Florida Senate - 2020 CS for SB 72
By the Committee on Appropriations; and Senator Stargel
576-04578-20 202072c1
1 A bill to be entitled
2 An act relating to postsecondary education; amending
3 s. 287.057, F.S.; authorizing state agencies to
4 contract with independent, nonprofit colleges and
5 universities that meet specified requirements;
6 amending s. 1001.03, F.S.; clarifying requirements for
7 new construction, remodeling, or renovation projects;
8 amending s. 1001.706, F.S.; requiring that selection
9 of a president by a university board of trustees be
10 from among at least three candidates; amending s.
11 1001.7065, F.S.; requiring that certain academic and
12 research excellence standards be reported annually in
13 the accountability plan prepared by the Board of
14 Governors; revising the academic and research
15 excellence standards established for the preeminent
16 state research universities program; establishing
17 criteria for identifying state universities of
18 distinction, rather than programs of excellence,
19 throughout the State University System; authorizing
20 the Board of Governors to annually submit, by a
21 specified date, the programs for funding by the
22 Legislature; amending s. 1004.085, F.S.; requiring
23 certain innovative pricing techniques and payment
24 options to contain an opt-out provision for students;
25 amending s. 1004.346, F.S.; deleting a provision
26 related to terms of Phosphate Research and Activities
27 Board members; creating s. 1004.6499, F.S.; creating
28 the Florida Institute of Politics within the Florida
29 State University College of Social Sciences and Public
30 Policy; providing the purpose and goals of the
31 institute; amending s. 1009.50, F.S.; revising a
32 provision relating to the maximum annual grant amount;
33 providing that students who receive a grant award in
34 the fall or spring term may also receive an award in
35 the summer term, subject to availability of funds;
36 prohibiting institutions from dispensing grants to
37 students whose expected family contribution exceeds a
38 certain amount; requiring the formula used to
39 distribute funds for the program to account for
40 changes in the number of eligible students across all
41 student assistance grant programs; requiring
42 institutions to certify the amount of funds disbursed
43 within a certain timeframe; requiring institutions to
44 remit any undisbursed advances within a specified
45 timeframe; providing an exception; requiring
46 institutions that receive moneys through the program
47 to submit to the department by a specified date a
48 biennial report that includes a financial audit
49 conducted by the Auditor General; authorizing the
50 department to conduct its own annual or biennial audit
51 under certain circumstances; authorizing the
52 department to suspend or revoke an institution’s
53 eligibility or request a refund of moneys overpaid to
54 the institution under certain circumstances; providing
55 a timeframe for such refunds; amending s. 1009.505,
56 F.S.; requiring that grant awards administered through
57 the Florida Public Postsecondary Career Education
58 Student Assistance Grant Program not exceed a certain
59 amount; providing that students who receive a grant
60 award in the fall or spring term may also receive an
61 award in the summer term, subject to the availability
62 of funds; requiring the formula used to distribute
63 funds for the program to account for changes in the
64 number of eligible students across all student
65 assistance grant programs; requiring institutions to
66 certify within a certain timeframe the amount of funds
67 disbursed; requiring institutions to remit within a
68 specified timeframe any undisbursed advances;
69 providing an exception; requiring institutions that
70 receive moneys through the program to submit to the
71 department by a specified date a biennial report that
72 includes a financial audit conducted by the Auditor
73 General; authorizing the department to conduct its own
74 annual or biennial audit under certain circumstances;
75 authorizing the department to suspend or revoke an
76 institution’s eligibility or to request a refund of
77 moneys overpaid to the institution under certain
78 circumstances; authorizing funds appropriated for
79 state student assistance grants to be deposited in a
80 specified trust fund; requiring that any balance in
81 the trust fund at the end of a fiscal year which has
82 been allocated to the Florida Public Postsecondary
83 Career Education Student Assistance Grant Program
84 remain therein, subject to certain statutory
85 exceptions; amending s. 1009.51, F.S.; requiring that
86 grant awards administered through the Florida Private
87 Student Assistance Grant Program not exceed a certain
88 annual award amount; providing that students who
89 receive an award in the fall or spring term may also
90 receive an award in the summer term, subject to the
91 availability of funds; prohibiting institutions from
92 dispensing grants to students whose expected family
93 contribution exceeds a certain amount; requiring that
94 the formula used to distribute funds for the program
95 account for changes in the number of eligible students
96 across all student assistance grant programs;
97 requiring institutions to certify within a certain
98 timeframe the amount of funds disbursed; requiring
99 institutions to remit within a specified timeframe any
100 undisbursed advances; providing an exception; revising
101 a requirement for a biennial report; amending s.
