Florida Senate - 2018                                       SB 4
       
       
        
       By Senator Galvano
       
       
       
       
       
       21-00135B-18                                             20184__
    1                        A bill to be entitled                      
    2         An act relating to higher education; providing a short
    3         title; amending s. 1001.706, F.S.; requiring state
    4         universities to identify internship opportunities in
    5         high-demand fields; amending s. 1001.7065, F.S.;
    6         revising the preeminent state research universities
    7         program graduation rate requirements and funding
    8         distributions; deleting the authority for such
    9         universities to stipulate a special course requirement
   10         for incoming students; requiring the Board of
   11         Governors to establish certain standards by a
   12         specified date; amending s. 1001.92, F.S.; requiring
   13         certain performance-based metrics to include specified
   14         graduation rates and access benchmarks; amending s.
   15         1004.28, F.S.; directing a state university board of
   16         trustees to limit the services, activities, and
   17         expenses of its direct-support organizations;
   18         requiring the chair of the board of trustees to
   19         appoint at least one representative to the board of
   20         directors and executive committee of a university
   21         direct-support organization; requiring the disclosure
   22         of certain financial documents; creating s. 1004.6497,
   23         F.S.; establishing the World Class Faculty and Scholar
   24         Program; providing the purpose and intent; authorizing
   25         state university investments in certain faculty
   26         retention, recruitment, and recognition activities;
   27         specifying funding as provided in the General
   28         Appropriations Act; requiring an annual report to the
   29         Governor and the Legislature by a specified date;
   30         creating s. 1004.6498, F.S.; establishing the State
   31         University Professional and Graduate Degree Excellence
   32         Program; providing the purpose; listing the quality
   33         improvement efforts that may be used to elevate the
   34         prominence of state university medicine, law, and
   35         graduate-level business programs; specifying funding
   36         as provided in the General Appropriations Act;
   37         requiring an annual report to the Governor and the
   38         Legislature by a specified date; amending s. 1008.30,
   39         F.S.; authorizing certain state universities to
   40         continue to provide developmental education
   41         instruction; amending ss. 1009.22 and 1009.23, F.S.;
   42         removing the prohibition on the inclusion of a
   43         technology fee in the Florida Bright Futures
   44         Scholarship Program award; amending s. 1009.24, F.S.;
   45         removing the prohibition on the inclusion of a
   46         technology fee and a tuition differential fee in the
   47         Florida Bright Futures Scholarship Program award;
   48         requiring each state university board of trustees to
   49         implement a block tuition policy for specified
   50         undergraduate students beginning in a specified
   51         academic semester; requiring the Chancellor of the
   52         State University System to submit a report to the
   53         Governor and the Legislature by a specified date;
   54         amending s. 1009.53, F.S.; authorizing a student to
   55         use Florida Bright Futures Scholarship Program awards
   56         for summer term enrollment; amending s. 1009.534,
   57         F.S.; specifying Florida Academic Scholars award
   58         amounts to cover tuition, fees, textbooks, and other
   59         educational expenses; amending s. 1009.535, F.S.;
   60         specifying Florida Medallion Scholars award amounts to
   61         cover specified tuition and fees; amending s.
   62         1009.701, F.S.; revising the state-to-private match
   63         requirement for contributions to the First Generation
   64         Matching Grant Program beginning in a specified fiscal
   65         year; extending the program to include Florida College
   66         System institution students; amending s. 1009.893,
   67         F.S.; extending coverage of the Benacquisto
   68         Scholarship Program to include tuition and fees for
   69         qualified nonresident students; creating s. 1009.894,
   70         F.S.; creating the Florida Farmworker Student
   71         Scholarship Program; providing a purpose; requiring
   72         the Department of Education to administer the
   73         scholarship program; providing student eligibility
   74         criteria; specifying award amounts and distributions;
   75         providing for funding as specified in the General
   76         Appropriations Act; amending s. 1009.98, F.S.;
   77         providing that certain payments from the Florida
   78         Prepaid College Board to a state university on behalf
   79         of a qualified beneficiary may not exceed a specified
   80         amount; providing for retroactive application;
   81         providing a directive to the Division of Law Revision
   82         and Information; providing an effective date.
   83          
   84  Be It Enacted by the Legislature of the State of Florida:
   85  
   86         Section 1. This act shall be cited as the “Florida
   87  Excellence in Higher Education Act of 2018.”
   88         Section 2. Paragraph (b) of subsection (5) of section
   89  1001.706, Florida Statutes, is amended to read:
   90         1001.706 Powers and duties of the Board of Governors.—
   91         (5) POWERS AND DUTIES RELATING TO ACCOUNTABILITY.—
   92         (b) The Board of Governors shall develop a strategic plan
   93  specifying goals and objectives for the State University System
   94  and each constituent university, including each university’s
   95  contribution to overall system goals and objectives. The
   96  strategic plan must:
   97         1. Include performance metrics and standards common for all
   98  institutions and metrics and standards unique to institutions
   99  depending on institutional core missions, including, but not
  100  limited to, student admission requirements, retention,
  101  graduation, percentage of graduates who have attained
  102  employment, percentage of graduates enrolled in continued
  103  education, licensure passage, average wages of employed
  104  graduates, average cost per graduate, excess hours, student loan
  105  burden and default rates, faculty awards, total annual research
  106  expenditures, patents, licenses and royalties, intellectual
  107  property, startup companies, annual giving, endowments, and
  108  well-known, highly respected national rankings for institutional
  109  and program achievements.
  110         2. Consider reports and recommendations of the Higher
  111  Education Coordinating Council pursuant to s. 1004.015 and the
  112  Articulation Coordinating Committee pursuant to s. 1007.01.
  113         3. Include student enrollment and performance data
  114  delineated by method of instruction, including, but not limited
  115  to, traditional, online, and distance learning instruction.
