Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS/SB 190, 2nd Eng.
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       Senator Stargel moved the following:
       
    1         Senate Amendment to House Amendment (439287) (with title
    2  amendment)
    3  
    4         Delete lines 5 - 286
    5  and insert:
    6         Section 1. Paragraph (c) of subsection (2) of section
    7  11.45, Florida Statutes, is amended to read:
    8         11.45 Definitions; duties; authorities; reports; rules.—
    9         (2) DUTIES.—The Auditor General shall:
   10         (c) Annually conduct financial audits of all state
   11  universities and Florida College System institutions and verify
   12  the accuracy of the amounts certified by each state university
   13  and Florida College System institution chief financial officer
   14  pursuant to ss. 1011.45 and 1011.84 state colleges.
   15  
   16  The Auditor General shall perform his or her duties
   17  independently but under the general policies established by the
   18  Legislative Auditing Committee. This subsection does not limit
   19  the Auditor General’s discretionary authority to conduct other
   20  audits or engagements of governmental entities as authorized in
   21  subsection (3).
   22         Section 2. Subsection (6) of section 215.985, Florida
   23  Statutes, is amended to read:
   24         215.985 Transparency in government spending.—
   25         (6) The Department of Management Services shall establish
   26  and maintain a website that provides current information
   27  relating to each employee or officer of a state agency, a state
   28  university, a Florida College System institution, or the State
   29  Board of Administration, regardless of the appropriation
   30  category from which the person is paid.
   31         (a) For each employee or officer, the information must
   32  include, at a minimum, his or her:
   33         1. Name and salary or hourly rate of pay.
   34         2. Position number, class code, and class title.
   35         3. Employing agency and budget entity.
   36         (b) The information must be searchable by state agency,
   37  state university, Florida College System institution, and the
   38  State Board of Administration, and by employee name, salary
   39  range, or class code and must be downloadable in a format that
   40  allows offline analysis.
   41         Section 3. Subsection (18) is added to section 1001.03,
   42  Florida Statutes, to read:
   43         1001.03 Specific powers of State Board of Education.—
   44         (18)PUBLIC EDUCATION CAPITAL OUTLAY.—The State Board of
   45  Education shall develop and submit the prioritized list required
   46  by s. 1013.64(4). Projects considered for prioritization shall
   47  be chosen from a preliminary selection group which shall include
   48  the list of projects maintained pursuant to paragraph (d) and
   49  the top two priorities of each Florida College System
   50  institution.
   51         (a)The state board shall develop a points-based
   52  prioritization method to rank projects for consideration from
   53  the preliminary selection group that awards points for the
   54  degree to which a project meets specific criteria compared to
   55  other projects in the preliminary selection group. The state
   56  board shall consider criteria that evaluates the degree to
   57  which:
   58         1.The project was funded previously by the Legislature and
   59  the amount of funds needed for completion constitute a
   60  relatively low percentage of total project costs;
   61         2.The project represents a building maintenance project or
   62  the repair of utility infrastructure which is necessary to
   63  preserve a safe environment for students and staff, or a project
   64  that is necessary to maintain the operation of a Florida College
   65  System institution site, and for which the institution can
   66  demonstrate that it has no other funding source available to
   67  complete the project;
   68         3.The project addresses the greatest current year need for
   69  space as indicated by increased instructional capacity that
   70  enhances educational opportunities for the greatest number of
   71  students;
   72         4.The project reflects a ranked priority of the submitting
   73  Florida College System institution;
   74         5.The project represents the most practical and cost
   75  effective replacement or renovation of an existing building; or
   76         6. For a new construction, remodeling, or renovation
   77  project that has not received a prior appropriation, the project
   78  has received, or has commitments to receive, funding from
   79  sources other than a project-specific state appropriation to
   80  assist with completion of the project; the project is needed to
   81  preserve the safety of persons using the facility; or the
   82  project is consistent with a strategic legislative or state
   83  board initiative.
   84         (b) The project scoring the highest for each criterion
   85  shall be awarded the maximum points in the range of points
   86  within the points scale developed by the state board. The state
   87  board shall weight the value of criteria such that the maximum
   88  points awarded for each criterion represents a percent of the
   89  total maximum points. However, the state board may not weight
   90  any criterion higher than the criterion established in
   91  subparagraph (a)3.
   92         (c)A new construction, remodeling, or renovation project
   93  that has not received an appropriation in a previous year shall
   94  not be considered for inclusion on the prioritized list required
   95  by s. 1013.64(4), unless:
   96         1.A plan is provided to reserve funds in an escrow
   97  account, specific to the project, into which shall be deposited
   98  each year an amount of funds equal to 0.5 percent of the total
   99  value of the building for future maintenance;
  100         2.There are sufficient excess funds from the allocation
  101  provided pursuant to s. 1013.60 within the 3-year planning
  102  period which are not needed to complete the projects listed
  103  pursuant to paragraph (d); and
  104         3.The project has been recommended pursuant to s. 1013.31.
  105         (d)The state board shall continually maintain a list of
  106  all public education capital outlay projects for which state
  107  funds were previously appropriated which have not been
  108  completed. The list shall include an estimate of the amount of
  109  state funding needed for the completion of each project.
  110         (e)The state board shall review its space need calculation
  111  methodology developed pursuant to s. 1013.31 to incorporate
  112  improvements, efficiencies, or changes. Recommendations shall be
  113  submitted to the chairs of the House of Representatives and
  114  Senate appropriations committees by October 31, 2019, and every
  115  3 years thereafter.
  116         Section 4. Paragraph (e) of subsection (5) of section
  117  1001.706, Florida Statutes, is amended and paragraph (i) is
  118  added to that subsection, paragraph (j) is added to subsection
  119  (3) of that section, and subsection (12) is added to that
  120  section, to read:
  121         1001.706 Powers and duties of the Board of Governors.—
  122         (3) POWERS AND DUTIES RELATING TO ORGANIZATION AND
  123  OPERATION OF STATE UNIVERSITIES.—
  124         (j) The Board of Governors shall develop and annually
  125  deliver a training program for members of each state university
  126  board of trustees that addresses the role of such boards in
  127  governing institutional resources and protecting the public
  128  interest. At a minimum, each trustee must participate in the
  129  training program within 1 year of appointment and reappointment
  130  to a university board of trustees. The program must include
  131  information on trustee responsibilities relating to all of the
  132  following:
  133         1. Meeting the statutory, regulatory, and fiduciary
  134  obligations of the board.
  135         2. Establishing internal process controls and
  136  accountability mechanisms for the institution’s president and
  137  other administrative officers.
  138         3. Oversight of planning, construction, maintenance,
  139  expansion, and renovation projects that impact the university’s
  140  consolidated infrastructure, physical facilities, and natural
  141  environment, including its lands, improvements, and capital
  142  equipment.
  143         4. Establishing policies that promote college
  144  affordability, including ensuring that the costs of university
  145  fees, textbooks, and instructional materials are minimized
  146  whenever possible.
  147         5. Creation and implementation of institutionwide rules and
  148  regulations.
  149         6. Institutional ethics and conflicts of interest.
  150         7. Best practices for board governance.
  151         8. Understanding current national and state issues in
  152  higher education.
  153         9. Any other responsibilities the Board of Governors deems
  154  necessary or appropriate.
  155         (5) POWERS AND DUTIES RELATING TO ACCOUNTABILITY.—
  156         (e) The Board of Governors shall maintain an effective
  157  information system to provide accurate, timely, and cost
  158  effective information about each university. The board shall
  159  continue to collect and maintain, at a minimum, management
  160  information as such information existed on June 30, 2002. To
  161  ensure consistency, the Board of Governors shall define the data
  162  components and methodology used to implement ss. 1001.7065 and
  163  1001.92. Each university shall conduct an annual audit to verify
  164  that the data submitted pursuant to ss. 1001.7065 and 1001.92
  165  complies with the data definitions established by the board and
  166  submit the audits to the Board of Governors Office of Inspector
  167  General as part of the annual certification process required by
  168  the Board of Governors.
  169         (i) The Board of Governors shall match individual student
  170  information with information in the files of state and federal
  171  agencies that maintain educational and employment records. The
  172  board must enter into an agreement with the Department of
  173  Economic Opportunity that allows access to the individual
  174  reemployment assistance wage records maintained by the
  175  department. The agreement must protect individual privacy and
  176  provide that student information may be used only for the
  177  purposes of auditing or evaluating higher education programs
  178  offered by state universities.
