Florida Senate - 2020              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 72
       
       
       
       
       
                               Ì847972MÎ847972                          
       
       576-02782-20                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Education)
    1                        A bill to be entitled                      
    2         An act relating to postsecondary education; amending
    3         s. 1001.03, F.S.; clarifying requirements for new
    4         construction, remodeling, or renovation projects;
    5         amending s. 1001.7065, F.S.; requiring that certain
    6         academic and research excellence standards be reported
    7         annually in the accountability plan prepared by the
    8         Board of Governors; revising the academic and research
    9         excellence standards established for the preeminent
   10         state research universities program; establishing
   11         criteria for identifying state universities of
   12         distinction, rather than programs of excellence,
   13         throughout the State University System; authorizing
   14         the Board of Governors to annually submit, by a
   15         specified date, the programs for funding by the
   16         Legislature; amending s. 1004.085, F.S.; requiring
   17         certain innovative pricing techniques and payment
   18         options to contain an opt-out provision for students;
   19         amending s. 1004.346, F.S.; deleting a provision
   20         related to terms of Phosphate Research and Activities
   21         Board members; amending s. 1009.50, F.S.; revising a
   22         provision relating to the maximum annual grant amount;
   23         providing that students who receive a grant award in
   24         the fall or spring term may also receive an award in
   25         the summer term, subject to availability of funds;
   26         prohibiting institutions from dispensing grants to
   27         students whose expected family contribution exceeds a
   28         certain amount; requiring that the formula used to
   29         distribute funds for the program account for changes
   30         in the number of eligible students across all student
   31         assistance grant programs; requiring institutions to
   32         certify the amount of funds disbursed within a certain
   33         timeframe; requiring institutions to remit any
   34         undisbursed advances within a specified timeframe;
   35         providing an exception; requiring institutions that
   36         receive moneys through the program to submit to the
   37         department by a specified date a biennial report that
   38         includes a financial audit conducted by the Auditor
   39         General; authorizing the department to conduct its own
   40         annual or biennial audit under certain circumstances;
   41         authorizing the department to suspend or revoke an
   42         institution’s eligibility or request a refund of
   43         moneys overpaid to the institution under certain
   44         circumstances; providing a timeframe for such refunds;
   45         amending s. 1009.505, F.S.; requiring that grant
   46         awards administered through the Florida Public
   47         Postsecondary Career Education Student Assistance
   48         Grant Program not exceed a certain amount; providing
   49         that students who receive a grant award in the fall or
   50         spring term may also receive an award in the summer
   51         term, subject to the availability of funds; requiring
   52         the formula used to distribute funds for the program
   53         to account for changes in the number of eligible
   54         students across all student assistance grant programs;
   55         requiring institutions to certify within a certain
   56         timeframe the amount of funds disbursed; requiring
   57         institutions to remit within a specified timeframe any
   58         undisbursed advances; providing an exception;
   59         requiring institutions that receive moneys through the
   60         program to submit to the department by a specified
   61         date a biennial report that includes a financial audit
   62         conducted by the Auditor General; authorizing the
   63         department to conduct its own annual or biennial audit
   64         under certain circumstances; authorizing the
   65         department to suspend or revoke an institution’s
   66         eligibility or to request a refund of moneys overpaid
   67         to the institution under certain circumstances;
   68         authorizing funds appropriated for state student
   69         assistance grants to be deposited in a specified trust
   70         fund; requiring that any balance in the trust fund at
   71         the end of a fiscal year which has been allocated to
   72         the Florida Public Postsecondary Career Education
   73         Student Assistance Grant Program remain therein,
   74         subject to certain statutory exceptions; amending s.
   75         1009.51, F.S.; requiring that grant awards
   76         administered through the Florida Private Student
   77         Assistance Grant Program not exceed the maximum annual
   78         award amount specified in the General Appropriations
   79         Act; providing that students who receive an award in
   80         the fall or spring term may also receive an award in
   81         the summer term, subject to the availability of funds;
   82         prohibiting institutions from dispensing grants to
   83         students whose expected family contribution exceeds a
   84         certain amount; requiring that the formula used to
   85         distribute funds for the program account for changes
   86         in the number of eligible students across all student
   87         assistance grant programs; requiring institutions to
   88         certify within a certain timeframe the amount of funds
   89         disbursed; requiring institutions to remit within a
   90         specified timeframe any undisbursed advances;
   91         providing an exception; revising a requirement for a
   92         biennial report; amending s. 1009.52, F.S.; requiring
   93         that grants administered through the Florida
   94         Postsecondary Student Assistance Grant Program not
   95         exceed a certain annual award amount; providing that
   96         students who receive a grant award in the fall or
   97         spring term may also receive an award in the summer
   98         term, subject to the availability of funds;
   99         prohibiting institutions from dispensing grants to
  100         students whose expected family contribution exceeds a
  101         certain amount; requiring that the formula used to
  102         distribute funds for the program account for changes
  103         in the number of eligible students across all student
  104         assistance grant programs; requiring institutions to
  105         certify within a certain timeframe the amount of funds
  106         disbursed; requiring institutions to remit within a
  107         specified timeframe any undisbursed advances;
  108         providing an exception; revising a requirement for a
  109         biennial report; amending s. 1009.893, F.S.;
  110         specifying eligibility for initial awards under the
  111         Benacquisto Scholarship Program; revising requirements
  112         for a student to receive a renewal award; providing a
  113         timeframe within which students can receive an award;
  114         providing an exception to renewal requirements;
  115         amending s. 1011.45, F.S.; revising the date by which
  116         a spending plan must be submitted to a university’s
  117         board of trustees for approval; revising the date by
  118         which the Board of Governors must review and approve
  119         such spending plan; authorizing certain expenditures
  120         in a carry forward spending plan to include a
  121         commitment of funds to a contingency reserve for
  122         certain purposes; amending s. 1012.976, F.S.;
  123         requiring the Board of Governors to adopt regulations
  124         defining university faculty and administrative
  125         personnel classifications; amending s. 1013.841, F.S.;
  126         revising the dates by which a spending plan must be
  127         submitted to a Florida College System institution’s
  128         board of trustees for approval; revising the dates by
  129         which the State Board of Education shall review and
  130         publish such plans; authorizing certain expenditures
  131         in a carry forward spending plan to include a
  132         commitment of funds to a contingency reserve for
  133         certain purposes; providing an effective date.