102 1009.52, F.S.; requiring that grants administered
103 through the Florida Postsecondary Student Assistance
104 Grant Program not exceed a certain annual award
105 amount; providing that students who receive a grant
106 award in the fall or spring term may also receive an
107 award in the summer term, subject to the availability
108 of funds; prohibiting institutions from dispensing
109 grants to students whose expected family contribution
110 exceeds a certain amount; requiring that the formula
111 used to distribute funds for the program account for
112 changes in the number of eligible students across all
113 student assistance grant programs; requiring
114 institutions to certify within a certain timeframe the
115 amount of funds disbursed; requiring institutions to
116 remit within a specified timeframe any undisbursed
117 advances; providing an exception; revising a
118 requirement for a biennial report; amending s.
119 1009.893, F.S.; specifying eligibility for initial
120 awards under the Benacquisto Scholarship Program;
121 revising requirements for a student to receive a
122 renewal award; providing a timeframe within which
123 students can receive an award; providing an exception
124 to renewal requirements; amending s. 1011.45, F.S.;
125 revising the date by which a spending plan must be
126 submitted to a university’s board of trustees for
127 approval; revising the date by which the Board of
128 Governors must review and approve such spending plan;
129 authorizing certain expenditures in a carry forward
130 spending plan to include a commitment of funds to a
131 contingency reserve for certain purposes; amending s.
132 1012.976, F.S.; deleting a provision relating to
133 applicability; requiring the Board of Governors to
134 adopt regulations defining university faculty and
135 administrative personnel classifications; amending s.
136 1013.841, F.S.; revising the dates by which a spending
137 plan must be submitted to a Florida College System
138 institution’s board of trustees for approval; revising
139 the dates by which the State Board of Education shall
140 review and publish such plan; authorizing certain
141 expenditures in a carry forward spending plan to
142 include a commitment of funds to a contingency reserve
143 for certain purposes; providing an effective date.
144
145 Be It Enacted by the Legislature of the State of Florida:
146
147 Section 1. Section (21) of section 287.057, Florida
148 Statutes, is amended to read:
149 287.057 Procurement of commodities or contractual
150 services.—
151 (21) An agency may contract for services with any
152 independent, nonprofit college or university which is located
153 within the state on the same basis as it may contract with any
154 state university and college if the independent, nonprofit
155 college or university:
156 (a) and Is accredited by the Southern Association of
157 Colleges and Schools; or, on the same basis as it may contract
158 with any state university and college
159 (b) Is authorized to operate within this state pursuant to
160 chapter 1005, offers a professional degree, and is accredited by
161 the Middle States Commission on Higher Education.
162 Section 2. Paragraph (c) of subsection (18) of section
163 1001.03, Florida Statutes, is amended to read:
164 1001.03 Specific powers of State Board of Education.—
165 (18) PUBLIC EDUCATION CAPITAL OUTLAY.—The State Board of
166 Education shall develop and submit the prioritized list required
167 by s. 1013.64(4). Projects considered for prioritization shall
168 be chosen from a preliminary selection group which shall include
169 the list of projects maintained pursuant to paragraph (d) and
170 the top two priorities of each Florida College System
171 institution.
172 (c) A new construction, remodeling, or renovation project
173 that has not received an appropriation in a previous year shall
174 not be considered for inclusion on the prioritized list required
175 by s. 1013.64(4), unless:
176 1. A plan is provided to reserve funds in an escrow
177 account, specific to the project, into which shall be deposited
178 each year an amount of funds equal to 0.5 percent of the total
179 value of the building for future maintenance;
180 2. There exists are sufficient capacity within the cash and
181 bonding estimate of funds by the Revenue Estimating Conference
182 to accommodate the project excess funds from the allocation
183 provided pursuant to s. 1013.60 within the 3-year Public
184 Education Capital Outlay funding cycle planning period which are
185 not needed to complete the projects listed pursuant to paragraph
186 (d); and
187 3. The project has been recommended pursuant to s. 1013.31.
