CS for SB 4                                First Engrossed (ntc)
       
       
       
       
       
       
       
       
       20184e1
       
    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; specifying funding as provided by the
    9         Legislature; deleting the authority for such
   10         universities to stipulate a special course requirement
   11         for incoming students; requiring the Board of
   12         Governors to establish certain standards by a
   13         specified date; amending s. 1001.92, F.S.; requiring
   14         certain performance-based metrics to include specified
   15         graduation rates and access benchmarks; specifying
   16         funding as provided by the Legislature; amending s.
   17         1004.28, F.S.; directing a state university board of
   18         trustees to limit the services, activities, and
   19         expenses of its direct-support organizations;
   20         requiring the chair of the board of trustees to
   21         appoint at least one representative to the board of
   22         directors and executive committee of a university
   23         direct-support organization; requiring the disclosure
   24         of certain financial documents; creating s. 1004.6497,
   25         F.S.; establishing the World Class Faculty and Scholar
   26         Program; providing the purpose and intent; authorizing
   27         state university investments in certain faculty
   28         retention, recruitment, and recognition activities;
   29         specifying funding as provided by the Legislature;
   30         requiring an annual report to the Governor and the
   31         Legislature by a specified date; creating s.
   32         1004.6498, F.S.; establishing the State University
   33         Professional and Graduate Degree Excellence Program;
   34         providing the purpose; listing the quality improvement
   35         efforts that may be used to elevate the prominence of
   36         state university medicine, law, and graduate-level
   37         business programs; specifying funding as provided by
   38         the Legislature; requiring an annual report to the
   39         Governor and the Legislature by a specified date;
   40         amending s. 1008.30, F.S.; authorizing certain state
   41         universities to continue to provide developmental
   42         education instruction; amending s. 1009.22, F.S.;
   43         removing the prohibition on the inclusion of a
   44         technology fee in the funds for the Florida Bright
   45         Futures Scholarship Program award; amending s.
   46         1009.23, F.S.; removing the prohibition on the
   47         inclusion of a technology fee in the funds for the
   48         Florida Bright Futures Scholarship Program award;
   49         amending s. 1009.24, F.S.; removing the prohibition on
   50         the inclusion of a technology fee and a tuition
   51         differential fee in the funds for the Florida Bright
   52         Futures Scholarship Program award; requiring each
   53         state university board of trustees to implement a
   54         block tuition policy for specified undergraduate
   55         students beginning in a specified academic semester;
   56         requiring the Chancellor of the State University
   57         System to submit a report to the Governor and the
   58         Legislature by a specified date; amending s. 1009.53,
   59         F.S.; authorizing students to use certain Florida
   60         Bright Futures Scholarship Program awards for summer
   61         term enrollment beginning in specified years;
   62         specifying funding as provided by the Legislature;
   63         amending s. 1009.534, F.S.; specifying Florida
   64         Academic Scholars award amounts to cover tuition,
   65         fees, textbooks, and other educational expenses;
   66         amending s. 1009.535, F.S.; specifying Florida
   67         Medallion Scholars award amounts to cover specified
   68         tuition and fees; amending s. 1009.701, F.S.; revising
   69         the state-to-private match requirement for
   70         contributions to the First Generation Matching Grant
   71         Program beginning in a specified fiscal year;
   72         extending the program to include Florida College
   73         System institution students; amending s. 1009.893,
   74         F.S.; extending coverage of the Benacquisto
   75         Scholarship Program to include tuition and fees for
   76         qualified nonresident students; creating s. 1009.894,
   77         F.S.; creating the Florida Farmworker Student
   78         Scholarship Program; providing a purpose; requiring
   79         the Department of Education to administer the
   80         scholarship program; providing student eligibility
   81         criteria; specifying award amounts and distributions;
   82         amending s. 1009.98, F.S.; providing that certain
   83         payments from the Florida Prepaid College Board to a
   84         state university on behalf of a qualified beneficiary
   85         may not exceed a specified amount; providing for
   86         retroactive application; providing a directive to the
   87         Division of Law Revision and Information; providing
   88         appropriations; providing an effective date.
   89          
   90  Be It Enacted by the Legislature of the State of Florida:
   91  
   92         Section 1. This act shall be cited as the “Florida
   93  Excellence in Higher Education Act of 2018.”
   94         Section 2. Paragraph (b) of subsection (5) of section
   95  1001.706, Florida Statutes, is amended to read:
   96         1001.706 Powers and duties of the Board of Governors.—
   97         (5) POWERS AND DUTIES RELATING TO ACCOUNTABILITY.—
   98         (b) The Board of Governors shall develop a strategic plan
   99  specifying goals and objectives for the State University System
  100  and each constituent university, including each university’s
  101  contribution to overall system goals and objectives. The
  102  strategic plan must:
  103         1. Include performance metrics and standards common for all
  104  institutions and metrics and standards unique to institutions
  105  depending on institutional core missions, including, but not
  106  limited to, student admission requirements, retention,
  107  graduation, percentage of graduates who have attained
  108  employment, percentage of graduates enrolled in continued
  109  education, licensure passage, average wages of employed
  110  graduates, average cost per graduate, excess hours, student loan
  111  burden and default rates, faculty awards, total annual research
  112  expenditures, patents, licenses and royalties, intellectual
  113  property, startup companies, annual giving, endowments, and
  114  well-known, highly respected national rankings for institutional
  115  and program achievements.
  116         2. Consider reports and recommendations of the Higher
  117  Education Coordinating Council pursuant to s. 1004.015 and the
  118  Articulation Coordinating Committee pursuant to s. 1007.01.
  119         3. Include student enrollment and performance data
  120  delineated by method of instruction, including, but not limited
  121  to, traditional, online, and distance learning instruction.