  179         (12)PUBLIC EDUCATION CAPITAL OUTLAY.—The Board of
  180  Governors shall submit the prioritized list as required by s.
  181  1013.64(4). Projects considered for prioritization shall be
  182  chosen from a preliminary selection group which shall include
  183  the list of projects maintained pursuant to paragraph (d) and
  184  the top two priorities of each state university.
  185         (a)The board shall develop a points-based prioritization
  186  method to rank projects for consideration from the preliminary
  187  selection group that awards points for the degree to which a
  188  project meets specific criteria compared to other projects in
  189  the preliminary selection group. The board shall consider
  190  criteria that evaluates the degree to which:
  191         1.The project was funded previously by the Legislature and
  192  the amount of funds needed for completion constitute a
  193  relatively low percentage of total project costs;
  194         2.The project represents a building maintenance project or
  195  the repair of utility infrastructure which is necessary to
  196  preserve a safe environment for students and staff, or a project
  197  that is necessary to maintain the operation of a university
  198  site, and for which the university can demonstrate that it has
  199  no funds available to complete the project from the sources
  200  designated in s. 1011.45;
  201         3.The project addresses the greatest current year need for
  202  space as indicated by increased instructional or research
  203  capacity that enhances educational opportunities for the
  204  greatest number of students or the university’s research
  205  mission;
  206         4.The project reflects a ranked priority of the submitting
  207  university;
  208         5.The project represents the most practical and cost
  209  effective replacement or renovation of an existing building; or
  210         6. For a new construction, remodeling, or renovation
  211  project that has not received a prior appropriation, the project
  212  has received, or has commitments to receive, funding from
  213  sources other than a project-specific state appropriation to
  214  assist with completion of the project; the project is needed to
  215  preserve the safety of persons using the facility; the project
  216  is consistent with a strategic legislative or board initiative;
  217  or the institution has allocated funding equal to a percentage
  218  of the total project cost. The percentage shall be no less than:
  219         a.Six percent for preeminent universities;
  220         b.Four percent for emerging preeminent universities; and
  221         c.Two percent for state universities that are neither a
  222  preeminent or emerging preeminent university.
  223         (b) The project scoring the highest for each criterion
  224  shall be awarded the maximum points in the range of points
  225  within the points scale developed by the board. The board shall
  226  weight the value of criteria such that the maximum points
  227  awarded for each criterion represent a percent of the total of
  228  maximum points. However, the board may not weight any criterion
  229  higher than the criterion established in subparagraph (a)3.
  230         (c)A new construction, remodeling, or renovation project
  231  that has not received an appropriation in a previous year shall
  232  not be considered for inclusion on the prioritized list required
  233  by s. 1013.64(4), unless:
  234         1.A plan is provided to reserve funds in an escrow
  235  account, specific to the project, into which shall be deposited
  236  each year an amount of funds equal to 1 percent of the total
  237  value of the building for future maintenance;
  238         2.There exists sufficient capacity within the cash and
  239  bonding estimate of funds by the Revenue Estimating Conference
  240  to accommodate the project within the 3-year Public Education
  241  Capital Outlay funding cycle; and
  242         3.The project has been recommended pursuant to s. 1013.31.
  243         (d)The board shall continually maintain a list of all
  244  public education capital outlay projects for which state funds
  245  were previously appropriated which have not been completed. The
  246  list shall include an estimate of the amount of state funding
  247  needed for the completion of each project.
  248         (e)The board shall review its space need calculation
  249  methodology developed pursuant to s. 1013.31 to incorporate
  250  improvements, efficiencies, or changes. Recommendations shall be
  251  submitted to the chairs of the House of Representatives and
  252  Senate appropriations committees by October 31, 2019, and every
  253  3 years thereafter.
  254         Section 5. Paragraph (d) of subsection (4) of section
  255  1004.70, Florida Statutes, is amended to read:
  256         1004.70 Florida College System institution direct-support
  257  organizations.—
  258         (4) ACTIVITIES; RESTRICTIONS.—
  259         (d) A Florida College System institution direct-support
  260  organization is prohibited from giving, either directly or
  261  indirectly, any gift to a political committee as defined in s.
  262  106.011 for any purpose other than those certified by a majority
  263  roll call vote of the governing board of the direct-support
  264  organization at a regularly scheduled meeting as being directly
  265  related to the educational mission of the Florida College System
  266  institution.
  267         Section 6. Subsection (7) is added to section 1007.23,
  268  Florida Statutes, to read:
  269         1007.23 Statewide articulation agreement.—
  270         (7) By the 2019-2020 academic year, to strengthen Florida’s
  271  “2+2” system of articulation and improve student retention and
  272  on-time graduation, each Florida College System institution
  273  shall execute at least one “2+2” targeted pathway articulation
  274  agreement with one or more state universities, and each state
  275  university shall execute at least one such agreement with one or
  276  more Florida College System institutions to establish “2+2”
  277  targeted pathway programs. The agreement must provide students
  278  who graduate with an associate in arts degree and who meet
  279  specified requirements guaranteed access to the state university
  280  and a degree program at that university, in accordance with the
  281  terms of the “2+2” targeted pathway articulation agreement.
  282         (a)To participate in a “2+2” targeted pathway program, a
  283  student must:
  284         1.Enroll in the program before completing 30 credit hours,
  285  including, but not limited to, college credits earned through
  286  articulated acceleration mechanisms pursuant to s. 1007.27;
  287         2.Complete an associate in arts degree; and
  288         3.Meet the university’s transfer requirements.
  289         (b)A state university that executes a “2+2” targeted
  290  pathway articulation agreement must meet the following
  291  requirements in order to implement a “2+2” targeted pathway
  292  program in collaboration with its partner Florida College System
  293  institution:
  294         1.Establish a 4-year, on-time graduation plan for a
  295  baccalaureate degree program, including, but not limited to, a
  296  plan for students to complete associate in arts degree programs,
  297  general education courses, common prerequisite courses, and
  298  elective courses;
  299         2.Advise students enrolled in the program about the
  300  university’s transfer and degree program requirements; and
  301         3.Provide students who meet the requirements under this
  302  paragraph with access to academic advisors and campus events and
  303  with guaranteed admittance to the state university and a degree
  304  program of the state university, in accordance with the terms of
  305  the agreement.
  306         (c)To assist the state universities and Florida College
  307  System institutions with implementing the “2+2” targeted pathway
  308  programs effectively, the State Board of Education and the Board
  309  of Governors shall collaborate to eliminate barriers in
  310  executing “2+2” targeted pathway articulation agreements.
  311         Section 7. Subsection (2) of section 1008.32, Florida
  312  Statutes, is amended to read:
  313         1008.32 State Board of Education oversight enforcement
  314  authority.—The State Board of Education shall oversee the
  315  performance of district school boards and Florida College System
  316  institution boards of trustees in enforcement of all laws and
  317  rules. District school boards and Florida College System
  318  institution boards of trustees shall be primarily responsible
  319  for compliance with law and state board rule.
  320         (2)(a) The Commissioner of Education may investigate
  321  allegations of noncompliance with law or state board rule and
  322  determine probable cause. The commissioner shall report
  323  determinations of probable cause to the State Board of Education
  324  which shall require the district school board or Florida College
  325  System institution board of trustees to document compliance with
  326  law or state board rule.
  327         (b)The Commissioner of Education shall report to the State
  328  Board of Education any findings by the Auditor General that a
  329  district school board or Florida College System institution is
  330  acting without statutory authority or contrary to general law.
  331  The State Board of Education shall require the district school
  332  board or Florida College System institution board of trustees to
  333  document compliance with such law.
  334         Section 8. Subsection (3) of section 1008.322, Florida
  335  Statutes, is amended to read:
  336         1008.322 Board of Governors oversight enforcement
  337  authority.—
  338         (3)(a) The Chancellor of the State University System may
  339  investigate allegations of noncompliance with any law or Board
  340  of Governors’ rule or regulation and determine probable cause.
  341  The chancellor shall report determinations of probable cause to
  342  the Board of Governors, which may require the university board
  343  of trustees to document compliance with the law or Board of
  344  Governors’ rule or regulation.
  345         (b)The Chancellor of the State University System shall
  346  report to the Board of Governors any findings by the Auditor
  347  General that a university is acting without statutory authority
  348  or contrary to general law. The Board of Governors shall require
  349  the university board of trustees to document compliance with
  350  such law.
  351         Section 9. Effective July 1, 2019, and upon the expiration
  352  and reversion of the amendment made to section 1009.215, Florida
  353  Statutes, pursuant to section 13 of chapter 2018-10, Laws of
  354  Florida, subsection (3) of section 1009.215, Florida Statutes,
  355  is amended to read:
  356         1009.215 Student enrollment pilot program for the spring
  357  and summer terms.—
  358         (3) Students who are enrolled in the pilot program and who
  359  are eligible to receive Bright Futures Scholarships under ss.
