 shall establish a method for validating the receipt and deposit
861 of private matching funds. The Legislature may appropriate the
862 state’s matching funds in one or more fiscal years for the
863 planning, construction, and equipping of an eligible facility.
864 Each university shall notify all donors of private funds of a
865 substantial delay in the availability of state matching funds
866 for this program.
867 (5)(6) To be eligible to participate in the Alec P.
868 Courtelis University Facility Enhancement Challenge Grant
869 Program, a university must shall raise a contribution equal to
870 one-half of the total cost of a facilities construction project
871 from private nongovernmental sources which must shall be matched
872 by a state appropriation equal to the amount raised for a
873 facilities construction project subject to the General
874 Appropriations Act.
875 (6)(7) If the state’s share of the required match is
876 insufficient to meet the requirements of subsection (5) (6), the
877 university must shall renegotiate the terms of the contribution
878 with the donors. If the project is terminated, each private
879 donation, plus accrued interest, reverts to the foundation for
880 remittance to the donor.
881 (7)(8) By October 15 of each year, the Board of Governors
882 shall transmit to the Legislature a list of projects that meet
883 all eligibility requirements to participate in the Alec P.
884 Courtelis University Facility Enhancement Challenge Grant
885 Program and a budget request that includes the recommended
886 schedule necessary to complete each project.
887 (8)(9) In order for a project to be eligible under this
888 program, it must be included in the university 5-year capital
889 improvement plan and must receive approval from the Board of
890 Governors or the Legislature.
891 (9)(10) A university’s project may not be removed from the
892 approved 3-year PECO priority list because of its successful
893 participation in this program until approved by the Legislature
894 and provided for in the General Appropriations Act. When such a
895 project is completed and removed from the list, all other
896 projects shall move up on the 3-year PECO priority list. A
897 university may shall not use PECO funds, including the Capital
898 Improvement Trust Fund fee and the building fee, to complete a
899 project under this section.
900 (10)(11) The surveys, architectural plans, facility, and
901 equipment are shall be the property of the State of Florida. A
902 facility constructed pursuant to this section may be named in
903 honor of a donor at the option of the university and the Board
904 of Governors. A No facility may not shall be named after a
905 living person without prior approval by the Legislature.
906 (11)(12) Effective July 1, 2011, state matching funds are
907 temporarily suspended for donations received for this program on
908 or after June 30, 2011. Existing eligible donations remain
909 eligible for future matching funds. The program may be restarted
910 after $200 million of the backlog for programs under ss.
911 1011.32, 1011.85, 1011.94, and this section have been matched.
912 (12) Notwithstanding the suspension provision under
913 subsection (11), for the 2017-2018 fiscal year and subject to
914 the General Appropriations Act, the Legislature may choose to
915 prioritize funding for those projects that have matching funds
916 available before June 30, 2011, and that have not yet been
917 constructed.
918 Section 145. Effective July 1, 2017, subsection (3) of
919 section 267.062, Florida Statutes, is amended to read:
920 267.062 Naming of state buildings and other facilities.—
921 (3) Notwithstanding the provisions of subsection (1) or s.
922 1013.79(10) s. 1013.79(11), any state building, road, bridge,
923 park, recreational complex, or other similar facility of a state
924 university may be named for a living person by the university
925 board of trustees in accordance with regulations adopted by the
926 Board of Governors of the State University System.
927 Section 146. The Division of Law Revision and Information
928 is directed to prepare a reviser’s bill for the 2018 Regular
929 Session to substitute the term “Effective Access to Student
930 Education Grant Program” for “Florida Resident Access Grant
931 Program” and the term “Effective Access to Student Education
932 grant” for “Florida resident access grant” wherever those terms
933 appear in the Florida Statutes.
934
935 ================= T I T L E A M E N D M E N T ================
936 And the title is amended as follows:
937 Delete line 316
938 and insert:
939 Information; amending s. 1001.66, F.S.; revising
940 requirements for the performance-based metrics used to
941 award Florida Community College System institutions
942 with performance-based incentives; amending s.
943 1001.67, F.S.; revising the Distinguished Florida
944 Community College System Institution Program
945 excellence standards requirements; amending s.