  134          
  135  Be It Enacted by the Legislature of the State of Florida:
  136  
  137         Section 1. Paragraph (c) of subsection (18) of section
  138  1001.03, Florida Statutes, is amended to read:
  139         1001.03 Specific powers of State Board of Education.—
  140         (18) PUBLIC EDUCATION CAPITAL OUTLAY.—The State Board of
  141  Education shall develop and submit the prioritized list required
  142  by s. 1013.64(4). Projects considered for prioritization shall
  143  be chosen from a preliminary selection group which shall include
  144  the list of projects maintained pursuant to paragraph (d) and
  145  the top two priorities of each Florida College System
  146  institution.
  147         (c) A new construction, remodeling, or renovation project
  148  that has not received an appropriation in a previous year shall
  149  not be considered for inclusion on the prioritized list required
  150  by s. 1013.64(4), unless:
  151         1. A plan is provided to reserve funds in an escrow
  152  account, specific to the project, into which shall be deposited
  153  each year an amount of funds equal to 0.5 percent of the total
  154  value of the building for future maintenance;
  155         2. There exists are sufficient capacity within the cash and
  156  bonding estimate of funds by the Revenue Estimating Conference
  157  to accommodate the project excess funds from the allocation
  158  provided pursuant to s. 1013.60 within the 3-year Public
  159  Education Capital Outlay funding cycle planning period which are
  160  not needed to complete the projects listed pursuant to paragraph
  161  (d); and
  162         3. The project has been recommended pursuant to s. 1013.31.
  163         Section 2. Subsections (2), (5), and (7) of section
  164  1001.7065, Florida Statutes, are amended to read:
  165         1001.7065 Preeminent state research universities program.—
  166         (2) ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—The
  167  following academic and research excellence standards are
  168  established for the preeminent state research universities
  169  program and must be reported annually in the Board of Governors
  170  Accountability Plan:
  171         (a) An average weighted grade point average of 4.0 or
  172  higher on a 4.0 scale and an average SAT score of 1800 or higher
  173  on a 2400-point scale or 1200 or higher on a 1600-point scale
  174  for fall semester incoming freshmen, as reported annually.
  175         (b) A top-50 ranking on at least two well-known and highly
  176  respected national public university rankings, including, but
  177  not limited to, the U.S. News and World Report rankings,
  178  reflecting national preeminence, using most recent rankings.
  179         (c) A freshman retention rate of 90 percent or higher for
  180  full-time, first-time-in-college students, as reported annually
  181  to the Integrated Postsecondary Education Data System (IPEDS).
  182         (d) A 4-year graduation rate of 60 percent or higher for
  183  full-time, first-time-in-college students, as reported annually
  184  to the IPEDS. However, for the 2018 determination of a state
  185  university’s preeminence designation and the related
  186  distribution of the 2018-2019 fiscal year appropriation
  187  associated with preeminence and emerging preeminence, a
  188  university is considered to have satisfied this graduation rate
  189  measure by attaining a 6-year graduation rate of 70 percent or
  190  higher by October 1, 2017, for full-time, first-time-in-college
  191  students, as reported to the IPEDS and confirmed by the Board of
  192  Governors.
  193         (e) Six or more faculty members at the state university who
  194  are members of a national academy, as reported by the Center for
  195  Measuring University Performance in the Top American Research
  196  Universities (TARU) annual report or the official membership
  197  directories maintained by each national academy.
  198         (f) Total annual research expenditures, including federal
  199  research expenditures, of $200 million or more, as reported
  200  annually by the National Science Foundation (NSF).
  201         (g) Total annual research expenditures in diversified
  202  nonmedical sciences of $150 million or more, based on data
  203  reported annually by the NSF.
  204         (h) A top-100 university national ranking for research
  205  expenditures in five or more science, technology, engineering,
  206  or mathematics fields of study, as reported annually by the NSF.
  207         (i) One hundred or more total patents awarded by the United
  208  States Patent and Trademark Office for the most recent 3-year
  209  period.
  210         (j) Four hundred or more doctoral degrees awarded annually,
  211  including professional doctoral degrees awarded in medical and
  212  health care disciplines, as reported in the Board of Governors
  213  Annual Accountability Report.
  214         (k) Two hundred or more postdoctoral appointees annually,
  215  as reported in the TARU annual report.
  216         (l) An endowment of $500 million or more, as reported in
  217  the Board of Governors Annual Accountability Report.
  218         (5) PREEMINENT STATE RESEARCH UNIVERSITIES PROGRAM
  219  SUPPORT.—
  220         (a) A state university that is designated as a preeminent
  221  state research university shall submit to the Board of Governors
  222  a 5-year benchmark plan with target rankings on key performance
  223  metrics for national excellence. Upon approval by the Board of
  224  Governors, and upon the university’s meeting the benchmark plan
  225  goals annually, the Board of Governors shall award the
  226  university its proportionate share of any funds provided
  227  annually to support the program created under this section.
  228         (b) A state university designated as an emerging preeminent
  229  state research university shall submit for approval to the Board
  230  of Governors a 5-year benchmark plan with target rankings on key
  231  performance metrics for national excellence. Upon approval by
  232  the Board of Governors, and upon the university’s meeting the
  233  benchmark plan goals annually, the Board of Governors shall
  234  award the university its proportionate share of any funds
  235  provided annually to support the program created under this
  236  section.
  237         (c) The award of funds under this subsection is contingent
  238  upon funding provided by the Legislature to support the
  239  preeminent state research universities program created under
  240  this section. Funding increases appropriated beyond the amounts
  241  funded in the previous fiscal year shall be distributed as
  242  determined annually by the Legislature to as follows:
  243         1.each designated preeminent state research university
  244  that meets the criteria in paragraph (a) shall receive an equal
  245  amount of funding.
  246         2. Each designated emerging preeminent state research
  247  university that meets the criteria in paragraph (b) shall,
  248  beginning in the 2018-2019 fiscal year, receive an amount of
  249  funding that is equal to one-fourth of the total increased
  250  amount awarded to each designated preeminent state research
  251  university.