  116         4. Include criteria for designating baccalaureate degree
  117  and master’s degree programs at specified universities as high
  118  demand programs of emphasis. Fifty percent of the criteria for
  119  designation as high-demand programs of emphasis must be based on
  120  achievement of performance outcome thresholds determined by the
  121  Board of Governors, and 50 percent of the criteria must be based
  122  on achievement of performance outcome thresholds specifically
  123  linked to:
  124         a. Job placement in employment of 36 hours or more per week
  125  and average full-time wages of graduates of the degree programs
  126  1 year and 5 years after graduation, based in part on data
  127  provided in the economic security report of employment and
  128  earning outcomes produced annually pursuant to s. 445.07.
  129         b. Data-driven gap analyses, conducted by the Board of
  130  Governors, of the state’s job market demands and the outlook for
  131  jobs that require a baccalaureate or higher degree. Each state
  132  university must use the gap analyses to identify internship
  133  opportunities for students to benefit from mentorship by
  134  industry experts, earn industry certifications, and become
  135  employed in high-demand fields.
  136         Section 3. Paragraph (d) of subsection (2), paragraph (c)
  137  of subsection (5), and subsections (6), (7), and (8) of section
  138  1001.7065, Florida Statutes, are amended to read:
  139         1001.7065 Preeminent state research universities program.—
  140         (2) ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—The
  141  following academic and research excellence standards are
  142  established for the preeminent state research universities
  143  program:
  144         (d) A 4-year graduation rate of 60 percent or higher for
  145  full-time, first-time-in-college students, as reported annually
  146  to the IPEDS. However, for the 2018 determination of a state
  147  university’s preeminence designation and the related
  148  distribution of the 2018-2019 fiscal year appropriation
  149  associated with preeminence and emerging preeminence, a
  150  university is considered to have satisfied this graduation rate
  151  measure by attaining a 6-year graduation rate of 70 percent or
  152  higher by October 1, 2017, for full-time, first-time-in-college
  153  students, as reported annually to the IPEDS and confirmed by the
  154  Board of Governors.
  155         (5) PREEMINENT STATE RESEARCH UNIVERSITIES PROGRAM
  156  SUPPORT.—
  157         (c) The award of funds under this subsection is contingent
  158  upon funding provided in the General Appropriations Act to
  159  support the preeminent state research universities program
  160  created under this section. Funding increases appropriated
  161  beyond the amounts funded in the previous fiscal year shall be
  162  distributed as follows:
  163         1. Each designated preeminent state research university
  164  that meets the criteria in paragraph (a) shall receive an equal
  165  amount of funding.
  166         2. Each designated emerging preeminent state research
  167  university that meets the criteria in paragraph (b) shall,
  168  beginning in the 2018-2019 fiscal year, receive an amount of
  169  funding that is equal to one-fourth one-half of the total
  170  increased amount awarded to each designated preeminent state
  171  research university.
  172         (6) PREEMINENT STATE RESEARCH UNIVERSITY SPECIAL COURSE
  173  REQUIREMENT AUTHORITY.—In order to provide a jointly shared
  174  educational experience, a university that is designated a
  175  preeminent state research university may require its incoming
  176  first-time-in-college students to take a six-credit set of
  177  unique courses specifically determined by the university and
  178  published on the university’s website. The university may
  179  stipulate that credit for such courses may not be earned through
  180  any acceleration mechanism pursuant to s. 1007.27 or s. 1007.271
  181  or any other transfer credit. All accelerated credits earned up
  182  to the limits specified in ss. 1007.27 and 1007.271 shall be
  183  applied toward graduation at the student’s request.
  184         (6)(7) PREEMINENT STATE RESEARCH UNIVERSITY FLEXIBILITY
  185  AUTHORITY.—The Board of Governors is encouraged to identify and
  186  grant all reasonable, feasible authority and flexibility to
  187  ensure that each designated preeminent state research university
  188  and each designated emerging preeminent state research
  189  university is free from unnecessary restrictions.
  190         (7)(8) PROGRAMS OF EXCELLENCE THROUGHOUT THE STATE
  191  UNIVERSITY SYSTEM.—The Board of Governors shall is encouraged to
  192  establish standards and measures whereby individual
  193  undergraduate, graduate, and professional degree programs in
  194  state universities which that objectively reflect national
  195  excellence can be identified and make recommendations to the
  196  Legislature by September 1, 2018, as to how any such programs
  197  could be enhanced and promoted.
  198         Section 4. Subsection (1) of section 1001.92, Florida
  199  Statutes, is amended to read:
  200         1001.92 State University System Performance-Based
  201  Incentive.—
  202         (1) A State University System Performance-Based Incentive
  203  shall be awarded to state universities using performance-based
  204  metrics adopted by the Board of Governors of the State
  205  University System. Beginning with the Board of Governors’
  206  determination of each university’s performance improvement and
  207  achievement ratings for 2018, and the related distribution of
  208  the 2018-2019 fiscal year appropriation, the performance-based
  209  metrics must include 4-year graduation rates; retention rates;
  210  postgraduation education rates; degree production;
  211  affordability; postgraduation employment and salaries, including
  212  wage thresholds that reflect the added value of a baccalaureate
  213  degree; access, with benchmarks that reward institutions with
  214  access rates at or above 50 percent; and other metrics approved
  215  by the board in a formally noticed meeting. The board shall
  216  adopt benchmarks to evaluate each state university’s performance
  217  on the metrics to measure the state university’s achievement of
  218  institutional excellence or need for improvement and minimum
  219  requirements for eligibility to receive performance funding.