  122         4. Include criteria for designating baccalaureate degree
  123  and master’s degree programs at specified universities as high
  124  demand programs of emphasis. Fifty percent of the criteria for
  125  designation as high-demand programs of emphasis must be based on
  126  achievement of performance outcome thresholds determined by the
  127  Board of Governors, and 50 percent of the criteria must be based
  128  on achievement of performance outcome thresholds specifically
  129  linked to:
  130         a. Job placement in employment of 36 hours or more per week
  131  and average full-time wages of graduates of the degree programs
  132  1 year and 5 years after graduation, based in part on data
  133  provided in the economic security report of employment and
  134  earning outcomes produced annually pursuant to s. 445.07.
  135         b. Data-driven gap analyses, conducted by the Board of
  136  Governors, of the state’s job market demands and the outlook for
  137  jobs that require a baccalaureate or higher degree. Each state
  138  university must use the gap analyses to identify internship
  139  opportunities for students to benefit from mentorship by
  140  industry experts, earn industry certifications, and become
  141  employed in high-demand fields.
  142         Section 3. Paragraph (d) of subsection (2), paragraph (c)
  143  of subsection (5), and subsections (6), (7), and (8) of section
  144  1001.7065, Florida Statutes, are amended to read:
  145         1001.7065 Preeminent state research universities program.—
  146         (2) ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—The
  147  following academic and research excellence standards are
  148  established for the preeminent state research universities
  149  program:
  150         (d) A 4-year graduation rate of 60 percent or higher for
  151  full-time, first-time-in-college students, as reported annually
  152  to the IPEDS. However, for the 2018 determination of a state
  153  university’s preeminence designation and the related
  154  distribution of the 2018-2019 fiscal year appropriation
  155  associated with preeminence and emerging preeminence, a
  156  university is considered to have satisfied this graduation rate
  157  measure by attaining a 6-year graduation rate of 70 percent or
  158  higher by October 1, 2017, for full-time, first-time-in-college
  159  students, as reported annually to the IPEDS and confirmed by the
  160  Board of Governors.
  161         (5) PREEMINENT STATE RESEARCH UNIVERSITIES PROGRAM
  162  SUPPORT.—
  163         (c) The award of funds under this subsection is contingent
  164  upon funding provided by the Legislature in the General
  165  Appropriations Act to support the preeminent state research
  166  universities program created under this section. Funding
  167  increases appropriated beyond the amounts funded in the previous
  168  fiscal year shall be distributed as follows:
  169         1. Each designated preeminent state research university
  170  that meets the criteria in paragraph (a) shall receive an equal
  171  amount of funding.
  172         2. Each designated emerging preeminent state research
  173  university that meets the criteria in paragraph (b) shall,
  174  beginning in the 2018-2019 fiscal year, receive an amount of
  175  funding that is equal to one-fourth one-half of the total
  176  increased amount awarded to each designated preeminent state
  177  research university.
  178         (6) PREEMINENT STATE RESEARCH UNIVERSITY SPECIAL COURSE
  179  REQUIREMENT AUTHORITY.—In order to provide a jointly shared
  180  educational experience, a university that is designated a
  181  preeminent state research university may require its incoming
  182  first-time-in-college students to take a six-credit set of
  183  unique courses specifically determined by the university and
  184  published on the university’s website. The university may
  185  stipulate that credit for such courses may not be earned through
  186  any acceleration mechanism pursuant to s. 1007.27 or s. 1007.271
  187  or any other transfer credit. All accelerated credits earned up
  188  to the limits specified in ss. 1007.27 and 1007.271 shall be
  189  applied toward graduation at the student’s request.
  190         (6)(7) PREEMINENT STATE RESEARCH UNIVERSITY FLEXIBILITY
  191  AUTHORITY.—The Board of Governors is encouraged to identify and
  192  grant all reasonable, feasible authority and flexibility to
  193  ensure that each designated preeminent state research university
  194  and each designated emerging preeminent state research
  195  university is free from unnecessary restrictions.
  196         (7)(8) PROGRAMS OF EXCELLENCE THROUGHOUT THE STATE
  197  UNIVERSITY SYSTEM.—The Board of Governors shall is encouraged to
  198  establish standards and measures whereby individual
  199  undergraduate, graduate, and professional degree programs in
  200  state universities which that objectively reflect national
  201  excellence can be identified and make recommendations to the
  202  Legislature by September 1, 2018, as to how any such programs
  203  could be enhanced and promoted.
  204         Section 4. Subsections (1), (2), and (4) of section
  205  1001.92, Florida Statutes, are amended to read:
  206         1001.92 State University System Performance-Based
  207  Incentive.—
  208         (1) A State University System Performance-Based Incentive
  209  shall be awarded to state universities using performance-based
  210  metrics adopted by the Board of Governors of the State
  211  University System. Beginning with the Board of Governors’
  212  determination of each university’s performance improvement and
  213  achievement ratings for 2018, and the related distribution of
  214  the 2018-2019 fiscal year appropriation, the performance-based
  215  metrics must include 4-year graduation rates; retention rates;
  216  postgraduation education rates; degree production;
  217  affordability; postgraduation employment and salaries, including
  218  wage thresholds that reflect the added value of a baccalaureate
  219  degree; access rate, based on the percentage of undergraduate
  220  students enrolled during the fall term who received a Pell Grant
  221  during the fall term; and other metrics approved by the board in
  222  a formally noticed meeting. The board shall adopt benchmarks to
  223  evaluate each state university’s performance on the metrics to
  224  measure the state university’s achievement of institutional
  225  excellence or need for improvement and minimum requirements for
  226  eligibility to receive performance funding. Access rate
  227  benchmarks must be differentiated and scored to reflect the
  228  varying access rate levels among the state universities;
  229  however, the scoring system may not include bonus points.
  230         (2) Each fiscal year, the amount of funds available for
  231  allocation to the state universities based on the performance
  232  based funding model shall consist of the state’s investment in
  233  performance funding plus institutional investments consisting of
  234  funds deducted from the base funding of each state university in
  235  the State University System in an amount provided by the
  236  Legislature in the General Appropriations Act. The Board of
  237  Governors shall establish minimum performance funding
  238  eligibility thresholds for the state’s investment and the
  239  institutional investments. A state university that meets the
  240  minimum institutional investment eligibility threshold, but
  241  fails to meet the minimum state investment eligibility
  242  threshold, shall have its institutional investment restored but
  243  is ineligible for a share of the state’s investment in
  244  performance funding. The institutional investment shall be
  245  restored for each institution eligible for the state’s
  246  investment under the performance-based funding model.