  252         (7) STATE UNIVERSITIES PROGRAMS OF DISTINCTION EXCELLENCE
  253  THROUGHOUT THE STATE UNIVERSITY SYSTEM.—The Board of Governors
  254  shall establish standards and measures that may be used in
  255  identifying state universities that focus on one core competency
  256  unique to the State University System and that achieve
  257  excellence at the national or state level, meet state workforce
  258  needs, and foster an innovation economy that focuses on such
  259  areas as health care, security, transportation, and science,
  260  technology, engineering, and mathematics (STEM), including
  261  supply chain management. By each January 1, the Board of
  262  Governors may submit such programs whereby individual
  263  undergraduate, graduate, and professional degree programs in
  264  state universities which objectively reflect national excellence
  265  can be identified and make recommendations to the Legislature
  266  for funding by September 1, 2018, as to how any such programs
  267  could be enhanced and promoted.
  268         Section 3. Subsection (4) of section 1004.085, Florida
  269  Statutes, is amended to read:
  270         1004.085 Textbook and instructional materials
  271  affordability.—
  272         (4) Each Florida College System institution and state
  273  university board of trustees is authorized to adopt policies in
  274  consultation with providers, including bookstores, which allow
  275  for the use of innovative pricing techniques and payment options
  276  for textbooks and instructional materials. Such policies may
  277  include bulk pricing arrangements that enable students to
  278  purchase course materials or texts that are delivered digitally;
  279  delivered through other technologies that are, or the licenses
  280  of which are, required for use within a course; or delivered in
  281  a print format. Innovative pricing techniques and payment
  282  options must include an opt-in or opt-out provision for students
  283  and may be approved only if there is documented evidence that
  284  the options reduce the cost of textbooks and instructional
  285  materials for students taking a course.
  286         Section 4. Paragraph (c) of subsection (2) of section
  287  1004.346, Florida Statutes, is amended to read:
  288         1004.346 Florida Industrial and Phosphate Research
  289  Institute.—
  290         (2) PHOSPHATE RESEARCH AND ACTIVITIES BOARD.—The Phosphate
  291  Research and Activities Board is created to monitor the
  292  expenditure of funds appropriated to the university from the
  293  Phosphate Research Trust Fund.
  294         (c) Members of the board appointed by the Governor shall be
  295  appointed to 3-year terms. A board member may continue to serve
  296  until a successor is appointed, but not more than 180 days after
  297  the expiration of his or her term. A board member is eligible
  298  for reappointment to subsequent terms.
  299         Section 5. Section 1009.50, Florida Statutes, is amended to
  300  read:
  301         1009.50 Florida Public Student Assistance Grant Program;
  302  eligibility for grants.—
  303         (1) There is hereby created a Florida Public Student
  304  Assistance Grant Program. The program shall be administered by
  305  the participating institutions in accordance with rules of the
  306  state board.
  307         (2)(a) State student assistance grants through the program
  308  may be made only to degree-seeking students who enroll in at
  309  least 6 semester hours, or the equivalent per term, and who meet
  310  the general requirements for student eligibility as provided in
  311  s. 1009.40, except as otherwise provided in this section. The
  312  grants shall be awarded annually for the amount of demonstrated
  313  unmet need for the cost of education and may not exceed the
  314  maximum annual award an amount equal to the average prior
  315  academic year cost of tuition fees and other registration fees
  316  for 30 credit hours at state universities or such other amount
  317  as specified in the General Appropriations Act, to any
  318  recipient. A demonstrated unmet need of less than $200 shall
  319  render the applicant ineligible for a state student assistance
  320  grant. Recipients of the grants must have been accepted at a
  321  state university or Florida College System institution
  322  authorized by Florida law. If funds are available, a student who
  323  received an award in the fall or spring term may receive a
  324  summer term award. A student is eligible for the award for 110
  325  percent of the number of credit hours required to complete the
  326  program in which enrolled, except as otherwise provided in s.
  327  1009.40(3).
  328         (b) A student applying for a Florida public student
  329  assistance grant shall be required to apply for the Pell Grant.
  330  The Pell Grant entitlement shall be considered when conducting
  331  an assessment of the financial resources available to each
  332  student.
  333         (c) Priority in the distribution of grant moneys shall be
  334  given to students with the lowest total family resources, in
  335  accordance with a nationally recognized system of need analysis.
  336  Using the system of need analysis, the department shall
  337  establish a maximum expected family contribution. An institution
  338  may not make a grant from this program to a student whose
  339  expected family contribution exceeds one and one-half times the
  340  maximum Pell Grant-eligible family contribution level
  341  established by the department. An institution may not impose
  342  additional criteria to determine a student’s eligibility to
  343  receive a grant award.
  344         (d) Each participating institution shall report, to the
  345  department by the established date, the eligible students
  346  eligible for the program for to whom grant moneys are disbursed
  347  each academic term. Each institution shall also report to the
  348  department necessary demographic and eligibility data for such
  349  students.
  350         (3) Based on the unmet financial need of an eligible
  351  applicant, the amount of a Florida public student assistance
  352  grant must be between $200 and the weighted average of the cost
  353  of tuition and other registration fees for 30 credit hours at
  354  state universities per academic year or the amount specified in
  355  the General Appropriations Act.
  356         (4)(a) The funds appropriated for the Florida Public
  357  Student Assistance Grant shall be distributed to eligible
  358  institutions in accordance with a formula approved by the State
  359  Board of Education. The formula must shall consider at least the
  360  prior year’s distribution of funds, the number of full-time
  361  eligible applicants who did not receive awards, the
  362  standardization of the expected family contribution, and
  363  provisions for unused funds. The formula must account for
  364  changes in the number of eligible students across all student
  365  assistance grant programs established pursuant to this section
  366  and ss. 1009.505, 1009.51, and 1009.52.
  367         (b) Payment of Florida public student assistance grants
  368  shall be transmitted to the president of the state university or
  369  Florida College System institution, or to his or her
  370  representative, in advance of the registration period.
  371  Institutions shall notify students of the amount of their
  372  awards.