  220         Section 5. Subsections (2), (3), and (4) and paragraph (b)
  221  of subsection (5) of section 1004.28, Florida Statutes, are
  222  amended to read:
  223         1004.28 Direct-support organizations; use of property;
  224  board of directors; activities; audit; facilities.—
  225         (2) USE OF PROPERTY.—
  226         (a) Each state university board of trustees is authorized
  227  to permit the use of property, facilities, and personal services
  228  at any state university by any university direct-support
  229  organization, and, subject to the provisions of this section,
  230  direct-support organizations may establish accounts with the
  231  State Board of Administration for investment of funds pursuant
  232  to part IV of chapter 218. Beginning July 1, 2023, a state
  233  university board of trustees may not permit any university
  234  direct-support organization to use personal services.
  235         (b) The board of trustees, in accordance with regulations
  236  rules and guidelines of the Board of Governors, shall prescribe
  237  by regulation rule conditions with which a university direct
  238  support organization must comply in order to use property,
  239  facilities, or personal services at any state university. Such
  240  regulations rules shall provide for budget and audit review and
  241  oversight by the board of trustees.
  242         (c) The board of trustees shall not permit the use of
  243  property, facilities, or personal services at any state
  244  university by any university direct-support organization that
  245  does not provide equal employment opportunities to all persons
  246  regardless of race, color, religion, gender, age, or national
  247  origin.
  248         (d) The board of trustees may not permit the use of state
  249  funds for travel expenses by any university direct-support
  250  organization.
  251         (3) BOARD OF DIRECTORS.—The chair of the university board
  252  of trustees shall may appoint at least one a representative to
  253  the board of directors and the executive committee of any
  254  direct-support organization established under this section. The
  255  president of the university for which the direct-support
  256  organization is established, or his or her designee, shall also
  257  serve on the board of directors and the executive committee of
  258  any direct-support organization established to benefit that
  259  university.
  260         (4) ACTIVITIES; RESTRICTION.—A university direct-support
  261  organization is prohibited from giving, either directly or
  262  indirectly, any gift to a political committee as defined in s.
  263  106.011 for any purpose other than those certified by a majority
  264  roll call vote of the governing board of the direct-support
  265  organization at a regularly scheduled meeting as being directly
  266  related to the educational mission of the university.
  267         (5) ANNUAL AUDIT; PUBLIC RECORDS EXEMPTION; PUBLIC MEETINGS
  268  EXEMPTION.—
  269         (b) All records of the organization other than the
  270  auditor’s report, management letter, any records related to the
  271  expenditure of state funds, any records related to the
  272  expenditure of private funds for travel, and any supplemental
  273  data requested by the Board of Governors, the university board
  274  of trustees, the Auditor General, and the Office of Program
  275  Policy Analysis and Government Accountability shall be
  276  confidential and exempt from s. 119.07(1).
  277         Section 6. Section 1004.6497, Florida Statutes, is created
  278  to read:
  279         1004.6497 World Class Faculty and Scholar Program.—
  280         (1) PURPOSE AND LEGISLATIVE INTENT.—The World Class Faculty
  281  and Scholar Program is established to fund, beginning in the
  282  2017-2018 fiscal year, and support the efforts of state
  283  universities to recruit and retain exemplary faculty and
  284  research scholars. It is the intent of the Legislature to
  285  elevate the national competitiveness of Florida’s state
  286  universities through faculty and scholar recruitment and
  287  retention.
  288         (2) INVESTMENTS.—Retention, recruitment, and recognition
  289  efforts, activities, and investments may include, but are not
  290  limited to, investments in research-centric cluster hires,
  291  faculty research and research commercialization efforts,
  292  instructional and research infrastructure, undergraduate student
  293  participation in research, professional development, awards for
  294  outstanding performance, and postdoctoral fellowships.
  295         (3) FUNDING AND USE.—Funding for the program shall be as
  296  provided in the General Appropriations Act. Each state
  297  university shall use the funds only for the purpose and
  298  investments authorized under this section. These funds may not
  299  be used to construct buildings.
  300         (4)ACCOUNTABILITY.—By March 15 of each year, the Board of
  301  Governors shall provide to the Governor, the President of the
  302  Senate, and the Speaker of the House of Representatives a report
  303  summarizing information from the universities in the State
  304  University System, including, but not limited to:
  305         (a)Specific expenditure information as it relates to the
  306  investments identified in subsection (2).
  307         (b)The impact of those investments in elevating the
  308  national competitiveness of the universities, specifically
  309  relating to:
  310         1. The success in recruiting research faculty and the
  311  resulting research funding;
  312         2. The 4-year graduation rate for undergraduate students;
  313         3. The number of undergraduate courses offered with fewer
  314  than 50 students; and
  315         4. The increase in national academic standing of targeted
  316  programs, specifically advancement in ranking among top 50
  317  universities in the targeted programs in well-known and highly
  318  respected national public university rankings, including, but
  319  not limited to, the U.S. News and World Report rankings, which
  320  reflect national preeminence, using the most recent rankings.
  321         Section 7. Section 1004.6498, Florida Statutes, is created
  322  to read:
  323         1004.6498 State University Professional and Graduate Degree
  324  Excellence Program.—
  325         (1) PURPOSE.—The State University Professional and Graduate
  326  Degree Excellence Program is established to fund, beginning in
  327  the 2017-2018 fiscal year, and support the efforts of state
  328  universities to enhance the quality and excellence of
  329  professional and graduate schools and degree programs in
  330  medicine, law, and business and expand the economic impact of
  331  state universities.
  332         (2) INVESTMENTS.—Quality improvement efforts may include,
  333  but are not limited to, targeted investments in faculty,
  334  students, research, infrastructure, and other strategic
  335  endeavors to elevate the national and global prominence of state
  336  university medicine, law, and graduate-level business programs.