  360  1009.53-1009.536 are shall be eligible to receive the
  361  scholarship award for attendance during the spring and summer
  362  terms. This student cohort is also eligible to receive Bright
  363  Futures Scholarships during the fall term which may be used for
  364  off-campus or online coursework, if Bright Futures Scholarship
  365  funding is provided by the Legislature for three terms for other
  366  eligible students during that academic year no more than 2
  367  semesters or the equivalent in any fiscal year, including the
  368  summer term.
  369         Section 10. Subsection (2) of section 1009.286, Florida
  370  Statutes, is amended to read:
  371         1009.286 Additional student payment for hours exceeding
  372  baccalaureate degree program completion requirements at state
  373  universities.—
  374         (2) State universities shall require a student to pay an
  375  excess hour surcharge for each credit hour in excess of the
  376  number of credit hours required to complete the baccalaureate
  377  degree program in which the student is enrolled. Each university
  378  must calculate an excess hour threshold for each student based
  379  on the number of credit hours required for the degree. For any
  380  student who changes degree programs, the excess hour threshold
  381  must be adjusted only if the number of credit hours required to
  382  complete the new degree program exceeds that of the original
  383  degree program. The excess hour surcharge shall become effective
  384  for students who enter a state university for the first time and
  385  maintain continuous enrollment is as follows:
  386         (a) For the 2009-2010 and 2010-2011 academic years, an
  387  excess hour surcharge equal to 50 percent of the tuition rate
  388  for each credit hour in excess of 120 percent.
  389         (b) For the 2011-2012 academic year, an excess hour
  390  surcharge equal to 100 percent of the tuition rate for each
  391  credit hour in excess of 115 percent.
  392         (c) For the 2012-2013 academic year through the 2019 spring
  393  term and thereafter, an excess hour surcharge equal to 100
  394  percent of the tuition rate for each credit hour in excess of
  395  110 percent. For the 2019 summer term and thereafter, an excess
  396  hour surcharge equal to 100 percent of the tuition rate for each
  397  credit hour in excess of 120 percent. Notwithstanding the
  398  requirements of this subsection, a state university shall refund
  399  the excess hour surcharge assessed pursuant to this paragraph
  400  for up to 12 credit hours to any first-time-in-college student
  401  who completes a baccalaureate degree program within 4 years
  402  after his or her initial enrollment in a state university.
  403         Section 11. Subsections (1), (2), and (3), paragraph (a) of
  404  subsection (4), subsection (5), and subsection (7) of section
  405  1009.53, Florida Statutes, are amended to read:
  406         1009.53 Florida Bright Futures Scholarship Program.—
  407         (1) The Florida Bright Futures Scholarship Program is
  408  created to establish a lottery-funded scholarship program to
  409  reward any Florida high school graduate who merits recognition
  410  of high academic achievement and who enrolls in a degree
  411  program, certificate program, or applied technology program at
  412  an eligible Florida public or private postsecondary education
  413  institution within 3 years of graduation from high school.
  414         (2) The Bright Futures Scholarship Program consists of four
  415  three types of awards: the Florida Academic Scholarship, the
  416  Florida Medallion Scholarship, the Florida Gold Seal CAPE
  417  Scholarship, and the Florida Gold Seal Vocational Scholarship.
  418         (3) The Department of Education shall administer the Bright
  419  Futures Scholarship Program according to rules and procedures
  420  established by the State Board of Education. A single
  421  application must be sufficient for a student to apply for any of
  422  the three types of awards. The department shall advertise the
  423  availability of the scholarship program and shall notify
  424  students, teachers, parents, certified school counselors, and
  425  principals or other relevant school administrators of the
  426  criteria and application procedures. The department must begin
  427  this process of notification no later than January 1 of each
  428  year.
  429         (4) Funding for the Bright Futures Scholarship Program must
  430  be allocated from the Education Enhancement Trust Fund and must
  431  be provided before allocations from that fund are calculated for
  432  disbursement to other educational entities.
  433         (a) If funds appropriated are not adequate to provide the
  434  maximum allowable award to each eligible applicant, awards in
  435  all three components of the program must be prorated using the
  436  same percentage reduction.
  437         (5) The department shall issue awards from the scholarship
  438  program annually. Annual awards may be for up to 45 semester
  439  credit hours or the equivalent. Before the registration period
  440  each semester, the department shall transmit payment for each
  441  award to the president or director of the postsecondary
  442  education institution, or his or her representative, except that
  443  the department may withhold payment if the receiving institution
  444  fails to report or to make refunds to the department as required
  445  in this section.
  446         (a) Within 30 days after the end of regular registration
  447  each semester, the educational institution shall certify to the
  448  department the eligibility status of each student who receives
  449  an award. After the end of the drop and add period, an
  450  institution is not required to reevaluate or revise a student’s
  451  eligibility status; however, an institution must make a refund
  452  to the department within 30 days after the end of the semester
  453  of any funds received for courses dropped by a student or
  454  courses from which a student has withdrawn after the end of the
  455  drop and add period, unless the student has been granted an
  456  exception by the department pursuant to subsection (11).
  457         (b) An institution that receives funds from the program for
  458  the fall and spring terms shall certify to the department the
  459  amount of funds disbursed to each student and shall remit to the
  460  department any undisbursed advances within 60 days after the end
  461  of regular registration. An institution that receives funds from
  462  the program for the summer term shall certify to the department
  463  the amount of funds disbursed to each student and shall remit to
  464  the department any undisbursed advances within 30 days after the
  465  end of the summer term.
  466         (c) Each institution that receives moneys through this
  467  program shall provide for a financial audit, as defined in s.
  468  11.45, conducted by an independent certified public accountant
  469  or the Auditor General for each fiscal year in which the
  470  institution expends program moneys in excess of $100,000. At
  471  least every 2 years, the audit shall include an examination of
  472  the institution’s administration of the program and the
  473  institution’s accounting of the moneys for the program since the
  474  last examination of the institution’s administration of the
  475  program. The report on the audit must be submitted to the
  476  department within 9 months after the end of the fiscal year. The
  477  department may conduct its own annual audit of an institution’s
  478  administration of the program. The department may request a
  479  refund of any moneys overpaid to the institution for the
  480  program. The department may suspend or revoke an institution’s
  481  eligibility to receive future moneys for the program if the
  482  department finds that an institution has not complied with this
  483  section. The institution must remit within 60 days any refund
  484  requested in accordance with this subsection.
  485         (d) Any institution that is not subject to an audit
  486  pursuant to this subsection shall attest, under penalty of
  487  perjury, that the moneys were used in compliance with law. The
  488  attestation shall be made annually in a form and format
  489  determined by the department.
  490         (7) A student may receive only one type of award from the
  491  Florida Bright Futures Scholarship Program at any given a time,
  492  but may transfer from one type of award to another through the
  493  renewal application process, if the student’s eligibility status
  494  changes. However, a student is not eligible to transfer from a
  495  Florida Medallion Scholarship, a Florida Gold Seal CAPE
  496  Scholarship, or a Florida Gold Seal Vocational Scholarship to a
  497  Florida Academic Scholarship. A student who receives an award
  498  from the program may also receive a federal family education
  499  loan or a federal direct loan, and the value of the award must
  500  be considered in the certification or calculation of the
  501  student’s loan eligibility.
  502         Section 12. Section 1009.531, Florida Statutes, is amended
  503  to read:
  504         1009.531 Florida Bright Futures Scholarship Program;
  505  student eligibility requirements for initial awards.—
  506         (1) In order to be eligible for an initial award from any
  507  of the three types of scholarships under the Florida Bright
  508  Futures Scholarship Program, a student must:
  509         (a) Be a Florida resident as defined in s. 1009.40 and
  510  rules of the State Board of Education.
  511         (b) Earn a standard Florida high school diploma pursuant to
  512  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282 or a high school
  513  equivalency diploma pursuant to s. 1003.435 unless:
  514         1. The student completes a home education program according
  515  to s. 1002.41; or
  516         2. The student earns a high school diploma from a non
  517  Florida school while living with a parent or guardian who is on
  518  military or public service assignment away from Florida; or
  519         3. The student earns a high school diploma from a Florida
  520  private school operating pursuant to s. 1002.42.
  521         (c) Be accepted by and enroll in an eligible Florida public
  522  or independent postsecondary education institution.
  523         (d) Be enrolled for at least 6 semester credit hours or the
  524  equivalent in quarter hours or clock hours.
