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.