188 Section 3. Paragraph (a) of subsection (6) of section
189 1001.706, Florida Statutes, is amended to read:
190 1001.706 Powers and duties of the Board of Governors.—
191 (6) POWERS AND DUTIES RELATING TO PERSONNEL.—
192 (a) The Board of Governors, or the board’s designee, shall
193 establish the personnel program for all employees of a state
194 university. The Board of Governors shall confirm the
195 presidential selection and reappointment by a university board
196 of trustees as a means of acknowledging that system cooperation
197 is expected. The selection of a president by a university board
198 of trustees must be from among at least three candidates.
199 Section 4. Subsections (2), (5), and (7) of section
200 1001.7065, Florida Statutes, are amended to read:
201 1001.7065 Preeminent state research universities program.—
202 (2) ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—The
203 following academic and research excellence standards are
204 established for the preeminent state research universities
205 program and must be reported annually in the Board of Governors
206 Accountability Plan:
207 (a) An average weighted grade point average of 4.0 or
208 higher on a 4.0 scale and an average SAT score of 1800 or higher
209 on a 2400-point scale or 1200 or higher on a 1600-point scale or
210 an average ACT score of 25 or higher on a 36 score scale, using
211 the latest published national concordance table developed
212 jointly by the College Board and ACT, Inc., for fall semester
213 incoming freshmen, as reported annually.
214 (b) A top-50 ranking on at least two well-known and highly
215 respected national public university rankings, including, but
216 not limited to, the U.S. News and World Report rankings,
217 reflecting national preeminence, using most recent rankings.
218 (c) A freshman retention rate of 90 percent or higher for
219 full-time, first-time-in-college students, as reported annually
220 to the Integrated Postsecondary Education Data System (IPEDS).
221 (d) A 4-year graduation rate of 60 percent or higher for
222 full-time, first-time-in-college students, as reported annually
223 to the IPEDS. However, for the 2018 determination of a state
224 university’s preeminence designation and the related
225 distribution of the 2018-2019 fiscal year appropriation
226 associated with preeminence and emerging preeminence, a
227 university is considered to have satisfied this graduation rate
228 measure by attaining a 6-year graduation rate of 70 percent or
229 higher by October 1, 2017, for full-time, first-time-in-college
230 students, as reported to the IPEDS and confirmed by the Board of
231 Governors.
232 (e) Six or more faculty members at the state university who
233 are members of a national academy, as reported by the Center for
234 Measuring University Performance in the Top American Research
235 Universities (TARU) annual report or the official membership
236 directories maintained by each national academy.
237 (f) Total annual research expenditures, including federal
238 research expenditures, of $200 million or more, as reported
239 annually by the National Science Foundation (NSF).
240 (g) Total annual research expenditures in diversified
241 nonmedical sciences of $150 million or more, based on data
242 reported annually by the NSF.
243 (h) A top-100 university national ranking for research
244 expenditures in five or more science, technology, engineering,
245 or mathematics fields of study, as reported annually by the NSF.
246 (i) One hundred or more total patents awarded by the United
247 States Patent and Trademark Office for the most recent 3-year
248 period.
249 (j) Four hundred or more doctoral degrees awarded annually,
250 including professional doctoral degrees awarded in medical and
251 health care disciplines, as reported in the Board of Governors
252 Annual Accountability Report.
253 (k) Two hundred or more postdoctoral appointees annually,
254 as reported in the TARU annual report.
255 (l) An endowment of $500 million or more, as reported in
256 the Board of Governors Annual Accountability Report.
257 (5) PREEMINENT STATE RESEARCH UNIVERSITIES PROGRAM
258 SUPPORT.—
259 (a) A state university that is designated as a preeminent
260 state research university shall submit to the Board of Governors
261 a 5-year benchmark plan with target rankings on key performance
262 metrics for national excellence. Upon approval by the Board of
263 Governors, and upon the university’s meeting the benchmark plan
264 goals annually, the Board of Governors shall award the
265 university its proportionate share of any funds provided
266 annually to support the program created under this section.