  525         (e) Not have been found guilty of, or entered a plea of
  526  nolo contendere to, a felony charge, unless the student has been
  527  granted clemency by the Governor and Cabinet sitting as the
  528  Executive Office of Clemency.
  529         (f) Apply for a scholarship from the program by high school
  530  graduation. However, a student who graduates from high school
  531  midyear must apply no later than December August 31 of the
  532  student’s graduation year in order to be evaluated for and, if
  533  eligible, receive an award for the current academic year.
  534         (2)(a) A student graduating from high school prior to the
  535  2010-2011 academic year is eligible to accept an initial award
  536  for 3 years following high school graduation and to accept a
  537  renewal award for 7 years following high school graduation. A
  538  student who applies for an award by high school graduation and
  539  who meets all other eligibility requirements, but who does not
  540  accept his or her award, may reapply during subsequent
  541  application periods up to 3 years after high school graduation.
  542  For a student who enlists in the United States Armed Forces
  543  immediately after completion of high school, the 3-year
  544  eligibility period for his or her initial award shall begin upon
  545  the date of separation from active duty. For a student who is
  546  receiving a Florida Bright Futures Scholarship and discontinues
  547  his or her education to enlist in the United States Armed
  548  Forces, the remainder of his or her 7-year renewal period shall
  549  commence upon the date of separation from active duty.
  550         (b) Students graduating from high school in the 2010-2011
  551  and 2011-2012 academic years are eligible to accept an initial
  552  award for 3 years following high school graduation and to accept
  553  a renewal award for 5 years following high school graduation. A
  554  student who applies for an award by high school graduation and
  555  who meets all other eligibility requirements, but who does not
  556  accept his or her award, may reapply during subsequent
  557  application periods up to 3 years after high school graduation.
  558  For a student who enlists in the United States Armed Forces
  559  immediately after completion of high school, the 3-year
  560  eligibility period for his or her initial award and the 5-year
  561  renewal period shall begin upon the date of separation from
  562  active duty. For a student who is receiving a Florida Bright
  563  Futures Scholarship award and discontinues his or her education
  564  to enlist in the United States Armed Forces, the remainder of
  565  his or her 5-year renewal period shall commence upon the date of
  566  separation from active duty. If a course of study is not
  567  completed after 5 academic years, an exception of 1 year to the
  568  renewal timeframe may be granted due to a verifiable illness or
  569  other documented emergency pursuant to s. 1009.40(1)(b)4.
  570         (c) A student graduating from high school in the 2012-2013
  571  academic year and thereafter is eligible to receive an accept an
  572  initial award for 2 years following high school graduation and
  573  to accept a renewal award for 5 years following high school
  574  graduation. A student who applies for an award by high school
  575  graduation and who meets all other eligibility requirements, but
  576  who does not accept his or her award, may reapply during
  577  subsequent application periods up to 5 2 years after high school
  578  graduation. For a student who enlists in the United States Armed
  579  Forces immediately after completion of high school, the 2-year
  580  eligibility period for his or her initial award and the 5-year
  581  renewal period shall begin upon the date of separation from
  582  active duty. For a student who is receiving a Florida Bright
  583  Futures Scholarship award and discontinues his or her education
  584  to enlist in the United States Armed Forces, the remainder of
  585  his or her 5-year renewal period shall commence upon the date of
  586  separation from active duty. For a student who is unable to
  587  accept an initial award immediately after completion of high
  588  school due to a full-time religious or service obligation
  589  lasting at least 18 months which begins within 1 year after
  590  completion of high school, the 2-year eligibility period for his
  591  or her initial award and the 5-year renewal period begins begin
  592  upon the completion of his or her religious or service
  593  obligation. The organization sponsoring the full-time religious
  594  or service obligation must meet the requirements for nonprofit
  595  status under s. 501(c)(3) of the Internal Revenue Code or be a
  596  federal government service organization, including, but not
  597  limited to, the Peace Corps and AmeriCorps programs. The
  598  obligation must be documented in writing and verified by the
  599  entity for which the student completed the obligation on a
  600  standardized form prescribed by the department. If a course of
  601  study is not completed after 5 academic years, an exception of 1
  602  year to the renewal timeframe may be granted due to a verifiable
  603  illness or other documented emergency pursuant to s.
  604  1009.40(1)(b)4.
  605         (3) For purposes of calculating the grade point average to
  606  be used in determining initial eligibility for a Florida Bright
  607  Futures Scholarship, the department shall assign additional
  608  weights to grades earned in the following courses:
  609         (a) Courses identified in the course code directory as
  610  Advanced Placement, pre-International Baccalaureate,
  611  International Baccalaureate, International General Certificate
  612  of Secondary Education (pre-AICE), or Advanced International
  613  Certificate of Education.
  614         (b) Courses designated as academic dual enrollment courses
  615  in the statewide course numbering system.
  616  
  617  The department may assign additional weights to courses, other
  618  than those described in paragraphs (a) and (b), that are
  619  identified by the Department of Education as containing rigorous
  620  academic curriculum and performance standards. The additional
  621  weight assigned to a course pursuant to this subsection shall
  622  not exceed 0.5 per course. The weighted system shall be
  623  developed and distributed to all high schools in the state prior
  624  to January 1, 1998. The department may determine a student’s
  625  eligibility status during the senior year before graduation and
  626  may inform the student of the award at that time.
  627         (4) Each school district shall annually provide to each
  628  high school student in grade 11 or 12 a complete and accurate
  629  Florida Bright Futures Scholarship Evaluation Report and Key.
  630  The report shall be disseminated at the beginning of each school
  631  year. The report must include all high school coursework
  632  attempted, the number of credits earned toward each type of
  633  award, and the calculation of the grade point average for each
  634  award. The report must also identify all requirements not met
  635  per award, including the grade point average requirement, as
  636  well as identify the awards for which the student has met the
  637  academic requirements. The student report cards must contain a
  638  disclosure that the grade point average calculated for purposes
  639  of the Florida Bright Futures Scholarship Program may differ
  640  from the grade point average on the report card.
  641         (5) A student who wishes to qualify for a particular award
  642  within the Florida Bright Futures Scholarship Program, but who
  643  does not meet all of the requirements for that level of award by
  644  the applicable deadlines, may be allowed additional time to
  645  complete the requirements, nevertheless, receive the award if
  646  the principal of the student’s school or the district
  647  superintendent verifies that the deficiency is caused by the
  648  fact that school district personnel provided inaccurate or
  649  incomplete information to the student. The school district must
  650  provide a means for the student to correct the deficiencies and
  651  the student must correct them, either by completing comparable
  652  work at the postsecondary institution or by completing a
  653  directed individualized study program developed and administered
  654  by the school district. If the student does not complete the
  655  requirements by December 31 immediately following high school
  656  graduation, the student is ineligible to participate in the
  657  program. If the student completes the requirements by December
  658  31, the student must receive the award for the full academic
  659  year, including the fall term.
  660         (6)(a) The State Board of Education shall publicize the
  661  examination score required for a student to be eligible for a
  662  Florida Academic Scholars award, pursuant to s. 1009.534(1)(a)
  663  or (b), as follows:
  664         1.For high school students graduating in the 2018-2019 and
  665  2019-2020 academic years, a student must achieve an SAT combined
  666  score of 1290 or an ACT composite score of 29.
  667         2.For high school students graduating in the 2020-2021
  668  academic year and thereafter, a student must achieve the
  669  required examination scores published by the department, which
  670  are determined as provided in subsection (c) High school
  671  students must earn an SAT score of 1290 which corresponds to the
  672  89th SAT percentile rank or a concordant ACT score of 29.
  673         (b) The State Board of Education shall publicize the
  674  examination score required for a student to be eligible for a
  675  Florida Medallion Scholars award, pursuant to s. 1009.535(1)(a)
  676  or (b), as follows:
  677         1.For high school students graduating in the 2018-2019 and
  678  2019-2020 academic years, a student must achieve an SAT combined
  679  score of 1170 or an ACT composite score of 26.
  680         2.For high school students graduating in the 2020-2021
  681  academic year and thereafter, a student must achieve the
  682  required examination scores published by the department, which
  683  are determined as provided in subsection (c) High school
  684  students must earn an SAT score of 1170 which corresponds to the
  685  75th SAT percentile rank or a concordant ACT score of 26.
  686         (c) To ensure that the required examination scores
  687  represent top student performance and are equivalent between the
  688  SAT and ACT, the department shall develop a method for
  689  determining the required examination scores which incorporates
  690  all of the following:
  691         1.The minimum required SAT score for the Florida Academic
  692  Scholarship must be set no lower than the 89th national
  693  percentile on the SAT. The department may adjust the required
  694  SAT score only if the required score drops below the 89th
  695  national percentile, and any such adjustment must be applied to
  696  the bottom of the SAT score range that is concordant to the ACT.