  337         (3) FUNDING AND USE.—Funding for the program shall be as
  338  provided in the General Appropriations Act. Each state
  339  university shall use the funds only for the purpose and
  340  investments authorized under this section. These funds may not
  341  be used to construct buildings.
  342         (4)ACCOUNTABILITY.—By March 15 of each year, the Board of
  343  Governors shall provide to the Governor, the President of the
  344  Senate, and the Speaker of the House of Representatives a report
  345  summarizing information from the universities in the State
  346  University System, including, but not limited to:
  347         (a)Specific expenditure information as it relates to the
  348  investments identified in subsection (2).
  349         (b)The impact of those investments in elevating the
  350  national and global prominence of the state university medicine,
  351  law, and graduate-level business programs, specifically relating
  352  to:
  353         1. The first-time pass rate on the United States Medical
  354  Licensing Examination;
  355         2. The first-time pass rate on The Florida Bar Examination;
  356         3. The percentage of graduates enrolled or employed at a
  357  wage threshold that reflects the added value of a graduate-level
  358  business degree;
  359         4. The advancement in the rankings of the state university
  360  medicine, law, and graduate-level programs in well-known and
  361  highly respected national graduate-level university rankings,
  362  including, but not limited to, the U.S. News and World Report
  363  rankings, which reflect national preeminence, using the most
  364  recent rankings; and
  365         5. The added economic benefit of the universities to the
  366  state.
  367         Section 8. Paragraph (c) of subsection (5) of section
  368  1008.30, Florida Statutes, is amended to read:
  369         1008.30 Common placement testing for public postsecondary
  370  education.—
  371         (5)
  372         (c) A university board of trustees may contract with a
  373  Florida College System institution board of trustees for the
  374  Florida College System institution to provide developmental
  375  education on the state university campus. Any state university
  376  in which the percentage of incoming students requiring
  377  developmental education equals or exceeds the average percentage
  378  of such students for the Florida College System may offer
  379  developmental education without contracting with a Florida
  380  College System institution; however, any state university
  381  offering college-preparatory instruction as of January 1, 1996,
  382  may continue to provide developmental education instruction as
  383  defined in s. 1008.02(1) such services.
  384         Section 9. Subsection (7) of section 1009.22, Florida
  385  Statutes, is amended to read:
  386         1009.22 Workforce education postsecondary student fees.—
  387         (7) Each district school board and Florida College System
  388  institution board of trustees is authorized to establish a
  389  separate fee for technology, not to exceed 5 percent of tuition
  390  per credit hour or credit-hour equivalent for resident students
  391  and not to exceed 5 percent of tuition and the out-of-state fee
  392  per credit hour or credit-hour equivalent for nonresident
  393  students. Revenues generated from the technology fee shall be
  394  used to enhance instructional technology resources for students
  395  and faculty and shall not be included in any award under the
  396  Florida Bright Futures Scholarship Program. Fifty percent of
  397  technology fee revenues may be pledged by a Florida College
  398  System institution board of trustees as a dedicated revenue
  399  source for the repayment of debt, including lease-purchase
  400  agreements, not to exceed the useful life of the asset being
  401  financed. Revenues generated from the technology fee may not be
  402  bonded.
  403         Section 10. Subsection (10) of section 1009.23, Florida
  404  Statutes, is amended to read:
  405         1009.23 Florida College System institution student fees.—
  406         (10) Each Florida College System institution board of
  407  trustees is authorized to establish a separate fee for
  408  technology, which may not exceed 5 percent of tuition per credit
  409  hour or credit-hour equivalent for resident students and may not
  410  exceed 5 percent of tuition and the out-of-state fee per credit
  411  hour or credit-hour equivalent for nonresident students.
  412  Revenues generated from the technology fee shall be used to
  413  enhance instructional technology resources for students and
  414  faculty. The technology fee may apply to both college credit and
  415  developmental education and shall not be included in any award
  416  under the Florida Bright Futures Scholarship Program. Fifty
  417  percent of technology fee revenues may be pledged by a Florida
  418  College System institution board of trustees as a dedicated
  419  revenue source for the repayment of debt, including lease
  420  purchase agreements, not to exceed the useful life of the asset
  421  being financed. Revenues generated from the technology fee may
  422  not be bonded.
  423         Section 11. Subsection (13), paragraph (r) of subsection
  424  (14), paragraphs (a) and (b) of subsection (15), paragraphs (a),
  425  (b), and (e) of subsection (16), and subsection (20) of section
  426  1009.24, Florida Statutes, are amended to read:
  427         1009.24 State university student fees.—
  428         (13) Each university board of trustees may establish a
  429  technology fee of up to 5 percent of the tuition per credit
  430  hour. The revenue from this fee shall be used to enhance
  431  instructional technology resources for students and faculty. The
  432  technology fee may not be included in any award under the
  433  Florida Bright Futures Scholarship Program established pursuant
  434  to ss. 1009.53-1009.538.
  435         (14) Except as otherwise provided in subsection (15), each
  436  university board of trustees is authorized to establish the
  437  following fees:
  438         (r) Traffic and parking fines, charges for parking decals,
  439  and transportation access fees. Only universitywide
  440  transportation access fees may be included in any state
  441  financial assistance award authorized under part III of chapter
  442  1009, as specifically authorized by law or the General
  443  Appropriations Act.
  444  
  445  With the exception of housing rental rates and except as
  446  otherwise provided, fees assessed pursuant to paragraphs (h)-(s)
  447  shall be based on reasonable costs of services. The Board of
  448  Governors shall adopt regulations and timetables necessary to
  449  implement the fees and fines authorized under this subsection.
  450  The fees assessed under this subsection may be used for debt
  451  only as authorized under s. 1010.62.