  373         (c) The eligibility status of each student to receive a
  374  disbursement shall be determined by each institution as of the
  375  end of its regular registration period, inclusive of a drop-add
  376  period. Institutions shall not be required to reevaluate a
  377  student’s eligibility status after this date for purposes of
  378  changing eligibility determinations previously made.
  379         (d) Institutions shall certify to the department within 30
  380  days after the end of regular registration each term the amount
  381  of funds disbursed to each student and shall remit to the
  382  department any undisbursed advances within 60 days after the end
  383  of regular registration each spring term any advances by June 1
  384  of each year. An exception to the remittance deadline may be
  385  granted if the institution documents to the department how it
  386  plans to disburse awards to students for the subsequent summer
  387  term. An institution that uses funds for the summer term shall
  388  certify to the department the amount of funds disbursed to each
  389  student and shall remit to the department any undisbursed
  390  advances within 30 days after the end of the summer term.
  391         (e) Each institution that receives moneys through the
  392  Florida Public Student Assistance Grant Program shall prepare a
  393  biennial report that includes a financial audit, conducted by
  394  the Auditor General, of the institution’s administration of the
  395  program and a complete accounting of moneys allocated to the
  396  institution for the program. Such report shall be submitted to
  397  the department by March 1 every other year. The department may
  398  conduct its own annual or biennial audit of an institution’s
  399  administration of the program and its allocated funds in lieu of
  400  the required biennial report and financial audit report. The
  401  department may suspend or revoke an institution’s eligibility to
  402  receive future moneys for the program or may request a refund of
  403  any moneys overpaid to the institution for the program if the
  404  department finds that an institution has not complied with this
  405  section. Any refund requested pursuant to this paragraph shall
  406  be remitted within 60 days after notification by the department.
  407         (5) Funds appropriated by the Legislature for state student
  408  assistance grants may be deposited in the State Student
  409  Financial Assistance Trust Fund. Notwithstanding the provisions
  410  of s. 216.301 and pursuant to s. 216.351, any balance in the
  411  trust fund at the end of any fiscal year which has been
  412  allocated to the Florida Public Student Assistance Grant Program
  413  shall remain therein and shall be available for carrying out the
  414  purposes of this section.
  415         (6) The State Board of Education shall establish rules
  416  necessary to implement this section.
  417         Section 6. Present subsections (5) and (6) of section
  418  1009.505, Florida Statutes, are redesignated as subsections (6)
  419  and (7), respectively, a new subsection (5) is added to that
  420  section, and subsections (3) and (4) of that section are
  421  amended, to read:
  422         1009.505 Florida Public Postsecondary Career Education
  423  Student Assistance Grant Program.—
  424         (3)(a) Student assistance grants through the program may be
  425  made only to certificate-seeking students enrolled at least
  426  half-time in a public postsecondary career certificate program
  427  who meet the general requirements for student eligibility as
  428  provided in s. 1009.40, except as otherwise provided in this
  429  section. The grants shall be awarded annually to any recipient
  430  for the amount of demonstrated unmet need for the cost of
  431  education and may not exceed the average annual cost of tuition
  432  and registration fees or such other amount as specified in the
  433  General Appropriations Act. A demonstrated unmet need of less
  434  than $200 shall render the applicant ineligible for a grant
  435  under this section. Recipients of the grants must have been
  436  accepted at a Florida College System institution authorized by
  437  Florida law or a career center operated by a district school
  438  board under s. 1001.44. If funds are available, a student who
  439  received an award in the fall or spring term may receive a
  440  summer term award. A student is eligible for the award for 110
  441  percent of the number of clock hours required to complete the
  442  program in which enrolled.
  443         (b) A student applying for a Florida public postsecondary
  444  career education student assistance grant shall be required to
  445  apply for the Pell Grant. A Pell Grant entitlement shall be
  446  considered when conducting an assessment of the financial
  447  resources available to each student; however, a Pell Grant
  448  entitlement shall not be required as a condition of receiving a
  449  grant under this section.
  450         (c) Each participating institution shall report, to the
  451  department by the established date, the eligible students
  452  eligible for the program for to whom grant moneys are disbursed
  453  each academic term. Each institution shall also report to the
  454  department necessary demographic and eligibility data for such
  455  students.
  456         (4)(a) The funds appropriated for the Florida Public
  457  Postsecondary Career Education Student Assistance Grant Program
  458  shall be distributed to eligible Florida College System
  459  institutions and district school boards in accordance with a
  460  formula approved by the department. The formula must account for
  461  changes in the number of eligible students across all student
  462  assistance grant programs established pursuant to this section
  463  and ss. 1009.50, 1009.51, and 1009.52.
  464         (b) Payment of Florida public postsecondary career
  465  education student assistance grants shall be transmitted to the
  466  president of the Florida College System institution or to the
  467  district school superintendent, or to the designee thereof, in
  468  advance of the registration period. Institutions shall notify
  469  students of the amount of their awards.
  470         (c) The eligibility status of each student to receive a
  471  disbursement shall be determined by each institution as of the
  472  end of its regular registration period, inclusive of a drop-add
  473  period. Institutions shall not be required to reevaluate a
  474  student’s eligibility status after this date for purposes of
  475  changing eligibility determinations previously made.
  476         (d) Participating institutions shall certify to the
  477  department within 30 days after the end of regular registration
  478  each term the amount of funds disbursed to each student and
  479  shall remit to the department any undisbursed advances within 60
  480  days after the end of regular registration each spring term by
  481  June 1 of each year. An exception to the remittance deadline may
  482  be granted if the institution documents to the department how it
  483  plans to disburse awards to students for the subsequent summer
  484  term. An institution that uses funds for the summer term shall
  485  certify to the department the amount of funds disbursed to each
  486  student and shall remit to the department any undisbursed
  487  advances within 30 days after the end of the summer term.
  488         (e) Each institution that receives moneys through the
  489  Florida Public Postsecondary Career Education Student Assistance
  490  Grant Program shall prepare a biennial report that includes a
  491  financial audit, conducted by the Auditor General, of the
  492  institution’s administration of the program and a complete
  493  accounting of moneys allocated to the institution for the
  494  program. Such report shall be submitted to the department by
  495  March 1 every other year. The department may conduct its own
  496  annual or biennial audit of an institution’s administration of
  497  the program and its allocated funds in lieu of the required
  498  biennial report and financial audit report. The department may
  499  suspend or revoke an institution’s eligibility to receive future
  500  moneys for the program or may request a refund of any moneys
  501  overpaid to the institution if the department finds that an
  502  institution has not complied with this section. Any refund
  503  requested pursuant to this paragraph shall be remitted within 60
  504  days after notification by the department.