  247         (4) Distributions of performance funding, as provided in
  248  this section, shall be made by the Legislature to each of the
  249  state universities listed in the Education and General
  250  Activities category in the General Appropriations Act.
  251         Section 5. Subsections (2), (3), and (4) and paragraph (b)
  252  of subsection (5) of section 1004.28, Florida Statutes, are
  253  amended to read:
  254         1004.28 Direct-support organizations; use of property;
  255  board of directors; activities; audit; facilities.—
  256         (2) USE OF PROPERTY.—
  257         (a) Each state university board of trustees is authorized
  258  to permit the use of property, facilities, and personal services
  259  at any state university by any university direct-support
  260  organization, and, subject to the provisions of this section,
  261  direct-support organizations may establish accounts with the
  262  State Board of Administration for investment of funds pursuant
  263  to part IV of chapter 218. Beginning July 1, 2023, a state
  264  university board of trustees may not permit any university
  265  direct-support organization to use personal services.
  266         (b) The board of trustees, in accordance with regulations
  267  rules and guidelines of the Board of Governors, shall prescribe
  268  by regulation rule conditions with which a university direct
  269  support organization must comply in order to use property,
  270  facilities, or personal services at any state university. Such
  271  regulations rules shall provide for budget and audit review and
  272  oversight by the board of trustees.
  273         (c) The board of trustees shall not permit the use of
  274  property, facilities, or personal services at any state
  275  university by any university direct-support organization that
  276  does not provide equal employment opportunities to all persons
  277  regardless of race, color, religion, gender, age, or national
  278  origin.
  279         (d) The board of trustees may not permit the use of state
  280  funds for travel expenses by any university direct-support
  281  organization.
  282         (3) BOARD OF DIRECTORS.—The chair of the university board
  283  of trustees shall may appoint at least one a representative to
  284  the board of directors and the executive committee of any
  285  direct-support organization established under this section. The
  286  president of the university for which the direct-support
  287  organization is established, or his or her designee, shall also
  288  serve on the board of directors and the executive committee of
  289  any direct-support organization established to benefit that
  290  university.
  291         (4) ACTIVITIES; RESTRICTION.—A university direct-support
  292  organization is prohibited from giving, either directly or
  293  indirectly, any gift to a political committee as defined in s.
  294  106.011 for any purpose other than those certified by a majority
  295  roll call vote of the governing board of the direct-support
  296  organization at a regularly scheduled meeting as being directly
  297  related to the educational mission of the university.
  298         (5) ANNUAL AUDIT; PUBLIC RECORDS EXEMPTION; PUBLIC MEETINGS
  299  EXEMPTION.—
  300         (b) All records of the organization other than the
  301  auditor’s report, management letter, any records related to the
  302  expenditure of state funds, any records related to the
  303  expenditure of private funds for travel, and any supplemental
  304  data requested by the Board of Governors, the university board
  305  of trustees, the Auditor General, and the Office of Program
  306  Policy Analysis and Government Accountability shall be
  307  confidential and exempt from s. 119.07(1).
  308         Section 6. Section 1004.6497, Florida Statutes, is created
  309  to read:
  310         1004.6497 World Class Faculty and Scholar Program.—
  311         (1) PURPOSE AND LEGISLATIVE INTENT.—The World Class Faculty
  312  and Scholar Program is established to fund, beginning in the
  313  2017-2018 fiscal year, and support the efforts of state
  314  universities to recruit and retain exemplary faculty and
  315  research scholars. It is the intent of the Legislature to
  316  elevate the national competitiveness of Florida’s state
  317  universities through faculty and scholar recruitment and
  318  retention.
  319         (2) INVESTMENTS.—Retention, recruitment, and recognition
  320  efforts, activities, and investments may include, but are not
  321  limited to, investments in research-centric cluster hires,
  322  faculty research and research commercialization efforts,
  323  instructional and research infrastructure, undergraduate student
  324  participation in research, professional development, awards for
  325  outstanding performance, and postdoctoral fellowships.
  326         (3) FUNDING AND USE.—Funding for the program shall be as
  327  provided by the Legislature. Each state university shall use the
  328  funds only for the purpose and investments authorized under this
  329  section. These funds may not be used to construct buildings.
  330         (4)ACCOUNTABILITY.—By March 15 of each year, the Board of
  331  Governors shall provide to the Governor, the President of the
  332  Senate, and the Speaker of the House of Representatives a report
  333  summarizing information from the universities in the State
  334  University System, including, but not limited to:
  335         (a)Specific expenditure information as it relates to the
  336  investments identified in subsection (2).
  337         (b)The impact of those investments in elevating the
  338  national competitiveness of the universities, specifically
  339  relating to:
  340         1. The success in recruiting research faculty and the
  341  resulting research funding;
  342         2. The 4-year graduation rate for undergraduate students;
  343         3. The number of undergraduate courses offered with fewer
  344  than 50 students; and
  345         4. The increase in national academic standing of targeted
  346  programs, specifically advancement in ranking of the targeted
  347  programs among top 50 universities in well-known and highly
  348  respected national public university rankings, including, but
  349  not limited to, the U.S. News and World Report rankings, which
  350  reflect national preeminence, using the most recent rankings.
  351         Section 7. Section 1004.6498, Florida Statutes, is created
  352  to read:
  353         1004.6498 State University Professional and Graduate Degree
  354  Excellence Program.—
  355         (1) PURPOSE.—The State University Professional and Graduate
  356  Degree Excellence Program is established to fund, beginning in
  357  the 2017-2018 fiscal year, and support the efforts of state
  358  universities to enhance the quality and excellence of
  359  professional and graduate schools and degree programs in
  360  medicine, law, and business and expand the economic impact of
  361  state universities.