  452         (15)(a) The Board of Governors may approve:
  453         1. A proposal from a university board of trustees to
  454  establish a new student fee that is not specifically authorized
  455  by this section.
  456         2. A proposal from a university board of trustees to
  457  increase the current cap for an existing fee authorized pursuant
  458  to paragraphs (14)(a)-(g).
  459         3.a. A proposal from a university board of trustees to
  460  implement flexible tuition policies, such as undergraduate or
  461  graduate block tuition, block tuition differential, or market
  462  tuition rates for graduate-level online courses or graduate
  463  level courses offered through a university’s continuing
  464  education program. A block tuition policy for resident
  465  undergraduate students or undergraduate-level courses must shall
  466  be based on the per-credit-hour undergraduate tuition
  467  established under subsection (4). A block tuition policy for
  468  nonresident undergraduate students must shall be based on the
  469  per-credit-hour undergraduate tuition and out-of-state fee
  470  established under subsection (4). Flexible tuition policies,
  471  including block tuition, may not increase the state’s fiscal
  472  liability or obligation.
  473         b. A block tuition policy, which must be adopted by each
  474  university board of trustees for implementation beginning in the
  475  fall 2018 academic semester. The policy must apply to the
  476  entering freshman class of full-time, first-time-in-college
  477  students and may be extended to include other enrolled students.
  478  The policy must, at a minimum:
  479         (I) Include block tuition and any required fees, including,
  480  but not limited to, tuition differential fees, activity and
  481  service fees, financial aid fees, capital improvement fees,
  482  athletic fees, health fees, and technology fees.
  483         (II) Require the university to maximize the application of
  484  appropriate accelerated credits to minimize unnecessary credits
  485  and excess hours.
  486         (III) Enable students to have the flexibility to earn at
  487  least 30 credits per academic year in any combination of fall,
  488  spring, and summer academic terms or semesters.
  489         (b) A proposal developed pursuant to paragraph (a) shall be
  490  submitted in accordance with the public notification
  491  requirements of subsection (20) and guidelines established by
  492  the Board of Governors. Approval by the Board of Governors of
  493  such proposals proposal must be made in accordance with the
  494  provisions of this subsection. By April 1, 2018, each state
  495  university board of trustees must submit to the Board of
  496  Governors its block tuition policy, adopted pursuant to
  497  subparagraph (a)3., along with information on the potential
  498  impact of the policy on students. By August 1, 2018, the
  499  Chancellor of the State University System must submit to the
  500  Governor, the President of the Senate, and the Speaker of the
  501  House of Representatives a summary report of such policies, the
  502  status of the board’s review and approval of such policies, and
  503  the board’s recommendations for improving block tuition and fee
  504  benefits for students.
  505         (16) Each university board of trustees may establish a
  506  tuition differential for undergraduate courses upon receipt of
  507  approval from the Board of Governors. However, beginning July 1,
  508  2014, the Board of Governors may only approve the establishment
  509  of or an increase in tuition differential for a state research
  510  university designated as a preeminent state research university
  511  pursuant to s. 1001.7065(3). The tuition differential shall
  512  promote improvements in the quality of undergraduate education
  513  and shall provide financial aid to undergraduate students who
  514  exhibit financial need.
  515         (a) Seventy percent of the revenues from the tuition
  516  differential shall be expended for purposes of undergraduate
  517  education. Such expenditures may include, but are not limited
  518  to, increasing course offerings, improving graduation rates,
  519  increasing the percentage of undergraduate students who are
  520  taught by faculty, decreasing student-faculty ratios, providing
  521  salary increases for faculty who have a history of excellent
  522  teaching in undergraduate courses, improving the efficiency of
  523  the delivery of undergraduate education through academic
  524  advisement and counseling, and reducing the percentage of
  525  students who graduate with excess hours. This expenditure for
  526  undergraduate education may not be used to pay the salaries of
  527  graduate teaching assistants. Except as otherwise provided in
  528  this subsection, the remaining 30 percent of the revenues from
  529  the tuition differential, or the equivalent amount of revenue
  530  from private sources, shall be expended to provide financial aid
  531  to undergraduate students who exhibit financial need, including
  532  students who are scholarship recipients under s. 1009.984, to
  533  meet the cost of university attendance. This expenditure for
  534  need-based financial aid shall not supplant the amount of need
  535  based aid provided to undergraduate students in the preceding
  536  fiscal year from financial aid fee revenues, the direct
  537  appropriation for financial assistance provided to state
  538  universities in the General Appropriations Act, or from private
  539  sources. The total amount of tuition differential waived under
  540  subparagraph (b)7. (b)8. may be included in calculating the
  541  expenditures for need-based financial aid to undergraduate
  542  students required by this subsection. If the entire tuition and
  543  fee costs of resident students who have applied for and received
  544  Pell Grant funds have been met and the university has excess
  545  funds remaining from the 30 percent of the revenues from the
  546  tuition differential required to be used to assist students who
  547  exhibit financial need, the university may expend the excess
  548  portion in the same manner as required for the other 70 percent
  549  of the tuition differential revenues.
  550         (b) Each tuition differential is subject to the following
  551  conditions:
  552         1. The tuition differential may be assessed on one or more
  553  undergraduate courses or on all undergraduate courses at a state
  554  university.
  555         2. The tuition differential may vary by course or courses,
  556  by campus or center location, and by institution. Each
  557  university board of trustees shall strive to maintain and
  558  increase enrollment in degree programs related to math, science,
  559  high technology, and other state or regional high-need fields
  560  when establishing tuition differentials by course.