  505         (5) Funds appropriated by the Legislature for state student
  506  assistance grants may be deposited in the State Student
  507  Financial Assistance Trust Fund. Notwithstanding s. 216.301, and
  508  pursuant to s. 216.351, any balance in the trust fund at the end
  509  of any fiscal year which has been allocated to the Florida
  510  Public Postsecondary Career Education Student Assistance Grant
  511  Program shall remain therein and shall be available for carrying
  512  out the purposes of this section.
  513         Section 7. Section 1009.51, Florida Statutes, is amended to
  514  read:
  515         1009.51 Florida Private Student Assistance Grant Program;
  516  eligibility for grants.—
  517         (1) There is created a Florida Private Student Assistance
  518  Grant Program. The program shall be administered by the
  519  participating institutions in accordance with rules of the State
  520  Board of Education.
  521         (2)(a) Florida private student assistance grants from the
  522  State Student Financial Assistance Trust Fund may be made only
  523  to full-time degree-seeking students who meet the general
  524  requirements for student eligibility as provided in s. 1009.40,
  525  except as otherwise provided in this section. Such grants shall
  526  be awarded for the amount of demonstrated unmet need for tuition
  527  and fees and may not exceed the maximum annual award an amount
  528  equal to the average tuition and other registration fees for 30
  529  credit hours at state universities plus $1,000 per academic
  530  year, or as specified in the General Appropriations Act, to any
  531  applicant. A demonstrated unmet need of less than $200 shall
  532  render the applicant ineligible for a Florida private student
  533  assistance grant. Recipients of such grants must have been
  534  accepted at a baccalaureate-degree-granting independent
  535  nonprofit college or university, which is accredited by the
  536  Commission on Colleges of the Southern Association of Colleges
  537  and Schools and which is located in and chartered as a domestic
  538  corporation by the state. If funds are available, a student who
  539  received an award in the fall or spring term may receive a
  540  summer term award. No student may receive an award for more than
  541  the equivalent of 9 semesters or 14 quarters of full-time
  542  enrollment, except as otherwise provided in s. 1009.40(3).
  543         (b) A student applying for a Florida private student
  544  assistance grant shall be required to apply for the Pell Grant.
  545  The Pell Grant entitlement shall be considered when conducting
  546  an assessment of the financial resources available to each
  547  student.
  548         (c) Priority in the distribution of grant moneys shall be
  549  given to students with the lowest total family resources, in
  550  accordance with a nationally recognized system of need analysis.
  551  Using the system of need analysis, the department shall
  552  establish a maximum expected family contribution. An institution
  553  may not make a grant from this program to a student whose
  554  expected family contribution exceeds one and one-half times the
  555  maximum Pell Grant-eligible family contribution level
  556  established by the department. An institution may not impose
  557  additional criteria to determine a student’s eligibility to
  558  receive a grant award.
  559         (d) Each participating institution shall report, to the
  560  department by the established date, the eligible students
  561  eligible for the program for to whom grant moneys are disbursed
  562  each academic term. Each institution shall also report to the
  563  department necessary demographic and eligibility data for such
  564  students.
  565         (3) Based on the unmet financial need of an eligible
  566  applicant, the amount of a Florida private student assistance
  567  grant must be between $200 and the average cost of tuition and
  568  other registration fees for 30 credit hours at state
  569  universities plus $1,000 per academic year or the amount
  570  specified in the General Appropriations Act.
  571         (4)(a) The funds appropriated for the Florida Private
  572  Student Assistance Grant shall be distributed to eligible
  573  institutions in accordance with a formula approved by the State
  574  Board of Education. The formula must shall consider at least the
  575  prior year’s distribution of funds, the number of full-time
  576  eligible applicants who did not receive awards, the
  577  standardization of the expected family contribution, and
  578  provisions for unused funds. The formula must account for
  579  changes in the number of eligible students across all student
  580  assistance grant programs established pursuant to this section
  581  and ss. 1009.50, 1009.505, and 1009.52.
  582         (b) Payment of Florida private student assistance grants
  583  shall be transmitted to the president of the college or
  584  university, or to his or her representative, in advance of the
  585  registration period. Institutions shall notify students of the
  586  amount of their awards.
  587         (c) The eligibility status of each student to receive a
  588  disbursement shall be determined by each institution as of the
  589  end of its regular registration period, inclusive of a drop-add
  590  period. Institutions shall not be required to reevaluate a
  591  student’s eligibility status after this date for purposes of
  592  changing eligibility determinations previously made.
  593         (d) Institutions shall certify to the department within 30
  594  days after the end of regular registration each term the amount
  595  of funds disbursed to each student and shall remit to the
  596  department any undisbursed advances within 60 days after the end
  597  of regular registration each spring term by June 1 of each year.
  598  An exception to the remittance deadline may be granted if the
  599  institution documents to the department how it plans to disburse
  600  awards to students for the subsequent summer term. An
  601  institution that uses funds for the summer term shall certify to
  602  the department the amount of funds disbursed to each student and
  603  shall remit to the department any undisbursed advances within 30
  604  days after the end of the summer term.
  605         (e) Each institution that receives moneys through the
  606  Florida Private Student Assistance Grant Program shall prepare a
  607  biennial report that includes a financial audit, conducted by an
  608  independent certified public accountant, of the institution’s
  609  administration of the program and a complete accounting of
  610  moneys in the State Student Financial Assistance Trust Fund
  611  allocated to the institution for the program. Such report shall
  612  be submitted to the department by March 1 every other year. The
  613  department may conduct its own annual or biennial audit of an
  614  institution’s administration of the program and its allocated
  615  funds in lieu of the required biennial report and financial
  616  audit report. The department may suspend or revoke an
  617  institution’s eligibility to receive future moneys from the
  618  trust fund for the program or request a refund of any moneys
  619  overpaid to the institution through the trust fund for the
  620  program if the department finds that an institution has not
  621  complied with the provisions of this section. Any refund
  622  requested pursuant to this paragraph shall be remitted within 60
  623  days after notification by the department.
