Florida Senate - 2019 SENATOR AMENDMENT
Bill No. CS/SB 190, 2nd Eng.
Ì285804.Î285804
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/RM . Floor: C
05/03/2019 09:17 PM . 05/03/2019 10:36 PM
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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 1013.841 End 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.