  561         3. For each state university that is designated as a
  562  preeminent state research university by the Board of Governors,
  563  pursuant to s. 1001.7065, the aggregate sum of tuition and the
  564  tuition differential may be increased by no more than 6 percent
  565  of the total charged for the aggregate sum of these fees in the
  566  preceding fiscal year. The tuition differential may be increased
  567  if the university meets or exceeds performance standard targets
  568  for that university established annually by the Board of
  569  Governors for the following performance standards, amounting to
  570  no more than a 2-percent increase in the tuition differential
  571  for each performance standard:
  572         a. An increase in the 4-year 6-year graduation rate for
  573  full-time, first-time-in-college students, as reported annually
  574  to the Integrated Postsecondary Education Data System.
  575         b. An increase in the total annual research expenditures.
  576         c. An increase in the total patents awarded by the United
  577  States Patent and Trademark Office for the most recent years.
  578         4. The aggregate sum of undergraduate tuition and fees per
  579  credit hour, including the tuition differential, may not exceed
  580  the national average of undergraduate tuition and fees at 4-year
  581  degree-granting public postsecondary educational institutions.
  582         5. The tuition differential shall not be included in any
  583  award under the Florida Bright Futures Scholarship Program
  584  established pursuant to ss. 1009.53-1009.538.
  585         5.6. Beneficiaries having prepaid tuition contracts
  586  pursuant to s. 1009.98(2)(b) which were in effect on July 1,
  587  2007, and which remain in effect, are exempt from the payment of
  588  the tuition differential.
  589         6.7. The tuition differential may not be charged to any
  590  student who was in attendance at the university before July 1,
  591  2007, and who maintains continuous enrollment.
  592         7.8. The tuition differential may be waived by the
  593  university for students who meet the eligibility requirements
  594  for the Florida public student assistance grant established in
  595  s. 1009.50.
  596         8.9. Subject to approval by the Board of Governors, the
  597  tuition differential authorized pursuant to this subsection may
  598  take effect with the 2009 fall term.
  599         (e) The Board of Governors shall submit a report to the
  600  President of the Senate, the Speaker of the House of
  601  Representatives, and the Governor describing the implementation
  602  of the provisions of this subsection no later than February 1 of
  603  each year. The report shall summarize proposals received by the
  604  board during the preceding fiscal year and actions taken by the
  605  board in response to such proposals. In addition, the report
  606  shall provide the following information for each university that
  607  has been approved by the board to assess a tuition differential:
  608         1. The course or courses for which the tuition differential
  609  was assessed and the amount assessed.
  610         2. The total revenues generated by the tuition
  611  differential.
  612         3. With respect to waivers authorized under subparagraph
  613  (b)7. (b)8., the number of students eligible for a waiver, the
  614  number of students receiving a waiver, and the value of waivers
  615  provided.
  616         4. Detailed expenditures of the revenues generated by the
  617  tuition differential.
  618         5. Changes in retention rates, graduation rates, the
  619  percentage of students graduating with more than 110 percent of
  620  the hours required for graduation, pass rates on licensure
  621  examinations, the number of undergraduate course offerings, the
  622  percentage of undergraduate students who are taught by faculty,
  623  student-faculty ratios, and the average salaries of faculty who
  624  teach undergraduate courses.
  625         (20) Each state university shall publicly notice and notify
  626  all enrolled students of any proposal to change increase tuition
  627  or fees at least 28 days before its consideration at a board of
  628  trustees meeting. The notice must:
  629         (a) Include the date and time of the meeting at which the
  630  proposal will be considered.
  631         (b) Specifically outline the details of existing tuition
  632  and fees, the rationale for the proposed change increase, and
  633  how the funds from the proposed change increase will be used.
  634         (c) Be posted on the university’s website and issued in a
  635  press release.
  636         Section 12. Subsection (9) of section 1009.53, Florida
  637  Statutes, is amended to read:
  638         1009.53 Florida Bright Futures Scholarship Program.—
  639         (9) A student may use a Florida Academic Scholar an award
  640  for summer term enrollment beginning in the 2018 summer term, as
  641  funded in the General Appropriations Act. A student may use
  642  other Florida Bright Futures Scholarship Program awards for
  643  summer term enrollment, if funded in the General Appropriations
  644  Act if funds are available.
  645         Section 13. Subsection (2) of section 1009.534, Florida
  646  Statutes, is amended to read:
  647         1009.534 Florida Academic Scholars award.—
  648         (2) A Florida Academic Scholar who is enrolled in a
  649  certificate, diploma, associate, or baccalaureate degree program
  650  at a public or nonpublic postsecondary education institution is
  651  eligible, beginning in the 2017-2018 academic year, for an award
  652  equal to the amount required to pay 100 percent of tuition and
  653  fees established under ss. 1009.22(3), (5), (6), and (7);
  654  1009.23(3), (4), (7), (8), (10), and (11); and 1009.24(4), (7)
  655  (13), (14)(r), and (16), as applicable, and is eligible for an
  656  additional $300 each fall and spring academic semester or the
  657  equivalent for textbooks and specified in the General
  658  Appropriations Act to assist with the payment of educational
  659  expenses.
  660         Section 14. Subsection (2) of section 1009.535, Florida
  661  Statutes, is amended to read:
  662         1009.535 Florida Medallion Scholars award.—
  663         (2) A Florida Medallion Scholar who is enrolled in a
  664  certificate, diploma, associate, or baccalaureate degree program
  665  at a public or nonpublic postsecondary education institution is
  666  eligible, beginning in the fall 2018 semester, for an award
  667  equal to the amount required to pay 75 percent of tuition and
  668  fees established under ss. 1009.22(3), (5), (6), and (7);
  669  1009.23(3), (4), (7), (8), (10), and (11); and 1009.24(4), (7)
  670  (13), (14)(r), and (16), as applicable specified in the General
  671  Appropriations Act to assist with the payment of educational
  672  expenses.