  697         2.The minimum required SAT score for the Florida Medallion
  698  Scholarship must be set no lower than the 75th national
  699  percentile on the SAT. The department may adjust the required
  700  SAT score only if the required score drops below the 75th
  701  national percentile, and any such adjustment must be made to the
  702  bottom of the SAT score range that is concordant to the ACT.
  703         3.The required ACT scores must be made concordant to the
  704  required SAT scores, using the latest published national
  705  concordance table developed jointly by the College Board and
  706  ACT, Inc.
  707         (d)Before each school year, the department shall publish
  708  any changes to the examination score requirements that apply to
  709  students graduating in the next 2 years The SAT percentile ranks
  710  and corresponding SAT scores specified in paragraphs (a) and (b)
  711  are based on the SAT percentile ranks for 2010 college-bound
  712  seniors in critical reading and mathematics as reported by the
  713  College Board. The next highest SAT score is used when the
  714  percentile ranks do not directly correspond.
  715         Section 13. Section 1009.532, Florida Statutes, is amended
  716  to read:
  717         1009.532 Florida Bright Futures Scholarship Program;
  718  student eligibility requirements for renewal awards.—
  719         (1) To be eligible to renew a scholarship from any of the
  720  three types of scholarships under the Florida Bright Futures
  721  Scholarship Program, a student must:
  722         (a) Effective for students funded in the 2009-2010 academic
  723  year and thereafter, earn at least 24 semester credit hours or
  724  the equivalent in the last academic year in which the student
  725  earned a scholarship if the student was enrolled full time, or a
  726  prorated number of credit hours as determined by the Department
  727  of Education if the student was enrolled less than full time for
  728  any part of the academic year. For students initially eligible
  729  prior to the 2010-2011 academic term, if a student fails to earn
  730  the minimum number of hours required to renew the scholarship,
  731  the student shall lose his or her eligibility for renewal for a
  732  period equivalent to 1 academic year. Such student is eligible
  733  to restore the award the following academic year if the student
  734  earns the hours for which he or she was enrolled at the level
  735  defined by the department and meets the grade point average for
  736  renewal. A student is eligible for such restoration one time.
  737  The department shall notify eligible recipients of the
  738  provisions of this paragraph. Each institution shall notify
  739  award recipients of the provisions of this paragraph during the
  740  registration process.
  741         (b) Maintain the cumulative grade point average required by
  742  the scholarship program, except that:
  743         1. If a recipient’s grades fall beneath the average
  744  required to renew a Florida Academic Scholarship, but are
  745  sufficient to renew a Florida Medallion Scholarship, a Florida
  746  Gold Seal CAPE Scholarship, or a Florida Gold Seal Vocational
  747  Scholarship, the Department of Education may grant a renewal
  748  from one of those other scholarship programs, if the student
  749  meets the renewal eligibility requirements;
  750         2. For students initially eligible prior to the 2010-2011
  751  academic term, if at any time during the eligibility period a
  752  student’s grades are insufficient to renew the scholarship, the
  753  student may restore eligibility by improving the grade point
  754  average to the required level. A student is eligible for such a
  755  restoration one time. The Legislature encourages education
  756  institutions to assist students to calculate whether or not it
  757  is possible to raise the grade point average during the summer
  758  term. If the institution determines that it is possible, the
  759  education institution may so inform the department, which may
  760  reserve the student’s award if funds are available. The renewal,
  761  however, must not be granted until the student achieves the
  762  required cumulative grade point average. If the summer term is
  763  not sufficient to raise the grade point average to the required
  764  renewal level, the student’s next opportunity for renewal is the
  765  fall semester of the following academic year; or
  766         2.3. For students initially eligible in the 2010-2011
  767  academic term and thereafter, if at any time during a student’s
  768  first academic year the student’s grades are insufficient to
  769  renew the scholarship, the student may restore eligibility by
  770  improving the grade point average to the required level. A
  771  student is eligible for such a restoration one time. The
  772  Legislature encourages education institutions to assist students
  773  to calculate whether or not it is possible to raise the grade
  774  point average during the summer term. If the education
  775  institution determines that it is possible, the institution may
  776  so inform the department, which may reserve the student’s award
  777  if funds are available. The renewal, however, must not be
  778  granted until the student achieves the required cumulative grade
  779  point average. If the summer term is not sufficient to raise the
  780  grade point average to the required renewal level, the student’s
  781  next opportunity for renewal is the fall semester of the
  782  following academic year.
  783         (c) Reimburse or make satisfactory arrangements to
  784  reimburse the institution for the award amount received for
  785  courses dropped after the end of the drop and add period or
  786  courses from which the student withdraws after the end of the
  787  drop and add period unless the student has received an exception
  788  pursuant to s. 1009.53(11).
  789         (2) For students initially eligible in the 2010-2011
  790  academic term and thereafter, and unless otherwise provided in
  791  this section, if a student does not meet the requirements for
  792  renewal of a scholarship because of lack of completion of
  793  sufficient credit hours or insufficient grades, the scholarship
  794  shall be renewed only if the student failed to complete
  795  sufficient credit hours or to meet sufficient grade requirements
  796  due to verifiable illness or other documented emergency, in
  797  which case the student may be granted an exception from academic
  798  requirements pursuant to s. 1009.40(1)(b)4.
  799         (3)(a) A student who is initially eligible prior to the
  800  2010-2011 academic year and is enrolled in a program that
  801  terminates in an associate degree or a baccalaureate degree may
  802  receive an award for a maximum of 110 percent of the number of
  803  credit hours required to complete the program. A student who is
  804  enrolled in a program that terminates in a career certificate
  805  may receive an award for a maximum of 110 percent of the credit
  806  hours or clock hours required to complete the program up to 90
  807  credit hours.
  808         (b) Students who are initially eligible in the 2010-2011
  809  and 2011-2012 academic years may receive an award for a maximum
  810  of 100 percent of the number of credit hours required to
  811  complete an associate degree program or a baccalaureate degree
  812  program or receive an award for a maximum of 100 percent of the
  813  credit hours or clock hours required to complete up to 90 credit
  814  hours of a program that terminates in a career certificate.
  815         (a)(c) A student who is initially eligible in the 2012-2013
  816  academic year and thereafter may receive an award for a maximum
  817  of 100 percent of the number of credit hours required to
  818  complete an associate degree program, a baccalaureate degree
  819  program, or a postsecondary career certificate program or, for a
  820  Florida Gold Seal Vocational Scholars award, may receive an
  821  award for a maximum of 100 percent of the number of credit hours
  822  or equivalent clock hours required to complete one of the
  823  following at a Florida public or nonpublic education institution
  824  that offers these specific programs: for an applied technology
  825  diploma program as defined in s. 1004.02(7), up to 60 credit
  826  hours or equivalent clock hours; for a technical degree
  827  education program as defined in s. 1004.02(13), up to the number
  828  of hours required for a specific degree not to exceed 72 credit
  829  hours or equivalent clock hours; or for a career certificate
  830  program as defined in s. 1004.02(20), up to the number of hours
  831  required for a specific certificate not to exceed 72 credit
  832  hours or equivalent clock hours. A student who transfers from
  833  one of these program levels to another program level becomes
  834  eligible for the higher of the two credit hour limits.
  835         (b)(d)1. A student who is initially eligible in the 2017
  836  2018 academic year and thereafter for a Florida Gold Seal CAPE
  837  Scholars award under s. 1009.536(2) may receive an award for a
  838  maximum of 100 percent of the number of credit hours or
  839  equivalent clock hours required to complete one of the following
  840  at a Florida public or nonpublic education institution that
  841  offers these specific programs: for an applied technology
  842  diploma program as defined in s. 1004.02(7), up to 60 credit
  843  hours or equivalent clock hours; for a technical degree
  844  education program as defined in s. 1004.02(13), up to the number
  845  of hours required for a specific degree, not to exceed 72 credit
  846  hours or equivalent clock hours; or for a career certificate
  847  program as defined in s. 1004.02(20), up to the number of hours
  848  required for a specific certificate, not to exceed 72 credit
  849  hours or equivalent clock hours. A student who transfers from
  850  one of these program levels to another program level is eligible
  851  for the higher of the two credit hour limits.
  852         2. A Florida Gold Seal CAPE Scholar who completes a
  853  technical degree education program as defined in s. 1004.02(13)
  854  may also receive an award for:
  855         a. A maximum of 60 credit hours for a bachelor of science
  856  degree program for which there is a statewide associate in
  857  science degree program to bachelor of science degree program
  858  articulation agreement; or
  859         b. A maximum of 60 credit hours for a bachelor of applied
  860  science degree program at a Florida College System institution.