  624         (5) Funds appropriated by the Legislature for Florida
  625  private student assistance grants may be deposited in the State
  626  Student Financial Assistance Trust Fund. Notwithstanding the
  627  provisions of s. 216.301 and pursuant to s. 216.351, any balance
  628  in the trust fund at the end of any fiscal year which has been
  629  allocated to the Florida Private Student Assistance Grant
  630  Program shall remain therein and shall be available for carrying
  631  out the purposes of this section and as otherwise provided by
  632  law.
  633         (6) The State Board of Education shall adopt rules
  634  necessary to implement this section.
  635         Section 8. Section 1009.52, Florida Statutes, is amended to
  636  read:
  637         1009.52 Florida Postsecondary Student Assistance Grant
  638  Program; eligibility for grants.—
  639         (1) There is created a Florida Postsecondary Student
  640  Assistance Grant Program. The program shall be administered by
  641  the participating institutions in accordance with rules of the
  642  State Board of Education.
  643         (2)(a) Florida postsecondary student assistance grants
  644  through the State Student Financial Assistance Trust Fund may be
  645  made only to full-time degree-seeking students who meet the
  646  general requirements for student eligibility as provided in s.
  647  1009.40, except as otherwise provided in this section. Such
  648  grants shall be awarded for the amount of demonstrated unmet
  649  need for tuition and fees and may not exceed the maximum annual
  650  award an amount equal to the average prior academic year cost of
  651  tuition and other registration fees for 30 credit hours at state
  652  universities plus $1,000 per academic year, or as specified in
  653  the General Appropriations Act, to any applicant. A demonstrated
  654  unmet need of less than $200 shall render the applicant
  655  ineligible for a Florida postsecondary student assistance grant.
  656  Recipients of such grants must have been accepted at a
  657  postsecondary institution that is located in this the state and
  658  that is:
  659         1. A private nursing diploma school approved by the Florida
  660  Board of Nursing; or
  661         2. A college or university licensed by the Commission for
  662  Independent Education, excluding those institutions the students
  663  of which are eligible to receive a Florida private student
  664  assistance grant pursuant to s. 1009.51.
  665  
  666  If funds are available, a student who received an award in the
  667  fall or spring term may receive a summer term award. No student
  668  may receive an award for more than the equivalent of 9 semesters
  669  or 14 quarters of full-time enrollment, except as otherwise
  670  provided in s. 1009.40(3).
  671         (b) A student applying for a Florida postsecondary student
  672  assistance grant shall be required to apply for the Pell Grant.
  673  The Pell Grant entitlement shall be considered when conducting
  674  an assessment of the financial resources available to each
  675  student.
  676         (c) Priority in the distribution of grant moneys shall be
  677  given to students with the lowest total family resources, in
  678  accordance with a nationally recognized system of need analysis.
  679  Using the system of need analysis, the department shall
  680  establish a maximum expected family contribution. An institution
  681  may not make a grant from this program to a student whose
  682  expected family contribution exceeds one and one-half times the
  683  maximum Pell Grant-eligible family contribution level
  684  established by the department. An institution may not impose
  685  additional criteria to determine a student’s eligibility to
  686  receive a grant award.
  687         (d) Each participating institution shall report, to the
  688  department by the established date, the eligible students
  689  eligible for the program for to whom grant moneys are disbursed
  690  each academic term. Each institution shall also report to the
  691  department necessary demographic and eligibility data for such
  692  students.
  693         (3) Based on the unmet financial need of an eligible
  694  applicant, the amount of a Florida postsecondary student
  695  assistance grant must be between $200 and the average cost of
  696  tuition and other registration fees for 30 credit hours at state
  697  universities plus $1,000 per academic year or the amount
  698  specified in the General Appropriations Act.
  699         (4)(a) The funds appropriated for the Florida Postsecondary
  700  Student Assistance Grant shall be distributed to eligible
  701  institutions in accordance with a formula approved by the State
  702  Board of Education. The formula must shall consider at least the
  703  prior year’s distribution of funds, the number of full-time
  704  eligible applicants who did not receive awards, the
  705  standardization of the expected family contribution, and
  706  provisions for unused funds. The formula must account for
  707  changes in the number of eligible students across all student
  708  assistance grant programs established pursuant to this section
  709  and ss. 1009.50, 1009.505, and 1009.51.
  710         (b) Payment of Florida postsecondary student assistance
  711  grants shall be transmitted to the president of the eligible
  712  institution, or to his or her representative, in advance of the
  713  registration period. Institutions shall notify students of the
  714  amount of their awards.
  715         (c) The eligibility status of each student to receive a
  716  disbursement shall be determined by each institution as of the
  717  end of its regular registration period, inclusive of a drop-add
  718  period. Institutions shall not be required to reevaluate a
  719  student’s eligibility status after this date for purposes of
  720  changing eligibility determinations previously made.
  721         (d) Institutions shall certify to the department within 30
  722  days after the end of regular registration each term the amount
  723  of funds disbursed to each student and shall remit to the
  724  department any undisbursed advances within 60 days after the end
  725  of regular registration each spring term by June 1 of each year.
  726  An exception to the remittance deadline may be granted if the
  727  institution documents to the department how it plans to disburse
  728  awards to students for the subsequent summer term. An
  729  institution that uses funds for the summer term shall certify to
  730  the department the amount of funds disbursed to each student and
  731  shall remit to the department any undisbursed advances within 30
  732  days after the end of the summer term.
  733         (e) Each institution that receives moneys through the
  734  Florida Postsecondary Student Assistance Grant Program shall
  735  prepare a biennial report that includes a financial audit,
  736  conducted by an independent certified public accountant, of the
  737  institution’s administration of the program and a complete
  738  accounting of moneys in the State Student Financial Assistance
  739  Trust Fund allocated to the institution for the program. Such
  740  report shall be submitted to the department by March 1 every
  741  other year. The department may conduct its own annual or
  742  biennial audit of an institution’s administration of the program
  743  and its allocated funds in lieu of the required biennial report
  744  and financial audit report. The department may suspend or revoke
  745  an institution’s eligibility to receive future moneys from the
  746  trust fund for the program or request a refund of any moneys
  747  overpaid to the institution through the trust fund for the
  748  program if the department finds that an institution has not
  749  complied with the provisions of this section. Any refund
  750  requested pursuant to this paragraph shall be remitted within 60
  751  days after notification by the department.