  673         Section 15. Subsections (1), (2), and (4) and paragraph (c)
  674  of subsection (5) of section 1009.701, Florida Statutes, are
  675  amended to read:
  676         1009.701 First Generation Matching Grant Program.—
  677         (1) The First Generation Matching Grant Program is created
  678  to enable each state university and Florida College System
  679  institution to provide donors with a matching grant incentive
  680  for contributions that will create grant-based student financial
  681  aid for undergraduate students who demonstrate financial need
  682  and whose parents, as defined in s. 1009.21(1), have not earned
  683  a baccalaureate degree. In the case of any individual who
  684  regularly resided with and received support from only one
  685  parent, an individual whose only such parent did not complete a
  686  baccalaureate degree would also be eligible.
  687         (2) Funds appropriated by the Legislature for the program
  688  shall be allocated by the Office of Student Financial Assistance
  689  to match private contributions on a dollar-for-dollar basis;
  690  however, beginning in the 2018-2019 fiscal year, such funds
  691  shall be allocated at a ratio of $2 of state funds to $1 of
  692  private contributions. Contributions made to a state university
  693  or a Florida College System institution and pledged for the
  694  purposes of this section are eligible for state matching funds
  695  appropriated for this program and are not eligible for any other
  696  state matching grant program. Pledged contributions are not
  697  eligible for matching prior to the actual collection of the
  698  total funds. The Office of Student Financial Assistance shall
  699  reserve a proportionate allocation of the total appropriated
  700  funds for each state university and Florida College System
  701  institution on the basis of full-time equivalent enrollment.
  702  Funds that remain unmatched as of December 1 shall be
  703  reallocated to state universities and colleges that have
  704  remaining unmatched private contributions for the program on the
  705  basis of full-time equivalent enrollment.
  706         (4) Each participating state university and Florida College
  707  System institution shall establish an application process,
  708  determine student eligibility for initial and renewal awards in
  709  conformance with subsection (5), identify the amount awarded to
  710  each recipient, and notify recipients of the amount of their
  711  awards.
  712         (5) In order to be eligible to receive a grant pursuant to
  713  this section, an applicant must:
  714         (c) Be accepted at a state university or Florida College
  715  System institution.
  716         Section 16. Subsections (2), (4), and (5) of section
  717  1009.893, Florida Statutes, are amended to read:
  718         1009.893 Benacquisto Scholarship Program.—
  719         (2) The Benacquisto Scholarship Program is created to
  720  reward a any Florida high school graduate who receives
  721  recognition as a National Merit Scholar or National Achievement
  722  Scholar and who initially enrolls in the 2014-2015 academic year
  723  or, later, in a baccalaureate degree program at an eligible
  724  Florida public or independent postsecondary educational
  725  institution.
  726         (4) In order to be eligible for an award under the
  727  scholarship program, a student must meet the requirements of
  728  paragraph (a) or paragraph (b).:
  729         (a) A student who is a resident of the state, Be a state
  730  resident as determined in s. 1009.40 and rules of the State
  731  Board of Education, must:;
  732         1.(b) Earn a standard Florida high school diploma or its
  733  equivalent pursuant to s. 1002.3105, s. 1003.4281, s. 1003.4282,
  734  or s. 1003.435 unless:
  735         a.1. The student completes a home education program
  736  according to s. 1002.41; or
  737         b.2. The student earns a high school diploma from a non
  738  Florida school while living with a parent who is on military or
  739  public service assignment out of this state;
  740         2.(c) Be accepted by and enroll in a Florida public or
  741  independent postsecondary educational institution that is
  742  regionally accredited; and
  743         3.(d) Be enrolled full-time in a baccalaureate degree
  744  program at an eligible regionally accredited Florida public or
  745  independent postsecondary educational institution during the
  746  fall academic term following high school graduation.
  747         (b)A student who initially enrolls in a baccalaureate
  748  degree program in the 2018-2019 academic year or later and who
  749  is not a resident of this state, as determined in s. 1009.40 and
  750  rules of the State Board of Education, must:
  751         1.Physically reside in this state on or near the campus of
  752  the postsecondary educational institution in which the student
  753  is enrolled;
  754         2. Earn a high school diploma from a school outside Florida
  755  which is comparable to a standard Florida high school diploma or
  756  its equivalent pursuant to s. 1002.3105, s. 1003.4281, s.
  757  1003.4282, or s. 1003.435 or must complete a home education
  758  program in another state; and
  759         3. Be accepted by and enrolled full-time in a baccalaureate
  760  degree program at an eligible regionally accredited Florida
  761  public or independent postsecondary educational institution
  762  during the fall academic term following high school graduation.
  763         (5)(a)1. An eligible student who meets the requirements of
  764  paragraph (4)(a), who is a National Merit Scholar or National
  765  Achievement Scholar, and who attends a Florida public
  766  postsecondary educational institution shall receive a
  767  scholarship award equal to the institutional cost of attendance
  768  minus the sum of the student’s Florida Bright Futures
  769  Scholarship and National Merit Scholarship or National
  770  Achievement Scholarship.
  771         2. An eligible student who meets the requirements under
  772  paragraph (4)(b), who is a National Merit Scholar, and who
  773  attends a Florida public postsecondary educational institution
  774  shall receive a scholarship award equal to the institutional
  775  cost of attendance for a resident of this state minus the
  776  student’s National Merit Scholarship. Such student is exempt
  777  from the payment of out-of-state fees.