946 1001.706, F.S.; requiring state universities to use
947 gap analyses to identify internship opportunities in
948 high-demand fields; amending s. 1001.7065, F.S.;
949 revising the preeminent state research universities
950 program graduation rate requirements and funding
951 distributions; deleting the authority for such
952 universities to stipulate a special course requirement
953 for incoming students; requiring the Board of
954 Governors to establish certain standards by a
955 specified date; amending s. 1001.92, F.S.; requiring
956 certain performance-based metrics to include specified
957 graduation rates and access benchmarks; creating s.
958 1004.6497, F.S.; establishing the World Class Faculty
959 and Scholar Program; providing the purpose and intent
960 of the program; authorizing investments in certain
961 faculty retention, recruitment, and recognition
962 activities; specifying funding as provided in the
963 General Appropriations Act; requiring the funds to be
964 used only for authorized purposes and investments;
965 requiring the Board of Governors to submit an annual
966 report to the Governor and the Legislature by a
967 specified date; creating s. 1004.6498, F.S.;
968 establishing the State University Professional and
969 Graduate Degree Excellence Program; providing the
970 purpose of the program; listing the quality
971 improvement efforts that may be used to elevate the
972 prominence of state university medicine, law, and
973 graduate-level business programs; specifying funding
974 as provided in the General Appropriations Act;
975 requiring the funds to be used only for authorized
976 purposes and investments; requiring the Board of
977 Governors to submit an annual report to the Governor
978 and the Legislature by a specified date; amending s.
979 1007.27, F.S.; requiring school districts to notify
980 students about certain lists and equivalencies;
981 amending s. 1008.30, F.S.; providing that certain
982 state universities may continue to provide
983 developmental education instruction; amending ss.
984 1009.22 and 1009.23, F.S.; revising the prohibition on
985 the inclusion of a technology fee in the Florida
986 Bright Futures Scholarship Program award; amending s.
987 1009.24, F.S.; revising the prohibition on the
988 inclusion of a technology fee in the Florida Bright
989 Futures Scholarship Program award; requiring each
990 state university board of trustees to implement a
991 block tuition policy for specified undergraduate
992 students or undergraduate-level courses by a specified
993 time; requiring the Chancellor of the State University
994 System to submit a report to the Governor and the
995 Legislature by a specified date; revising the
996 conditions for differential tuition; amending s.
997 1009.53, F.S.; authorizing a student to use funds
998 appropriated in the General Appropriations Act for
999 summer term enrollment for Florida Academic Scholars
1000 awards; amending s. 1009.534, F.S.; specifying Florida
1001 Academic Scholars award amounts to cover tuition,
1002 fees, textbooks, and other college-related expenses;
1003 amending s. 1009.701, F.S.; revising the state-to
1004 private match requirement for contributions to the
1005 First Generation Matching Grant Program; amending s.
1006 1009.89, F.S.; renaming the Florida Resident Access
1007 Grant Program; amending s. 1009.893, F.S.; extending
1008 coverage of Benacquisto Scholarships to include
1009 tuition and fees for qualified nonresident students;
1010 creating s. 1009.894, F.S.; creating the Florida
1011 Farmworker Student Scholarship Program; providing a
1012 purpose; requiring the Department of Education to
1013 administer the scholarship program; providing initial
1014 and renewal scholarship student eligibility criteria;
1015 specifying award amounts and distributions; requiring
1016 the department to issue the awards annually; requiring
1017 institutions to certify certain information and remit
1018 any remaining funds to the department by a specified
1019 timeframe; requiring the department to maintain
1020 program data; providing for funding as specified in
1021 the General Appropriations Act; amending s. 1009.98,
1022 F.S.; providing that certain payments from the Florida
1023 Prepaid College Board to a state university on behalf
1024 of a qualified beneficiary may not exceed a specified
1025 amount; amending s. 1013.79, F.S.; revising the intent
1026 of the Alec P. Courtelis University Facility
1027 Enhancement Challenge Grant Program; deleting the Alec
1028 P. Courtelis Capital Facilities Matching Trust Fund;
1029 authorizing the Legislature to prioritize certain
1030 funds for the 2017-2018 fiscal year; amending s.
1031 267.062, F.S.; conforming a cross-reference; providing
1032 a directive to the Division of Law Revision and
1033 Information; providing effective dates.