  362         (2) INVESTMENTS.—Quality improvement efforts may include,
  363  but are not limited to, targeted investments in faculty,
  364  students, research, infrastructure, and other strategic
  365  endeavors to elevate the national and global prominence of state
  366  university medicine, law, and graduate-level business programs.
  367         (3) FUNDING AND USE.—Funding for the program shall be as
  368  provided by the Legislature. Each state university shall use the
  369  funds only for the purpose and investments authorized under this
  370  section. These funds may not be used to construct buildings.
  371         (4)ACCOUNTABILITY.—By March 15 of each year, the Board of
  372  Governors shall provide to the Governor, the President of the
  373  Senate, and the Speaker of the House of Representatives a report
  374  summarizing information from the universities in the State
  375  University System, including, but not limited to:
  376         (a)Specific expenditure information as it relates to the
  377  investments identified in subsection (2).
  378         (b)The impact of those investments in elevating the
  379  national and global prominence of the state university medicine,
  380  law, and graduate-level business programs, specifically relating
  381  to:
  382         1. The first-time pass rate on the United States Medical
  383  Licensing Examination;
  384         2. The first-time pass rate on The Florida Bar Examination;
  385         3. The percentage of graduates enrolled or employed at a
  386  wage threshold that reflects the added value of a graduate-level
  387  business degree;
  388         4. The advancement in the rankings of the state university
  389  medicine, law, and graduate-level programs in well-known and
  390  highly respected national graduate-level university rankings,
  391  including, but not limited to, the U.S. News and World Report
  392  rankings, which reflect national preeminence, using the most
  393  recent rankings; and
  394         5. The added economic benefit of the universities to the
  395  state.
  396         Section 8. Paragraph (c) of subsection (5) of section
  397  1008.30, Florida Statutes, is amended to read:
  398         1008.30 Common placement testing for public postsecondary
  399  education.—
  400         (5)
  401         (c) A university board of trustees may contract with a
  402  Florida College System institution board of trustees for the
  403  Florida College System institution to provide developmental
  404  education on the state university campus. Any state university
  405  in which the percentage of incoming students requiring
  406  developmental education equals or exceeds the average percentage
  407  of such students for the Florida College System may offer
  408  developmental education without contracting with a Florida
  409  College System institution; however, any state university
  410  offering college-preparatory instruction as of January 1, 1996,
  411  may continue to provide developmental education instruction as
  412  defined in s. 1008.02(1) such services.
  413         Section 9. Subsection (7) of section 1009.22, Florida
  414  Statutes, is amended to read:
  415         1009.22 Workforce education postsecondary student fees.—
  416         (7) Each district school board and Florida College System
  417  institution board of trustees is authorized to establish a
  418  separate fee for technology, not to exceed 5 percent of tuition
  419  per credit hour or credit-hour equivalent for resident students
  420  and not to exceed 5 percent of tuition and the out-of-state fee
  421  per credit hour or credit-hour equivalent for nonresident
  422  students. Revenues generated from the technology fee shall be
  423  used to enhance instructional technology resources for students
  424  and faculty and shall not be included in any award under the
  425  Florida Bright Futures Scholarship Program. Fifty percent of
  426  technology fee revenues may be pledged by a Florida College
  427  System institution board of trustees as a dedicated revenue
  428  source for the repayment of debt, including lease-purchase
  429  agreements, not to exceed the useful life of the asset being
  430  financed. Revenues generated from the technology fee may not be
  431  bonded.
  432         Section 10. Subsection (10) of section 1009.23, Florida
  433  Statutes, is amended to read:
  434         1009.23 Florida College System institution student fees.—
  435         (10) Each Florida College System institution board of
  436  trustees is authorized to establish a separate fee for
  437  technology, which may not exceed 5 percent of tuition per credit
  438  hour or credit-hour equivalent for resident students and may not
  439  exceed 5 percent of tuition and the out-of-state fee per credit
  440  hour or credit-hour equivalent for nonresident students.
  441  Revenues generated from the technology fee shall be used to
  442  enhance instructional technology resources for students and
  443  faculty. The technology fee may apply to both college credit and
  444  developmental education and shall not be included in any award
  445  under the Florida Bright Futures Scholarship Program. Fifty
  446  percent of technology fee revenues may be pledged by a Florida
  447  College System institution board of trustees as a dedicated
  448  revenue source for the repayment of debt, including lease
  449  purchase agreements, not to exceed the useful life of the asset
  450  being financed. Revenues generated from the technology fee may
  451  not be bonded.
  452         Section 11. Subsection (13), paragraph (r) of subsection
  453  (14), paragraphs (a) and (b) of subsection (15), paragraphs (a),
  454  (b), and (e) of subsection (16), and subsection (20) of section
  455  1009.24, Florida Statutes, are amended to read:
  456         1009.24 State university student fees.—
  457         (13) Each university board of trustees may establish a
  458  technology fee of up to 5 percent of the tuition per credit
  459  hour. The revenue from this fee shall be used to enhance
  460  instructional technology resources for students and faculty. The
  461  technology fee may not be included in any award under the
  462  Florida Bright Futures Scholarship Program established pursuant
  463  to ss. 1009.53-1009.538.
  464         (14) Except as otherwise provided in subsection (15), each
  465  university board of trustees is authorized to establish the
  466  following fees:
  467         (r) Traffic and parking fines, charges for parking decals,
  468  and transportation access fees. Only universitywide
  469  transportation access fees may be included in any state
  470  financial assistance award authorized under part III of this
  471  chapter, as specifically authorized by law or the General
  472  Appropriations Act.
  473  
  474  With the exception of housing rental rates and except as
  475  otherwise provided, fees assessed pursuant to paragraphs (h)-(s)
  476  shall be based on reasonable costs of services. The Board of
  477  Governors shall adopt regulations and timetables necessary to
  478  implement the fees and fines authorized under this subsection.
  479  The fees assessed under this subsection may be used for debt
  480  only as authorized under s. 1010.62.