  778         (b) An eligible student who is a National Merit Scholar or
  779  National Achievement Scholar and who attends a Florida
  780  independent postsecondary educational institution shall receive
  781  a scholarship award equal to the highest cost of attendance for
  782  a resident of this state enrolled at a Florida public
  783  university, as reported by the Board of Governors of the State
  784  University System, minus the sum of the student’s Florida Bright
  785  Futures Scholarship and National Merit Scholarship or National
  786  Achievement Scholarship.
  787         Section 17. Section 1009.894, Florida Statutes, is created
  788  to read:
  789         1009.894 Florida Farmworker Student Scholarship Program.
  790  The Legislature recognizes the vital contribution of farmworkers
  791  to the economy of this state. The Florida Farmworker Student
  792  Scholarship Program is created to provide scholarships for
  793  farmworkers, as defined in s. 420.503, and the children of such
  794  farmworkers.
  795         (1) The Department of Education shall administer the
  796  Florida Farmworker Student Scholarship Program according to
  797  rules and procedures established by the State Board of
  798  Education. Beginning in the 2017-2018 academic year, up to 50
  799  scholarships shall be awarded annually according to the criteria
  800  established in subsection (2) and contingent upon an
  801  appropriation in the General Appropriations Act.
  802         (2)(a) To be eligible for an initial scholarship, a student
  803  must, at a minimum:
  804         1. Have a resident status as required by s. 1009.40 and
  805  rules of the State Board of Education;
  806         2.Earn a minimum cumulative weighted grade point average
  807  of 3.5 for all high school courses creditable toward a diploma;
  808         3.Complete a minimum of 30 hours of community service; and
  809         4.Have at least a 90 percent attendance rate and not have
  810  had any disciplinary action brought against him or her, as
  811  documented on the student’s high school transcript.
  812  
  813  For purposes of this section, students who are undocumented for
  814  federal immigration purposes are not eligible for an award.
  815         (b) The department shall rank eligible initial applicants
  816  for the purposes of awarding scholarships based on need, as
  817  determined by the department.
  818         (c) To renew a scholarship awarded pursuant to this
  819  section, a student must maintain at least a cumulative grade
  820  point average of 2.5 or higher on a 4.0 scale for college
  821  coursework.
  822         (3) A scholarship recipient must enroll in a minimum of 12
  823  credit hours per term, or the equivalent, at a public
  824  postsecondary educational institution in this state to receive
  825  funding.
  826         (4) A scholarship recipient may receive an award for a
  827  maximum of 100 percent of the number of credit hours required to
  828  complete an associate or baccalaureate degree program or receive
  829  an award for a maximum of 100 percent of the credit hours or
  830  clock hours required to complete up to 90 credit hours of a
  831  program that terminates in a career certificate. The scholarship
  832  recipient is eligible for an award equal to the amount required
  833  to pay the tuition and fees established under ss. 1009.22(3),
  834  (5), (6), and (7); 1009.23(3), (4), (7), (8), (10), and (11);
  835  and 1009.24(4), (7)-(13), (14)(r), and (16), as applicable, at a
  836  public postsecondary educational institution in this state.
  837  Renewal scholarship awards must take precedence over new
  838  scholarship awards in a year in which funds are not sufficient
  839  to accommodate both initial and renewal awards. The scholarship
  840  must be prorated for any such year.
  841         (5)Subject to appropriation in the General Appropriations
  842  Act, the department shall annually issue awards from the
  843  scholarship program. Before the registration period each
  844  semester, the department shall transmit payment for each award
  845  to the president or director of the postsecondary educational
  846  institution, or his or her representative. However, the
  847  department may withhold payment if the receiving institution
  848  fails to submit the following reports or make the following
  849  refunds to the department:
  850         (a) Each institution shall certify to the department the
  851  eligibility status of each student to receive a disbursement
  852  within 30 days before the end of its regular registration
  853  period, inclusive of a drop and add period. An institution is
  854  not required to reevaluate the student eligibility after the end
  855  of the drop and add period.
  856         (b) An institution that receives funds from the scholarship
  857  program must certify to the department the amount of funds
  858  disbursed to each student and remit to the department any
  859  undisbursed advance within 60 days after the end of the regular
  860  registration period.
  861         (6) The department shall allocate funds to the appropriate
  862  institutions and collect and maintain data regarding the
  863  scholarship program within the student financial assistance
  864  database as specified in s. 1009.94.
  865         (7) Funding for this program shall be as provided in the
  866  General Appropriations Act.
  867         Section 18. Present paragraphs (e) and (f) of subsection
  868  (10) of section 1009.98, Florida Statutes, are redesignated as
  869  paragraphs (f) and (g), respectively, and a new paragraph (e) is
  870  added to that subsection, to read:
  871         1009.98 Stanley G. Tate Florida Prepaid College Program.—
  872         (10) PAYMENTS ON BEHALF OF QUALIFIED BENEFICIARIES.—
  873         (e) Notwithstanding the number of credit hours used by a
  874  state university to assess the amount for registration fees,
  875  tuition, tuition differential, or local fees, the amount paid by
  876  the board to any state university on behalf of a qualified
  877  beneficiary of an advance payment contract purchased before July
  878  1, 2024, may not exceed the number of credit hours taken by that
  879  qualified beneficiary at the state university.
  880         Section 19. The provisions of this act creating ss.
  881  1004.6497, 1004.6498, and 1009.894, Florida Statutes, and the
  882  provisions amending ss. 1009.22, 1009.23, 1009.24, 1009.53, and
  883  1009.534(2), Florida Statutes, apply retroactively to July 1,
  884  2017.
  885         Section 20. The Division of Law Revision and Information is
  886  directed to substitute the term “Effective Access to Student
  887  Education Grant Program” for “Florida Resident Access Grant
  888  Program” and the term “Effective Access to Student Education
  889  grant” for “Florida resident access grant” wherever those terms
  890  appear in the Florida Statutes.
  891         Section 21. This act shall take effect upon becoming a law.