  861         (4) A student who receives an initial award during the
  862  spring term shall be evaluated for scholarship renewal after the
  863  completion of a full academic year, which begins with the fall
  864  term.
  865         (5)A student who receives an award and is subsequently
  866  determined ineligible due to updated grade or hour information
  867  may not receive a disbursement for a subsequent term, unless the
  868  student successfully restores the award.
  869         Section 14. Subsections (3), (4), and (5) of section
  870  1009.536, Florida Statutes, are amended to read:
  871         1009.536 Florida Gold Seal Vocational Scholars and Florida
  872  Gold Seal CAPE Scholars awards.—The Florida Gold Seal Vocational
  873  Scholars award and the Florida Gold Seal CAPE Scholars award are
  874  created within the Florida Bright Futures Scholarship Program to
  875  recognize and reward academic achievement and career preparation
  876  by high school students who wish to continue their education.
  877         (3) A Florida Gold Seal Vocational Scholar or a Florida
  878  Gold Seal CAPE Scholar who is enrolled in a public or nonpublic
  879  postsecondary education institution is eligible for an award
  880  equal to the amount specified in the General Appropriations Act
  881  to assist with the payment of educational expenses.
  882         (4) To be eligible for a renewal award as a Florida Gold
  883  Seal Vocational Scholar or a Florida Gold Seal CAPE Scholar, a
  884  student must maintain the equivalent of a cumulative grade point
  885  average of 2.75 on a 4.0 scale with an opportunity for
  886  restoration one time as provided in this chapter.
  887         (5)(a) A student who is initially eligible prior to the
  888  2010-2011 academic year may earn a Florida Gold Seal Vocational
  889  Scholarship for 110 percent of the number of credit hours
  890  required to complete the program, up to 90 credit hours or the
  891  equivalent.
  892         (b) Students who are initially eligible in the 2010-2011
  893  and 2011-2012 academic years may earn a Florida Gold Seal
  894  Vocational Scholarship for 100 percent of the number of credit
  895  hours required to complete the program, up to 90 credit hours or
  896  the equivalent.
  897         (c) A student who is initially eligible in the 2012-2013
  898  academic year and thereafter may earn a Florida Gold Seal
  899  Vocational Scholarship for a maximum of 100 percent of the
  900  number of credit hours or equivalent clock hours required to
  901  complete one of the following at a Florida public or nonpublic
  902  education institution that offers these specific programs: for
  903  an applied technology diploma program as defined in s.
  904  1004.02(7), up to 60 credit hours or equivalent clock hours; for
  905  a technical degree education program as defined in s.
  906  1004.02(13), up to the number of hours required for a specific
  907  degree not to exceed 72 credit hours or equivalent clock hours;
  908  or for a career certificate program as defined in s.
  909  1004.02(20), up to the number of hours required for a specific
  910  certificate not to exceed 72 credit hours or equivalent clock
  911  hours.
  912         (b)(d)1. A student who is initially eligible in the 2017
  913  2018 academic year and thereafter for a Florida Gold Seal CAPE
  914  Scholars award under subsection (2) may receive an award for a
  915  maximum of 100 percent of the number of credit hours or
  916  equivalent clock hours required to complete one of the following
  917  at a Florida public or nonpublic education institution that
  918  offers these specific programs: for an applied technology
  919  diploma program as defined in s. 1004.02(7), up to 60 credit
  920  hours or equivalent clock hours; for a technical degree
  921  education program as defined in s. 1004.02(13), up to the number
  922  of hours required for a specific degree, not to exceed 72 credit
  923  hours or equivalent clock hours; or for a career certificate
  924  program as defined in s. 1004.02(20), up to the number of hours
  925  required for a specific certificate, not to exceed 72 credit
  926  hours or equivalent clock hours. A student who transfers from
  927  one of these program levels to another program level is eligible
  928  for the higher of the two credit hour limits.
  929         2. A Florida Gold Seal CAPE Scholar who completes a
  930  technical degree education program as defined in s. 1004.02(13)
  931  may also receive an award for:
  932         a. A maximum of 60 credit hours for a bachelor of science
  933  degree program for which there is a statewide associate in
  934  science degree program to bachelor of science degree program
  935  articulation agreement; or
  936         b. A maximum of 60 credit hours for a bachelor of applied
  937  science degree program at a Florida College System institution.
  938         Section 15. Section 1011.45, Florida Statutes, is amended
  939  to read:
  940         1011.45 End of year balance of funds.—Unexpended amounts in
  941  any fund in a university current year operating budget shall be
  942  carried forward and included as the balance forward for that
  943  fund in the approved operating budget for the following year.
  944         (1)Each university shall maintain a minimum carry forward
  945  balance of at least 7 percent of its state operating budget. If
  946  a university fails to maintain a 7 percent balance in state
  947  operating funds, the university shall submit a plan to the Board
  948  of Governors to attain the 7 percent balance of state operating
  949  funds within the next fiscal year.
  950         (2)Each university that retains a state operating fund
  951  carry forward balance in excess of the 7 percent minimum shall
  952  submit a spending plan for its excess carry forward balance. The
  953  spending plan shall be submitted to the university’s board of
  954  trustees for review, approval, or if necessary, amendment by
  955  September 1, 2020, and each September 1 thereafter. The Board of
  956  Governors shall review, approve, and amend, if necessary, each
  957  university’s carry forward spending plan by October 1, 2020, and
  958  each October 1 thereafter.
  959         (3)A university’s carry forward spending plan shall
  960  include the estimated cost per planned expenditure and a
  961  timeline for completion of the expenditure. Authorized
  962  expenditures in a carry forward spending plan may include:
  963         (a)Commitment of funds to a public education capital
  964  outlay project for which an appropriation has previously been
  965  provided that requires additional funds for completion and which
  966  is included in the list required by s. 1001.706(12)(d);
  967         (b)Completion of a renovation, repair, or maintenance
  968  project that is consistent with the provisions of s. 1013.64(1),
  969  up to $5 million per project and replacement of a minor facility
  970  that does not exceed 10,000 gross square feet in size up to $2
  971  million;
  972         (c)Completion of a remodeling or infrastructure project,
  973  including a project for a development research school, up to $10
  974  million per project, if such project is survey recommended
  975  pursuant to s. 1013.31;
  976         (d)Completion of a repair or replacement project necessary
  977  due to damage caused by a natural disaster for buildings
  978  included in the inventory required pursuant to s. 1013.31;
  979         (e)Operating expenditures that support the university
  980  mission and that are nonrecurring; and
  981         (f)Any purpose specified by the board or in the General
  982  Appropriations Act.
  983         (4)Annually, by September 30, the chief financial officer
  984  of each university shall certify the unexpended amount of funds
  985  appropriated to the university from the General Revenue Fund,
  986  the Educational Enhancement Trust Fund, and the
  987  Education/General Student and Other Fees Trust Fund as of June
  988  30 of the previous fiscal year.
  989         (5)A university may spend the minimum carryforward balance
  990  of 7 percent if a demonstrated emergency exists and the plan is
  991  approved by the university’s board of trustees and the Board of
  992  Governors.
  993         Section 16. Paragraph (b) of subsection (6) of section
  994  1011.80, Florida Statutes, is amended to read:
  995         1011.80 Funds for operation of workforce education
  996  programs.—
  997         (6)
  998         (b) Performance funding for industry certifications for
  999  school district workforce education programs is contingent upon
 1000  specific appropriation in the General Appropriations Act and
 1001  shall be determined as follows:
 1002         1. Occupational areas for which industry certifications may
 1003  be earned, as established in the General Appropriations Act, are
 1004  eligible for performance funding. Priority shall be given to the
 1005  occupational areas emphasized in state, national, or corporate
 1006  grants provided to Florida educational institutions.
 1007         2. The Chancellor of Career and Adult Education shall
 1008  identify the industry certifications eligible for funding on the
 1009  CAPE Postsecondary Industry Certification Funding List approved
 1010  by the State Board of Education pursuant to s. 1008.44, based on
 1011  the occupational areas specified in the General Appropriations
 1012  Act.
 1013         3. Each school district shall be provided $1,000 for each
 1014  industry certification earned by a workforce education student.
 1015  The maximum amount of funding appropriated for performance
 1016  funding pursuant to this paragraph shall be limited to $15
 1017  million annually. If funds are insufficient to fully fund the
 1018  calculated total award, such funds shall be prorated.