  481         (15)(a) Unless otherwise required, a university board of
  482  trustees may adopt, and the Board of Governors may approve:
  483         1. A proposal from a university board of trustees to
  484  establish a new student fee that is not specifically authorized
  485  by this section.
  486         2. A proposal from a university board of trustees to
  487  increase the current cap for an existing fee authorized pursuant
  488  to paragraphs (14)(a)-(g).
  489         3.a. A proposal from a university board of trustees to
  490  implement flexible tuition policies, such as undergraduate or
  491  graduate block tuition, block tuition differential, or market
  492  tuition rates for graduate-level online courses or graduate
  493  level courses offered through a university’s continuing
  494  education program. A block tuition policy for resident
  495  undergraduate students or undergraduate-level courses must shall
  496  be based on the per-credit-hour undergraduate tuition
  497  established under subsection (4). A block tuition policy for
  498  nonresident undergraduate students must shall be based on the
  499  per-credit-hour undergraduate tuition and out-of-state fee
  500  established under subsection (4). Flexible tuition policies,
  501  including block tuition, may not increase the state’s fiscal
  502  liability or obligation.
  503         b. A block tuition policy, which must be adopted by each
  504  university board of trustees for implementation beginning in the
  505  fall 2018 academic semester. The policy must apply to the
  506  entering freshman class of full-time, first-time-in-college
  507  students and may be extended to include other enrolled students.
  508  The policy must, at a minimum:
  509         (I) Include block tuition and any required fees, including,
  510  but not limited to, tuition differential fees, activity and
  511  service fees, financial aid fees, capital improvement fees,
  512  athletic fees, health fees, and technology fees.
  513         (II) Require the university to maximize the application of
  514  appropriate accelerated credits to minimize unnecessary credits
  515  and excess hours.
  516         (III) Enable students to have the flexibility to earn at
  517  least 30 credits per academic year in any combination of fall,
  518  spring, and summer academic terms or semesters.
  519         (b) A proposal developed pursuant to paragraph (a) shall be
  520  submitted in accordance with the public notification
  521  requirements of subsection (20) and guidelines established by
  522  the Board of Governors. Approval by the Board of Governors of
  523  such proposals proposal must be made in accordance with the
  524  provisions of this subsection. Each state university board of
  525  trustees must, by April 1, 2018, submit to the Board of
  526  Governors its board-approved block tuition policy, adopted
  527  pursuant to subparagraph (a)3., along with information on the
  528  potential impact of the policy on students. By August 1, 2018,
  529  the Chancellor of the State University System must submit to the
  530  Governor, the President of the Senate, and the Speaker of the
  531  House of Representatives a summary report of such policies, the
  532  status of the board’s review and approval of such policies, and
  533  the board’s recommendations for improving block tuition and fee
  534  benefits for students.
  535         (16) Each university board of trustees may establish a
  536  tuition differential for undergraduate courses upon receipt of
  537  approval from the Board of Governors. However, beginning July 1,
  538  2014, the Board of Governors may only approve the establishment
  539  of or an increase in tuition differential for a state research
  540  university designated as a preeminent state research university
  541  pursuant to s. 1001.7065(3). The tuition differential shall
  542  promote improvements in the quality of undergraduate education
  543  and shall provide financial aid to undergraduate students who
  544  exhibit financial need.
  545         (a) Seventy percent of the revenues from the tuition
  546  differential shall be expended for purposes of undergraduate
  547  education. Such expenditures may include, but are not limited
  548  to, increasing course offerings, improving graduation rates,
  549  increasing the percentage of undergraduate students who are
  550  taught by faculty, decreasing student-faculty ratios, providing
  551  salary increases for faculty who have a history of excellent
  552  teaching in undergraduate courses, improving the efficiency of
  553  the delivery of undergraduate education through academic
  554  advisement and counseling, and reducing the percentage of
  555  students who graduate with excess hours. This expenditure for
  556  undergraduate education may not be used to pay the salaries of
  557  graduate teaching assistants. Except as otherwise provided in
  558  this subsection, the remaining 30 percent of the revenues from
  559  the tuition differential, or the equivalent amount of revenue
  560  from private sources, shall be expended to provide financial aid
  561  to undergraduate students who exhibit financial need, including
  562  students who are scholarship recipients under s. 1009.984, to
  563  meet the cost of university attendance. This expenditure for
  564  need-based financial aid shall not supplant the amount of need
  565  based aid provided to undergraduate students in the preceding
  566  fiscal year from financial aid fee revenues, the direct
  567  appropriation for financial assistance provided to state
  568  universities in the General Appropriations Act, or from private
  569  sources. The total amount of tuition differential waived under
  570  subparagraph (b)7. (b)8. may be included in calculating the
  571  expenditures for need-based financial aid to undergraduate
  572  students required by this subsection. If the entire tuition and
  573  fee costs of resident students who have applied for and received
  574  Pell Grant funds have been met and the university has excess
  575  funds remaining from the 30 percent of the revenues from the
  576  tuition differential required to be used to assist students who
  577  exhibit financial need, the university may expend the excess
  578  portion in the same manner as required for the other 70 percent
  579  of the tuition differential revenues.
  580         (b) Each tuition differential is subject to the following
  581  conditions:
  582         1. The tuition differential may be assessed on one or more
  583  undergraduate courses or on all undergraduate courses at a state
  584  university.
  585         2. The tuition differential may vary by course or courses,
  586  by campus or center location, and by institution. Each
  587  university board of trustees shall strive to maintain and
  588  increase enrollment in degree programs related to math, science,
  589  high technology, and other state or regional high-need fields
  590  when establishing tuition differentials by course.