  752         (5) Any institution that was eligible to receive state
  753  student assistance grants on January 1, 1989, and that is not
  754  eligible to receive grants pursuant to s. 1009.51 is eligible to
  755  receive grants pursuant to this section.
  756         (6) Funds appropriated by the Legislature for Florida
  757  postsecondary student assistance grants may be deposited in the
  758  State Student Financial Assistance Trust Fund. Notwithstanding
  759  the provisions of s. 216.301 and pursuant to s. 216.351, any
  760  balance in the trust fund at the end of any fiscal year which
  761  has been allocated to the Florida Postsecondary Student
  762  Assistance Grant Program shall remain therein and shall be
  763  available for carrying out the purposes of this section and as
  764  otherwise provided by law.
  765         (7) The State Board of Education shall adopt rules
  766  necessary to implement this section.
  767         Section 9. Subsections (2), (4), (5), and (6) of section
  768  1009.893, Florida Statutes, are amended to read:
  769         1009.893 Benacquisto Scholarship Program.—
  770         (2) The Benacquisto Scholarship Program is created to
  771  reward a high school graduate who receives recognition as a
  772  National Merit Scholar or National Achievement Scholar and who
  773  initially enrolls in the 2014-2015 academic year or, later, in a
  774  baccalaureate degree program at an eligible Florida public or
  775  independent postsecondary educational institution.
  776         (4) In order to be eligible for an initial award under the
  777  scholarship program, a student must meet the requirements of
  778  paragraph (a) or paragraph (b).
  779         (a) A student who is a resident of this state, as
  780  determined in s. 1009.40 and rules of the State Board of
  781  Education, must:
  782         1. Earn a standard Florida high school diploma or its
  783  equivalent pursuant to s. 1002.3105, s. 1003.4281, s. 1003.4282,
  784  or s. 1003.435 unless:
  785         a. The student completes a home education program according
  786  to s. 1002.41; or
  787         b. The student earns a high school diploma from a non
  788  Florida school while living with a parent who is on military or
  789  public service assignment out of this state;
  790         2. Be accepted by and enroll in a Florida public or
  791  independent postsecondary educational institution that is
  792  regionally accredited; and
  793         3. Be enrolled full-time in a baccalaureate degree program
  794  at an eligible regionally accredited Florida public or
  795  independent postsecondary educational institution during the
  796  fall academic term following high school graduation.
  797         (b) A student who initially enrolls in a baccalaureate
  798  degree program in the 2018-2019 academic year or later and who
  799  is not a resident of this state, as determined in s. 1009.40 and
  800  rules of the State Board of Education, must:
  801         1. Physically reside in this state on or near the campus of
  802  the postsecondary educational institution in which the student
  803  is enrolled;
  804         2. Earn a high school diploma from a school outside Florida
  805  which is comparable to a standard Florida high school diploma or
  806  its equivalent pursuant to s. 1002.3105, s. 1003.4281, s.
  807  1003.4282, or s. 1003.435 or must complete a home education
  808  program in another state; and
  809         3. Be accepted by and enrolled full-time in a baccalaureate
  810  degree program at an eligible regionally accredited Florida
  811  public or independent postsecondary educational institution
  812  during the fall academic term following high school graduation.
  813         (5)(a)1. An eligible student who meets the requirements of
  814  paragraph (4)(a), who is a National Merit Scholar or National
  815  Achievement Scholar, and who attends a Florida public
  816  postsecondary educational institution shall receive a
  817  scholarship award equal to the institutional cost of attendance
  818  minus the sum of the student’s Florida Bright Futures
  819  Scholarship and National Merit Scholarship or National
  820  Achievement Scholarship.
  821         2. An eligible student who meets the requirements of
  822  paragraph (4)(b), who is a National Merit Scholar, and who
  823  attends a Florida public postsecondary educational institution
  824  shall receive a scholarship award equal to the institutional
  825  cost of attendance for a resident of this state minus the
  826  student’s National Merit Scholarship. Such student is exempt
  827  from the payment of out-of-state fees.
  828         (b) An eligible student who is a National Merit Scholar or
  829  National Achievement Scholar and who attends a Florida
  830  independent postsecondary educational institution shall receive
  831  a scholarship award equal to the highest cost of attendance for
  832  a resident of this state enrolled at a Florida public
  833  university, as reported by the Board of Governors of the State
  834  University System, minus the sum of the student’s Florida Bright
  835  Futures Scholarship and National Merit Scholarship or National
  836  Achievement Scholarship.
  837         (6)(a) To be eligible for a renewal award, a student must
  838  be enrolled full time, earn all credits for which he or she was
  839  enrolled, and maintain a 3.0 or higher grade point average. An
  840  eligible Benacquisto Scholar who has fewer than 12 credits
  841  remaining to complete his or her first baccalaureate degree may
  842  receive funding for one term in order to complete the degree.
  843         (b) A student’s renewal status is not affected by
  844  subsequent changes in the residency status of the student or the
  845  residency status of the student’s family.
  846         (c)(b) A student may receive the scholarship award for a
  847  maximum of 100 percent of the number of credit hours required to
  848  complete a baccalaureate degree program, or until completion of
  849  a baccalaureate degree program, whichever comes first.
  850         (d) A student may receive an award for up to 5 years
  851  following high school graduation and may not receive the award
  852  for more than 10 semesters.
  853         (e) A student who receives an award under this program and
  854  fails to meet the renewal requirements due to a verifiable
  855  illness or other documented emergency may be granted an
  856  exception pursuant to s. 1009.40(1)(b)4.
  857         Section 10. Section 1011.45, Florida Statutes, is amended
  858  to read:
  859         1011.45 End of year balance of funds.—Unexpended amounts in
  860  any fund in a university current year operating budget shall be
  861  carried forward and included as the balance forward for that
  862  fund in the approved operating budget for the following year.