 1019         Section 17. Paragraph (c) of subsection (2) of section
 1020  1011.81, Florida Statutes, is amended to read:
 1021         1011.81 Florida College System Program Fund.—
 1022         (2) Performance funding for industry certifications for
 1023  Florida College System institutions is contingent upon specific
 1024  appropriation in the General Appropriations Act and shall be
 1025  determined as follows:
 1026         (c) Each Florida College System institution shall be
 1027  provided $1,000 for each industry certification earned by a
 1028  student. The maximum amount of funding appropriated for
 1029  performance funding pursuant to this subsection shall be limited
 1030  to $15 million annually. If funds are insufficient to fully fund
 1031  the calculated total award, such funds shall be prorated.
 1032         Section 18. Paragraph (e) of subsection (3) of section
 1033  1011.84, Florida Statutes, is amended to read:
 1034         1011.84 Procedure for determining state financial support
 1035  and annual apportionment of state funds to each Florida College
 1036  System institution district.—The procedure for determining state
 1037  financial support and the annual apportionment to each Florida
 1038  College System institution district authorized to operate a
 1039  Florida College System institution under the provisions of s.
 1040  1001.61 shall be as follows:
 1041         (3) DETERMINING THE APPORTIONMENT FROM STATE FUNDS.—
 1042         (e) If at any time the unencumbered balance in the general
 1043  fund of the Florida College System institution board of trustees
 1044  approved operating budget goes below 5 percent for a Florida
 1045  College System institution with a final FTE less than 15,000 for
 1046  the prior year, or below 7 percent for a Florida College System
 1047  institution with a final FTE of 15,000 or greater for the prior
 1048  year, the president shall provide written notification to the
 1049  State Board of Education. By September 30 of each year, the
 1050  chief financial officer of each Florida College System
 1051  institution shall certify the unexpended amount of state funds
 1052  remaining in the general fund of an institution as of June 30 of
 1053  the previous fiscal year.
 1054         Section 19. Subsection (4) of section 1013.40, Florida
 1055  Statutes, is amended to read:
 1056         1013.40 Planning and construction of Florida College System
 1057  institution facilities; property acquisition.—
 1058         (4) The campus of a Florida College System institution
 1059  within a municipality designated as an area of critical state
 1060  concern, as defined in s. 380.05, and having a comprehensive
 1061  plan and land development regulations containing a building
 1062  permit allocation system that limits annual growth, may
 1063  construct dormitories for up to 300 beds for Florida College
 1064  System institution students. Such dormitories are exempt from
 1065  the building permit allocation system and may be constructed up
 1066  to 45 feet in height if the dormitories are otherwise consistent
 1067  with the comprehensive plan, the Florida College System
 1068  institution has a hurricane evacuation plan that requires all
 1069  dormitory occupants to be evacuated 48 hours in advance of
 1070  tropical force winds, and transportation is provided for
 1071  dormitory occupants during an evacuation. State funds and
 1072  tuition and fee revenues may not be used for construction, debt
 1073  service payments, maintenance, or operation of such dormitories.
 1074  Additional dormitory beds constructed after July 1, 2016, may
 1075  not be financed through the issuance of bonds by the Florida
 1076  College System institution; however, bonds may be issued by
 1077  nonpublic entities as part of a public-private partnership
 1078  between the college and a nonpublic entity.
 1079         Section 20. Section 1013.841, Florida Statutes, is created
 1080  to read:
 1081         1013.841End of year balance of Florida College System
 1082  institution funds.—
 1083         (1)Unexpended amounts in any fund in any Florida College
 1084  System institution current year state operating budget shall be
 1085  carried forward and included as the balance forward for that
 1086  fund in the approved operating budget for the following year.
 1087         (2)(a)Each Florida College System institution with a final
 1088  FTE less than 15,000 for the prior year shall maintain a minimum
 1089  carry forward balance of at least 5 percent of its state
 1090  operating budget. If a Florida College System institution fails
 1091  to maintain a 5 percent balance in state operating funds, the
 1092  president shall provide written notification to the State Board
 1093  of Education.
 1094         (b)Each Florida College System institution with a final
 1095  FTE less than 15,000 for the prior year that retains a state
 1096  operating fund carry forward balance in excess of the 5 percent
 1097  minimum shall submit a spending plan for its excess carry
 1098  forward balance. The spending plan shall include all excess
 1099  carry forward funds from state operating funds. The spending
 1100  plan shall be submitted to the Florida College System
 1101  institution’s board of trustees for approval by September 1,
 1102  2020, and each September 1 thereafter. The State Board of
 1103  Education shall review and publish each Florida College System
 1104  institution’s carry forward spending plan by October 1, 2020,
 1105  and each October 1 thereafter.
 1106         (3)(a)Each Florida College System institution with a final
 1107  FTE of 15,000 or greater for the prior year shall maintain a
 1108  minimum carry forward balance of at least 7 percent of its state
 1109  operating budget. If a Florida College System institution fails
 1110  to maintain a 7 percent balance in state operating funds, the
 1111  institution shall submit a plan to the State Board of Education
 1112  to attain the minimum balance.
 1113         (b)Each Florida College System institution with a final
 1114  FTE of 15,000 or greater for the prior year that retains a state
 1115  operating fund carry forward balance in excess of the 7 percent
 1116  minimum shall submit a spending plan for its excess carry
 1117  forward balance. The spending plan shall include all excess
 1118  carry forward funds from state operating funds. The spending
 1119  plan shall be submitted to the Florida College System
 1120  institution’s board of trustees for approval by September 1,
 1121  2020, and each September 1 thereafter. The State Board of
 1122  Education shall review and publish each Florida College System
 1123  institution’s carry forward spending plan by October 1, 2020,
 1124  and each October 1 thereafter.
 1125         (4)A Florida College System institution identified in
 1126  paragraph (3)(a) must include in its carry forward spending plan
 1127  the estimated cost per planned expenditure and a timeline for
 1128  completion of the expenditure. Authorized expenditures in a
 1129  carry forward spending plan may include:
 1130         (a)Commitment of funds to a public education capital
 1131  outlay project for which an appropriation was previously
 1132  provided, which requires additional funds for completion, and
 1133  which is included in the list required by s. 1001.03(18)(d);
 1134         (b)Completion of a renovation, repair, or maintenance
 1135  project that is consistent with the provisions of s. 1013.64(1),
 1136  up to $5 million per project;
 1137         (c)Completion of a remodeling or infrastructure project,
 1138  up to $10 million per project, if such project is survey
 1139  recommended pursuant to s. 1013.31;
 1140         (d)Completion of a repair or replacement project necessary
 1141  due to damage caused by a natural disaster for buildings
 1142  included in the inventory required pursuant to s. 1013.31;
 1143         (e) Operating expenditures that support the Florida College
 1144  System institution’s mission which are nonrecurring; and
 1145         (f)Any purpose approved by the state board or specified in
 1146  the General Appropriations Act.
 1147         Section 21. This act shall take effect July 1, 2019.
 1148  
 1149  ================= T I T L E  A M E N D M E N T ================
 1150  And the title is amended as follows:
 1151         Delete lines 292 - 324
 1152  and insert:
 1153         An act relating to higher education; amending s.
 1154         11.45, F.S.; requiring the Auditor General to verify
 1155         the accuracy of unexpended amounts in specified funds
 1156         certified by university and Florida College System
 1157         institution chief financial officers; amending s.