  591         3. For each state university that is designated as a
  592  preeminent state research university by the Board of Governors,
  593  pursuant to s. 1001.7065, the aggregate sum of tuition and the
  594  tuition differential may be increased by no more than 6 percent
  595  of the total charged for the aggregate sum of these fees in the
  596  preceding fiscal year. The tuition differential may be increased
  597  if the university meets or exceeds performance standard targets
  598  for that university established annually by the Board of
  599  Governors for the following performance standards, amounting to
  600  no more than a 2-percent increase in the tuition differential
  601  for each performance standard:
  602         a. An increase in the 4-year 6-year graduation rate for
  603  full-time, first-time-in-college students, as reported annually
  604  to the Integrated Postsecondary Education Data System.
  605         b. An increase in the total annual research expenditures.
  606         c. An increase in the total patents awarded by the United
  607  States Patent and Trademark Office for the most recent years.
  608         4. The aggregate sum of undergraduate tuition and fees per
  609  credit hour, including the tuition differential, may not exceed
  610  the national average of undergraduate tuition and fees at 4-year
  611  degree-granting public postsecondary educational institutions.
  612         5. The tuition differential shall not be included in any
  613  award under the Florida Bright Futures Scholarship Program
  614  established pursuant to ss. 1009.53-1009.538.
  615         5.6. Beneficiaries having prepaid tuition contracts
  616  pursuant to s. 1009.98(2)(b) which were in effect on July 1,
  617  2007, and which remain in effect, are exempt from the payment of
  618  the tuition differential.
  619         6.7. The tuition differential may not be charged to any
  620  student who was in attendance at the university before July 1,
  621  2007, and who maintains continuous enrollment.
  622         7.8. The tuition differential may be waived by the
  623  university for students who meet the eligibility requirements
  624  for the Florida public student assistance grant established in
  625  s. 1009.50.
  626         8.9. Subject to approval by the Board of Governors, the
  627  tuition differential authorized pursuant to this subsection may
  628  take effect with the 2009 fall term.
  629         (e) The Board of Governors shall submit a report to the
  630  President of the Senate, the Speaker of the House of
  631  Representatives, and the Governor describing the implementation
  632  of the provisions of this subsection no later than February 1 of
  633  each year. The report shall summarize proposals received by the
  634  board during the preceding fiscal year and actions taken by the
  635  board in response to such proposals. In addition, the report
  636  shall provide the following information for each university that
  637  has been approved by the board to assess a tuition differential:
  638         1. The course or courses for which the tuition differential
  639  was assessed and the amount assessed.
  640         2. The total revenues generated by the tuition
  641  differential.
  642         3. With respect to waivers authorized under subparagraph
  643  (b)7. (b)8., the number of students eligible for a waiver, the
  644  number of students receiving a waiver, and the value of waivers
  645  provided.
  646         4. Detailed expenditures of the revenues generated by the
  647  tuition differential.
  648         5. Changes in retention rates, graduation rates, the
  649  percentage of students graduating with more than 110 percent of
  650  the hours required for graduation, pass rates on licensure
  651  examinations, the number of undergraduate course offerings, the
  652  percentage of undergraduate students who are taught by faculty,
  653  student-faculty ratios, and the average salaries of faculty who
  654  teach undergraduate courses.
  655         (20) Each state university shall publicly notice and notify
  656  all enrolled students of any proposal to change increase tuition
  657  or fees at least 28 days before its consideration at a board of
  658  trustees meeting. The notice must:
  659         (a) Include the date and time of the meeting at which the
  660  proposal will be considered.
  661         (b) Specifically outline the details of existing tuition
  662  and fees, the rationale for the proposed change increase, and
  663  how the funds from the proposed change increase will be used.
  664         (c) Be posted on the university’s website and issued in a
  665  press release.
  666         Section 12. Subsection (9) of section 1009.53, Florida
  667  Statutes, is amended to read:
  668         1009.53 Florida Bright Futures Scholarship Program.—
  669         (9) A student may use a Florida Academic Scholars an award
  670  for summer term enrollment beginning in the 2018 summer term, as
  671  funded by the Legislature. A student may use a Florida Medallion
  672  Scholars award for summer term enrollment beginning in the 2019
  673  summer term, as funded by the Legislature. A student may use
  674  other Florida Bright Futures Scholarship Program awards for
  675  summer term enrollment, if funded by the Legislature if funds
  676  are available.
  677         Section 13. Subsection (2) of section 1009.534, Florida
  678  Statutes, is amended to read:
  679         1009.534 Florida Academic Scholars award.—
  680         (2) A Florida Academic Scholar who is enrolled in a
  681  certificate, diploma, associate, or baccalaureate degree program
  682  at a public or nonpublic postsecondary education institution is
  683  eligible, beginning in the 2017-2018 academic year, for an award
  684  equal to the amount necessary to pay 100 percent of tuition and
  685  fees established under ss. 1009.22(3), (5), (6), and (7);
  686  1009.23(3), (4), (7), (8), (10), and (11); and 1009.24(4), (7)
  687  (13), (14)(r), and (16), as applicable, and is eligible for an
  688  additional $300 each fall and spring academic semester or the
  689  equivalent for textbooks, specified in the General
  690  Appropriations Act to assist with the payment of educational
  691  expenses.
  692         Section 14. Subsection (2) of section 1009.535, Florida
  693  Statutes, is amended to read:
  694         1009.535 Florida Medallion Scholars award.—
  695         (2) A Florida Medallion Scholar who is enrolled in a
  696  certificate, diploma, associate, or baccalaureate degree program
  697  at a public or nonpublic postsecondary education institution is
  698  eligible, beginning in the fall 2018 semester, for an award
  699  equal to the amount necessary to pay 75 percent of tuition and
  700  fees established under ss. 1009.22(3), (5), (6), and (7);
  701  1009.23(3), (4), (7), (8), (10), and (11); and 1009.24(4), (7)
  702  (13), (14)(r), and (16), as applicable specified in the General
  703  Appropriations Act to assist with the payment of educational
  704  expenses.