  863         (1) Each university shall maintain a minimum carry forward
  864  balance of at least 7 percent of its state operating budget. If
  865  a university fails to maintain a 7 percent balance in state
  866  operating funds, the university shall submit a plan to the Board
  867  of Governors to attain the 7 percent balance of state operating
  868  funds within the next fiscal year.
  869         (2) Each university that retains a state operating fund
  870  carry forward balance in excess of the 7 percent minimum shall
  871  submit a spending plan for its excess carry forward balance. The
  872  spending plan shall be submitted to the university’s board of
  873  trustees for review, approval, or, if necessary, amendment by
  874  September 30 1, 2020, and each September 30 1 thereafter. The
  875  Board of Governors shall review, approve, and amend, if
  876  necessary, each university’s carry forward spending plan by
  877  November 15 October 1, 2020, and each November 15 October 1
  878  thereafter.
  879         (3) A university’s carry forward spending plan shall
  880  include the estimated cost per planned expenditure and a
  881  timeline for completion of the expenditure. Authorized
  882  expenditures in a carry forward spending plan may include:
  883         (a) Commitment of funds to a public education capital
  884  outlay project for which an appropriation has previously been
  885  provided that requires additional funds for completion and which
  886  is included in the list required by s. 1001.706(12)(d);
  887         (b) Completion of a renovation, repair, or maintenance
  888  project that is consistent with the provisions of s. 1013.64(1),
  889  up to $5 million per project, and replacement of a minor
  890  facility that does not exceed 10,000 gross square feet in size
  891  up to $2 million;
  892         (c) Completion of a remodeling or infrastructure project,
  893  including a project for a development research school, up to $10
  894  million per project, if such project is survey recommended
  895  pursuant to s. 1013.31;
  896         (d) Completion of a repair or replacement project necessary
  897  due to damage caused by a natural disaster for buildings
  898  included in the inventory required pursuant to s. 1013.31;
  899         (e) Operating expenditures that support the university
  900  mission and that are nonrecurring; and
  901         (f) Any purpose specified by the board or in the General
  902  Appropriations Act; and
  903         (g)A commitment of funds to a contingency reserve to
  904  assist in addressing unforeseen circumstances that may arise,
  905  including natural disasters and other emergencies.
  906         (4) Annually, by September 30, the chief financial officer
  907  of each university shall certify the unexpended amount of funds
  908  appropriated to the university from the General Revenue Fund,
  909  the Educational Enhancement Trust Fund, and the
  910  Education/General Student and Other Fees Trust Fund as of June
  911  30 of the previous fiscal year.
  912         (5) A university may spend the minimum carry forward
  913  carryforward balance of 7 percent if a demonstrated emergency
  914  exists and the plan is approved by the university’s board of
  915  trustees and the Board of Governors.
  916         Section 11. Subsection (3) of section 1012.976, Florida
  917  Statutes, is amended to read:
  918         1012.976 Remuneration of state university administrative
  919  employees; limitations.—
  920         (3) EXCEPTIONS.—This section does not prohibit any party
  921  from providing cash or cash-equivalent compensation from funds
  922  that are not appropriated state funds to a state university
  923  administrative employee in excess of the limit in subsection
  924  (2). If a party is unable or unwilling to fulfill an obligation
  925  to provide cash or cash-equivalent compensation to a state
  926  university administrative employee as permitted under this
  927  subsection, appropriated state funds may not be used to fulfill
  928  such obligation. This section does not apply to university
  929  teaching faculty or medical school faculty or staff. The Board
  930  of Governors shall define in regulation the university faculty
  931  and administrative personnel classifications.
  932         Section 12. Paragraph (b) of subsection (2), paragraph (b)
  933  of subsection (3), and subsection (4) of section 1013.841,
  934  Florida Statutes, are amended to read:
  935         1013.841 End of year balance of Florida College System
  936  institution funds.—
  937         (2)(b) Each Florida College System institution with a final
  938  FTE less than 15,000 for the prior year that retains a state
  939  operating fund carry forward balance in excess of the 5 percent
  940  minimum shall submit a spending plan for its excess carry
  941  forward balance. The spending plan shall include all excess
  942  carry forward funds from state operating funds. The spending
  943  plan shall be submitted to the Florida College System
  944  institution’s board of trustees for approval by September 30 1,
  945  2020, and each September 30 1 thereafter. The State Board of
  946  Education shall review and publish each Florida College System
  947  institution’s carry forward spending plan by November 15 October
  948  1, 2020, and each November 15 October 1 thereafter.
  949         (3)(b) Each Florida College System institution with a final
  950  FTE of 15,000 or greater for the prior year that retains a state
  951  operating fund carry forward balance in excess of the 7 percent
  952  minimum shall submit a spending plan for its excess carry
  953  forward balance. The spending plan shall include all excess
  954  carry forward funds from state operating funds. The spending
  955  plan shall be submitted to the Florida College System
  956  institution’s board of trustees for approval by September 30 1,
  957  2020, and each September 30 1 thereafter. The State Board of
  958  Education shall review and publish each Florida College System
  959  institution’s carry forward spending plan by November 15 October
  960  1, 2020, and each November 15 October 1 thereafter.
  961         (4) A Florida College System institution identified in
  962  paragraph (3)(a) must include in its carry forward spending plan
  963  the estimated cost per planned expenditure and a timeline for
  964  completion of the expenditure. Authorized expenditures in a
  965  carry forward spending plan may include:
  966         (a) Commitment of funds to a public education capital
  967  outlay project for which an appropriation was previously
  968  provided, which requires additional funds for completion, and
  969  which is included in the list required by s. 1001.03(18)(d);
  970         (b) Completion of a renovation, repair, or maintenance
  971  project that is consistent with the provisions of s. 1013.64(1),
  972  up to $5 million per project;
  973         (c) Completion of a remodeling or infrastructure project,
  974  up to $10 million per project, if such project is survey
  975  recommended 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 Florida College
  980  System institution’s mission which are nonrecurring; and
  981         (f) Any purpose approved by the state board or specified in
  982  the General Appropriations Act; and
  983         (g)A commitment of funds to a contingency reserve to
  984  assist in addressing unforeseen circumstances that may arise,
  985  including natural disasters and other emergencies.
  986         Section 13. This act shall take effect July 1, 2020.