 1158         215.985, F.S.; requiring employees and officers of
 1159         Florida College System institutions to be included in
 1160         a Department of Management Services website that
 1161         provides specified information relating to such
 1162         employees or officers; amending s. 1001.03, F.S.;
 1163         requiring the State Board of Education to develop a
 1164         prioritized list of capital projects; requiring the
 1165         state board to develop a points-based prioritization
 1166         method to rank projects based on specified criteria;
 1167         specifying that specified new projects at a Florida
 1168         College System institution must satisfy specified
 1169         criteria; requiring weighted values within the points
 1170         scale; requiring the state board to maintain a list of
 1171         capital outlay projects for which state funds have
 1172         been appropriated but which have not been completed;
 1173         requiring the state board to review its space need
 1174         calculation methodology and to present a summary and
 1175         preliminary recommendations to the chairs of the
 1176         legislative appropriations committees by a specified
 1177         date and at a specified interval thereafter; amending
 1178         s. 1001.706, F.S.; requiring the Board of Governors to
 1179         develop and annually deliver a training program for
 1180         members of state university boards of trustees;
 1181         requiring trustee participation within a specified
 1182         timeframe of appointment and reappointment; requiring
 1183         the inclusion of certain information in the training
 1184         program; requiring the board to define data components
 1185         and methodology for specified purposes; requiring
 1186         state universities to conduct and submit annual
 1187         institutional audits to the board’s Office of
 1188         Inspector General; requiring the board to match
 1189         certain student information with specified educational
 1190         and employment records; requiring the board to enter
 1191         into an agreement with the Department of Economic
 1192         Opportunity for certain purposes; providing
 1193         requirements for such agreement; requiring the board
 1194         to develop a specified prioritized list of capital
 1195         projects; requiring the board to develop a points
 1196         based prioritization method to rank projects based on
 1197         specified criteria; requiring the board to consider
 1198         specified criteria for certain projects; requiring
 1199         weighted values within the points scale; requiring the
 1200         board to maintain a list of capital outlay projects
 1201         for which state funds have been appropriated but which
 1202         have not been completed; requiring the Board of
 1203         Governors to review and submit its space need
 1204         calculation methodology; amending s. 1004.70, F.S.;
 1205         prohibiting a Florida College System institution
 1206         direct-support organization from giving, directly or
 1207         indirectly, any gift to a political committee;
 1208         amending s. 1007.23, F.S.; requiring, by a specified
 1209         academic year, Florida College System institutions and
 1210         state universities to execute agreements to establish
 1211         “2+2” targeted pathway programs; providing
 1212         requirements for such agreements; specifying
 1213         requirements for student participation; requiring the
 1214         State Board of Education and the Board of Governors to
 1215         collaborate to eliminate barriers in executing pathway
 1216         articulation agreements; amending s. 1008.32, F.S.;
 1217         requiring the Commissioner of Education to report
 1218         certain audit findings to the State Board of Education
 1219         under certain circumstances; requiring district school
 1220         boards and Florida College System institutions’ boards
 1221         of trustees to document compliance with the law under
 1222         certain circumstances; amending s. 1008.322, F.S.;
 1223         requiring the Chancellor of the State University
 1224         System to report certain audit findings to the Board
 1225         of Governors under certain circumstances; requiring
 1226         state universities’ boards of trustees to document
 1227         compliance with the law under certain circumstances;
 1228         amending s. 1009.215, F.S.; revising the academic
 1229         terms in which certain students are eligible to
 1230         receive Bright Futures Scholarships; providing that
 1231         such students may receive the scholarships for the
 1232         fall term for specified coursework under certain
 1233         circumstances; amending s. 1009.286, F.S.; requiring a
 1234         state university to calculate an excess hour threshold
 1235         for each student based on specified criteria;
 1236         providing that the excess hour threshold may be
 1237         adjusted only under certain circumstances; revising
 1238         the threshold for assessing the excess credit hour
 1239         surcharge; amending s. 1009.53, F.S.; removing a
 1240         requirement for a Florida high school graduate to
 1241         enroll in certain programs within 3 years of
 1242         graduation from high school in order to receive funds
 1243         from the Florida Bright Futures Scholarship Program;
 1244         expanding the Florida Bright Futures Scholarship
 1245         Program to include the Florida Gold Seal CAPE
 1246         Scholarship; conforming provisions to changes made by
 1247         the act; removing a limitation of 45 semester credit
 1248         hours or the equivalent for an annual award for the
 1249         scholarship program; requiring an institution that
 1250         receives scholarship funds for summer terms to certify
 1251         to the department certain funding information and
 1252         remit any undisbursed funds within a specified time;
 1253         amending s. 1009.531, F.S.; expanding the eligibility
 1254         for an initial award of a scholarship under the
 1255         Florida Bright Futures Scholarship Program to include
 1256         students who earn a high school diploma from a private
 1257         school; modifying the date by which certain students
 1258         must apply for a scholarship under the program;
 1259         deleting provisions relating to scholarship
 1260         eligibility and application requirements for certain
 1261         students who graduated from high school during
 1262         specified years; extending the amount of time in which
 1263         a student may reapply for an award to 5 years after
 1264         high school graduation; extending the amount of time
 1265         in which a student who enlists in the United States
 1266         Armed Forces immediately after high school may apply
 1267         for an award to 5 years after separation from active
 1268         duty; providing that a student who is unable to accept
 1269         an initial award due to a religious or service
 1270         obligation may apply for an award within 5 years after
 1271         the completion of his or her religious or service
 1272         obligation; requiring that school districts provide a
 1273         Florida Bright Futures Scholarship Evaluation Report
 1274         and Key only to students in specified grades; allowing
 1275         a student who does not meet certain requirements for a
 1276         program award additional time to meet such
 1277         requirements under certain conditions; providing that
 1278         such students who timely meet the requirements must
 1279         receive an award for the full academic year; revising
 1280         the minimum examination scores required for a student
 1281         to be eligible for a Florida Academic Scholars award
 1282         or a Florida Medallion Scholars award; requiring the
 1283         Department of Education to develop a method for
 1284         determining the required examination scores which
 1285         ensures equivalency between specified examinations and
 1286         is consistent with specified limitations; requiring
 1287         the department to publish any changes to examination
 1288         score requirements; conforming a provision to changes
 1289         made by the act; amending s. 1009.532, F.S.; revising
 1290         student eligibility requirements for renewal of
 1291         Florida Bright Futures Scholarship Program awards;
 1292         removing obsolete language; conforming provisions to
 1293         changes made by the act; amending s. 1009.536, F.S.;
 1294         permitting certain Florida Gold Seal CAPE Scholars to
 1295         receive an award from a specified funding source;
 1296         providing grade point average requirements for Florida
 1297         Gold Seal CAPE Scholars; removing limitations for
 1298         certain academic years on the number of credit hours
 1299         to which a student may apply a Florida Gold Seal
 1300         Vocational Scholarship; amending s. 1011.45, F.S.;
 1301         requiring each state university to maintain a minimum
 1302         carry forward balance of at least 7 percent of its
 1303         state operating budget; requiring a university that
 1304         fails to maintain such balance to submit a plan to the
 1305         Board of Governors to attain the minimum balance;
 1306         requiring each university with a carry forward balance
 1307         in excess of 7 percent to submit a spending plan to
 1308         the university board of trustees; specifying
 1309         requirements and authorized expenditures in such
 1310         spending plan; requiring each university chief
 1311         financial officer to certify annually the unexpended
 1312         amount of carry forward amounts from specified funds;
 1313         authorizing universities to spend specified balances
 1314         under certain conditions; amending s. 1011.80, F.S.;
 1315         removing a limitation on the maximum amount of funding
 1316         that may be appropriated for performance funding
 1317         relating to funds for operation of workforce education
 1318         programs; amending s. 1011.81, F.S.; removing a
 1319         limitation on the maximum amount of funding that may
 1320         be appropriated for performance funding relating to
 1321         industry certifications for Florida College System
 1322         institutions; amending s. 1011.84, F.S.; establishing
 1323         a threshold of the unencumbered balance at a Florida
 1324         College System institution based on the final FTE at
 1325         the Florida College System institution in the prior
 1326         year; requiring each Florida College System
 1327         institution chief financial officer to annually
 1328         certify the unexpended amount of specified funds;
 1329         amending s. 1013.40, F.S.; prohibiting the finance of
 1330         additional dormitory beds through the issuance of
 1331         bonds by Florida College System institutions;
 1332         providing that bonds may be issued by nonpublic
 1333         entities as part of a public-private partnership;
 1334         creating s. 1013.841, F.S.; requiring unexpended
 1335         amounts in any fund in any Florida College System
 1336         institution current year state operating budget to be
 1337         carried forward and included in the approved operating
 1338         budget for the following year; requiring each Florida
 1339         College System institution with a final FTE of less
 1340         than 15,000 to maintain a minimum carry forward
 1341         balance of at least 5 percent of its state operating
 1342         budget; requiring each Florida College System
 1343         institution president, if the institution fails to
 1344         maintain such balance, to provide written notification
 1345         to the State Board of Education; requiring each
 1346         Florida College System institution with a final FTE of
 1347         less than 15,000 that retains a state operating fund
 1348         carry forward balance in excess of 5 percent to submit
 1349         a spending plan for its excess carry forward funds
 1350         with specified requirements; requiring the State Board
 1351         of Education to annually review and publish such
 1352         spending plans by a specified date; requiring each
 1353         Florida College System institution with a final FTE of
 1354         15,000 or greater to maintain a minimum carry forward
 1355         balance of at least 7 percent of its state operating
 1356         budget; requiring the State Board of Education to
 1357         annually review and publish such spending plans by a
 1358         specified date; requiring each Florida College System
 1359         institution with a final FTE of 15,000 or greater that
 1360         retains a state operating fund carry forward balance
 1361         in excess of 7 percent to submit a spending plan for
 1362         its excess carry forward funds with specified
 1363         requirements; providing an effective date.