267 (b) A state university designated as an emerging preeminent
268 state research university shall submit for approval to the Board
269 of Governors a 5-year benchmark plan with target rankings on key
270 performance metrics for national excellence. Upon approval by
271 the Board of Governors, and upon the university’s meeting the
272 benchmark plan goals annually, the Board of Governors shall
273 award the university its proportionate share of any funds
274 provided annually to support the program created under this
275 section.
276 (c) The award of funds under this subsection is contingent
277 upon funding provided by the Legislature to support the
278 preeminent state research universities program created under
279 this section. Funding increases appropriated beyond the amounts
280 funded in the previous fiscal year shall be distributed as
281 determined annually by the Legislature to as follows:
282 1. each designated preeminent state research university
283 that meets the criteria in paragraph (a) shall receive an equal
284 amount of funding.
285 2. Each designated emerging preeminent state research
286 university that meets the criteria in paragraph (b) shall,
287 beginning in the 2018-2019 fiscal year, receive an amount of
288 funding that is equal to one-fourth of the total increased
289 amount awarded to each designated preeminent state research
290 university.
291 (7) STATE UNIVERSITIES PROGRAMS OF DISTINCTION EXCELLENCE
292 THROUGHOUT THE STATE UNIVERSITY SYSTEM.—The Board of Governors
293 shall establish standards and measures that may be used in
294 identifying state universities that focus on one core competency
295 unique to the State University System and that achieve
296 excellence at the national or state level, meet state workforce
297 needs, and foster an innovation economy that focuses on such
298 areas as health care, security, transportation, and science,
299 technology, engineering, and mathematics (STEM), including
300 supply chain management. By each January 1, the Board of
301 Governors may submit such programs whereby individual
302 undergraduate, graduate, and professional degree programs in
303 state universities which objectively reflect national excellence
304 can be identified and make recommendations to the Legislature
305 for funding by September 1, 2018, as to how any such programs
306 could be enhanced and promoted.
307 Section 5. Subsection (4) of section 1004.085, Florida
308 Statutes, is amended to read:
309 1004.085 Textbook and instructional materials
310 affordability.—
311 (4) Each Florida College System institution and state
312 university board of trustees is authorized to adopt policies in
313 consultation with providers, including bookstores, which allow
314 for the use of innovative pricing techniques and payment options
315 for textbooks and instructional materials. Such policies may
316 include bulk pricing arrangements that enable students to
317 purchase course materials or texts that are delivered digitally;
318 delivered through other technologies that are, or the licenses
319 of which are, required for use within a course; or delivered in
320 a print format. Innovative pricing techniques and payment
321 options must include an opt-in or opt-out provision for students
322 and may be approved only if there is documented evidence that
323 the options reduce the cost of textbooks and instructional
324 materials for students taking a course.
325 Section 6. Paragraph (c) of subsection (2) of section
326 1004.346, Florida Statutes, is amended to read:
327 1004.346 Florida Industrial and Phosphate Research
328 Institute.—
329 (2) PHOSPHATE RESEARCH AND ACTIVITIES BOARD.—The Phosphate
330 Research and Activities Board is created to monitor the
331 expenditure of funds appropriated to the university from the
332 Phosphate Research Trust Fund.
333 (c) Members of the board appointed by the Governor shall be
334 appointed to 3-year terms. A board member may continue to serve
335 until a successor is appointed, but not more than 180 days after
336 the expiration of his or her term. A board member is eligible
337 for reappointment to subsequent terms.
338 Section 7. Section 1004.6499, Florida Statutes, is created
339 to read:
340 1004.6499 Florida Institute of Politics.—
341 (1) The Florida Institute of Politics is established at the
342 Florida State University within the College of Social Sciences
343 and Public Policy. The purpose of the institute is to provide
344 the southeastern region of the United States with a world class,
345 bipartisan, nationally renowned institute of politics.
346 (2) The goals of the institute are to:
347 (a) Motivate students throughout the Florida State
348 University to become aware of the significance of government and
349 civic engagement at all levels and politics in general.
350 (b) Provide students with an opportunity to be politically
351 active and civically engaged.
352 (c) Nurture a greater awareness and passion for public
353 service and politics.
354 (d) Plan and host forums to allow students and guests to
355 hear from and interact with experts from government, politics,
356 policy, and journalism on a frequent basis.
357 (e) Become a national and state resource on polling
358 information and survey methodology.
359 (f) Provide fellowships and internship opportunities to
360 students in government, nonprofit organizations, and community
361 organizations.