  705         Section 15. Subsections (1), (2), and (4) and paragraph (c)
  706  of subsection (5) of section 1009.701, Florida Statutes, are
  707  amended to read:
  708         1009.701 First Generation Matching Grant Program.—
  709         (1) The First Generation Matching Grant Program is created
  710  to enable each state university and Florida College System
  711  institution to provide donors with a matching grant incentive
  712  for contributions that will create grant-based student financial
  713  aid for undergraduate students who demonstrate financial need
  714  and whose parents, as defined in s. 1009.21(1), have not earned
  715  a baccalaureate degree. In the case of any individual who
  716  regularly resided with and received support from only one
  717  parent, an individual whose only such parent did not complete a
  718  baccalaureate degree would also be eligible.
  719         (2) Funds appropriated by the Legislature for the program
  720  shall be allocated by the Office of Student Financial Assistance
  721  to match private contributions on a dollar-for-dollar basis;
  722  however, beginning in the 2018-2019 fiscal year, such funds
  723  shall be allocated at a ratio of $2 of state funds to $1 of
  724  private contributions. Contributions made to a state university
  725  or a Florida College System institution and pledged for the
  726  purposes of this section are eligible for state matching funds
  727  appropriated for this program and are not eligible for any other
  728  state matching grant program. Pledged contributions are not
  729  eligible for matching prior to the actual collection of the
  730  total funds. The Office of Student Financial Assistance shall
  731  reserve a proportionate allocation of the total appropriated
  732  funds for each state university and Florida College System
  733  institution on the basis of full-time equivalent enrollment.
  734  Funds that remain unmatched as of December 1 shall be
  735  reallocated to state universities and colleges that have
  736  remaining unmatched private contributions for the program on the
  737  basis of full-time equivalent enrollment.
  738         (4) Each participating state university and Florida College
  739  System institution shall establish an application process,
  740  determine student eligibility for initial and renewal awards in
  741  conformance with subsection (5), identify the amount awarded to
  742  each recipient, and notify recipients of the amount of their
  743  awards.
  744         (5) In order to be eligible to receive a grant pursuant to
  745  this section, an applicant must:
  746         (c) Be accepted at a state university or Florida College
  747  System institution.
  748         Section 16. Subsections (2), (4), and (5) of section
  749  1009.893, Florida Statutes, are amended to read:
  750         1009.893 Benacquisto Scholarship Program.—
  751         (2) The Benacquisto Scholarship Program is created to
  752  reward a any Florida high school graduate who receives
  753  recognition as a National Merit Scholar or National Achievement
  754  Scholar and who initially enrolls in the 2014-2015 academic year
  755  or, later, in a baccalaureate degree program at an eligible
  756  Florida public or independent postsecondary educational
  757  institution.
  758         (4) In order to be eligible for an award under the
  759  scholarship program, a student must meet the requirements of
  760  paragraph (a) or paragraph (b).:
  761         (a) A student who is a resident of the state, Be a state
  762  resident as determined in s. 1009.40 and rules of the State
  763  Board of Education, must:;
  764         1.(b) Earn a standard Florida high school diploma or its
  765  equivalent pursuant to s. 1002.3105, s. 1003.4281, s. 1003.4282,
  766  or s. 1003.435 unless:
  767         a.1. The student completes a home education program
  768  according to s. 1002.41; or
  769         b.2. The student earns a high school diploma from a non
  770  Florida school while living with a parent who is on military or
  771  public service assignment out of this state;
  772         2.(c) Be accepted by and enroll in a Florida public or
  773  independent postsecondary educational institution that is
  774  regionally accredited; and
  775         3.(d) Be enrolled full-time in a baccalaureate degree
  776  program at an eligible regionally accredited Florida public or
  777  independent postsecondary educational institution during the
  778  fall academic term following high school graduation.
  779         (b)A student who initially enrolls in a baccalaureate
  780  degree program in the 2018-2019 academic year or later and who
  781  is not a resident of this state, as determined in s. 1009.40 and
  782  rules of the State Board of Education, must:
  783         1.Physically reside in this state on or near the campus of
  784  the postsecondary educational institution in which the student
  785  is enrolled;
  786         2. Earn a high school diploma from a school outside Florida
  787  which is comparable to a standard Florida high school diploma or
  788  its equivalent pursuant to s. 1002.3105, s. 1003.4281, s.
  789  1003.4282, or s. 1003.435 or must complete a home education
  790  program in another state; and
  791         3. Be accepted by and enrolled full-time in a baccalaureate
  792  degree program at an eligible regionally accredited Florida
  793  public or independent postsecondary educational institution
  794  during the fall academic term following high school graduation.
  795         (5)(a)1. An eligible student who meets the requirements of
  796  paragraph (4)(a), who is a National Merit Scholar or National
  797  Achievement Scholar, and who attends a Florida public
  798  postsecondary educational institution shall receive a
  799  scholarship award equal to the institutional cost of attendance
  800  minus the sum of the student’s Florida Bright Futures
  801  Scholarship and National Merit Scholarship or National
  802  Achievement Scholarship.
  803         2. An eligible student who meets the requirements under
  804  paragraph (4)(b), who is a National Merit Scholar, and who
  805  attends a Florida public postsecondary educational institution
  806  shall receive a scholarship award equal to the institutional
  807  cost of attendance for a resident of this state minus the
  808  student’s National Merit Scholarship. Such student is exempt
  809  from the payment of out-of-state fees.
  810         (b) An eligible student who is a National Merit Scholar or
  811  National Achievement Scholar and who attends a Florida
  812  independent postsecondary educational institution shall receive
  813  a scholarship award equal to the highest cost of attendance for
  814  a resident of this state enrolled at a Florida public
  815  university, as reported by the Board of Governors of the State
  816  University System, minus the sum of the student’s Florida Bright
  817  Futures Scholarship and National Merit Scholarship or National
  818  Achievement Scholarship.
  819         Section 17. Section 1009.894, Florida Statutes, is created
  820  to read:
  821         1009.894 Florida Farmworker Student Scholarship Program.
  822  The Legislature recognizes the vital contribution of farmworkers
  823  to the economy of this state. The Florida Farmworker Student
  824  Scholarship Program is created to provide scholarships for
  825  farmworkers, as defined in s. 420.503, and the children of such
  826  farmworkers.
  827         (1) The Department of Education shall administer the
  828  Florida Farmworker Student Scholarship Program according to
  829  rules and procedures established by the State Board of
  830  Education. Beginning in the 2017-2018 academic year, up to 50
  831  scholarships shall be awarded annually according to the criteria
  832  established in subsection (2) and contingent upon an
  833  appropriation by the Legislature.
  834         (2)(a) To be eligible for an initial scholarship, a student
  835  must, at a minimum:
  836         1. Have a resident status as required by s. 1009.40 and
  837  rules of the State Board of Education;
  838         2.Earn a minimum cumulative weighted grade point average
  839  of 3.5 for all high school courses creditable toward a diploma;
  840         3.Complete a minimum of 30 hours of community service; and
  841         4.Have at least a 90 percent attendance rate and not have
  842  had any disciplinary action brought against him or her, as
  843  documented on the student’s high school transcript.
  844  
  845  For purposes of this section, students who are undocumented for
  846  federal immigration purposes are not eligible for an award.
  847         (b) The department shall rank eligible initial applicants
  848  for the purposes of awarding scholarships based on need, as
  849  determined by the department.
  850         (c) To renew a scholarship awarded pursuant to this
  851  section, a student must maintain at least a cumulative grade
  852  point average of 2.5 or higher on a 4.0 scale for college
  853  coursework.
  854         (3) A scholarship recipient must enroll in a minimum of 12
  855  credit hours per term, or the equivalent, at a public
  856  postsecondary educational institution in this state to receive
  857  funding.
  858         (4) A scholarship recipient may receive an award for a
  859  maximum of 100 percent of the number of credit hours required to
  860  complete an associate or baccalaureate degree program or receive
  861  an award for a maximum of 100 percent of the credit hours or
  862  clock hours required to complete up to 90 credit hours of a
  863  program that terminates in a career certificate. The scholarship
  864  recipient is eligible for an award equal to the amount required
  865  to pay the tuition and fees established under ss. 1009.22(3),
  866  (5), (6), and (7); 1009.23(3), (4), (7), (8), (10), and (11);
  867  and 1009.24(4), (7)-(13), (14)(r), and (16), as applicable, at a
  868  public postsecondary educational institution in this state.
  869  Renewal scholarship awards must take precedence over new
  870  scholarship awards in a year in which funds are not sufficient
  871  to accommodate both initial and renewal awards. The scholarship
  872  must be prorated for any such year.
  873         (5)Subject to appropriation by the Legislature, the
  874  department shall annually issue awards from the scholarship
  875  program. Before the registration period each semester, the
  876  department shall transmit payment for each award to the
  877  president or director of the postsecondary educational
  878  institution, or his or her representative. However, the
  879  department may withhold payment if the receiving institution
  880  fails to submit the following reports or make the following
  881  refunds to the department:
  882         (a) Each institution shall certify to the department the
  883  eligibility status of each student to receive a disbursement
  884  within 30 days before the end of its regular registration
  885  period, inclusive of a drop and add period. An institution is
  886  not required to reevaluate the student eligibility after the end
  887  of the drop and add period.
  888         (b) An institution that receives funds from the scholarship
  889  program must certify to the department the amount of funds
  890  disbursed to each student and remit to the department any
  891  undisbursed advance within 60 days after the end of the regular
  892  registration period.
  893         (6) The department shall allocate funds to the appropriate
  894  institutions and collect and maintain data regarding the
  895  scholarship program within the student financial assistance
  896  database as specified in s. 1009.94.
  897         Section 18. Present paragraphs (e) and (f) of subsection
  898  (10) of section 1009.98, Florida Statutes, are redesignated as
  899  paragraphs (f) and (g), respectively, and a new paragraph (e) is
  900  added to that subsection, to read:
  901         1009.98 Stanley G. Tate Florida Prepaid College Program.—
  902         (10) PAYMENTS ON BEHALF OF QUALIFIED BENEFICIARIES.—
  903         (e) Notwithstanding the number of credit hours used by a
  904  state university to assess the amount for registration fees,
  905  tuition, tuition differential, or local fees, the amount paid by
  906  the board to any state university on behalf of a qualified
  907  beneficiary of an advance payment contract purchased before July
  908  1, 2024, may not exceed the number of credit hours taken by that
  909  qualified beneficiary at the state university.
  910         Section 19. The provisions of this act creating ss.
  911  1004.6497, 1004.6498, and 1009.894, Florida Statutes, and the
  912  provisions amending ss. 1009.22, 1009.23, 1009.24, 1009.53, and
  913  1009.534(2), Florida Statutes, apply retroactively to July 1,
  914  2017.
  915         Section 20. The Division of Law Revision and Information is
  916  directed to substitute the term “Effective Access to Student
  917  Education Grant Program” for “Florida Resident Access Grant
  918  Program” and the term “Effective Access to Student Education
  919  grant” for “Florida resident access grant” wherever those terms
  920  appear in the Florida Statutes.
  921         Section 21. For the 2018-2019 fiscal year, $121,776,631 in
  922  recurring funds from the Educational Enhancement Trust Fund and
  923  $1,736,404 in recurring funds from the General Revenue Fund are
  924  appropriated to the Department of Education to implement this
  925  act. Of these funds, $1,737,223 from the Educational Enhancement
  926  Trust Fund shall be used for 2019 summer term awards for Florida
  927  Bright Futures Academic Scholars, $28,416,515 from the
  928  Educational Enhancement Trust Fund shall be used for 2019 summer
  929  term awards for Florida Bright Futures Medallion Scholars,
  930  $91,622,893 from the Educational Enhancement Trust Fund shall be
  931  used for Florida Bright Futures Scholarship Program awards,
  932  $1,236,404 from the General Revenue Fund shall be used for the
  933  Benacquisto Scholarship Program, and $500,000 from the General
  934  Revenue Fund shall be used for the Florida Farmworker Student
  935  Scholarship Program.
  936         Section 22. This act shall take effect upon becoming a law.