362 (g) Provide training sessions for newly elected state and
363 local public officials.
364 (h) Organize and sponsor conferences, symposia, and
365 workshops throughout this state to educate and inform citizens,
366 elected officials, and appointed policymakers regarding
367 effective policymaking techniques and processes.
368 (i) Create and promote research and awareness regarding
369 politics, citizen involvement, and public service.
370 (j) Collaborate with related policy institutes and research
371 activities at the Florida State University and other
372 institutions of higher education to motivate, increase, and
373 sustain citizen involvement in public affairs.
374 Section 8. Section 1009.50, Florida Statutes, is amended to
375 read:
376 1009.50 Florida Public Student Assistance Grant Program;
377 eligibility for grants.—
378 (1) There is hereby created a Florida Public Student
379 Assistance Grant Program. The program shall be administered by
380 the participating institutions in accordance with rules of the
381 state board.
382 (2)(a) State student assistance grants through the program
383 may be made only to degree-seeking students who enroll in at
384 least 6 semester hours, or the equivalent per term, and who meet
385 the general requirements for student eligibility as provided in
386 s. 1009.40, except as otherwise provided in this section. The
387 grants shall be awarded annually for the amount of demonstrated
388 unmet need for the cost of education and may not exceed the
389 maximum annual award an amount equal to the average prior
390 academic year cost of tuition fees and other registration fees
391 for 30 credit hours at state universities or such other amount
392 as specified in the General Appropriations Act, to any
393 recipient. A demonstrated unmet need of less than $200 shall
394 render the applicant ineligible for a state student assistance
395 grant. Recipients of the grants must have been accepted at a
396 state university or Florida College System institution
397 authorized by Florida law. If funds are available, a student who
398 received an award in the fall or spring term may receive a
399 summer term award. A student is eligible for the award for 110
400 percent of the number of credit hours required to complete the
401 program in which enrolled, except as otherwise provided in s.
402 1009.40(3).
403 (b) A student applying for a Florida public student
404 assistance grant shall be required to apply for the Pell Grant.
405 The Pell Grant entitlement shall be considered when conducting
406 an assessment of the financial resources available to each
407 student.
408 (c) Priority in the distribution of grant moneys shall be
409 given to students with the lowest total family resources, in
410 accordance with a nationally recognized system of need analysis.
411 Using the system of need analysis, the department shall
412 establish a maximum expected family contribution. An institution
413 may not make a grant from this program to a student whose
414 expected family contribution exceeds one and one-half times the
415 maximum Pell Grant-eligible family contribution level
416 established by the department. An institution may not impose
417 additional criteria to determine a student’s eligibility to
418 receive a grant award.
419 (d) Each participating institution shall report, to the
420 department by the established date, the eligible students
421 eligible for the program for to whom grant moneys are disbursed
422 each academic term. Each institution shall also report to the
423 department necessary demographic and eligibility data for such
424 students.
425 (3) Based on the unmet financial need of an eligible
426 applicant, the amount of a Florida public student assistance
427 grant must be between $200 and the weighted average of the cost
428 of tuition and other registration fees for 30 credit hours at
429 state universities per academic year or the amount specified in
430 the General Appropriations Act.
431 (4)(a) The funds appropriated for the Florida Public
432 Student Assistance Grant shall be distributed to eligible
433 institutions in accordance with a formula approved by the State
434 Board of Education. The formula must shall consider at least the
435 prior year’s distribution of funds, the number of full-time
436 eligible applicants who did not receive awards, the
437 standardization of the expected family contribution, and
438 provisions for unused funds. The formula must account for
439 changes in the number of eligible students across all student
440 assistance grant programs established pursuant to this section
441 and ss. 1009.505, 1009.51, and 1009.52.
442 (b) Payment of Florida public student assistance grants
443 shall be transmitted to the president of the state university or
444 Florida College System institution, or to his or her
445 representative, in advance of the registration period.
446 Institutions shall notify students of the amount of their
447 awards.
448 (c) The eligibility status of each student to receive a
449 disbursement shall be determined by each institution as of the
450 end of its regular registration period, inclusive of a drop-add
451 period. Institutions shall not be required to reevaluate a
452 student’s eligibility status after this date for purposes of
453 changing eligibility determinations previously made.
454 (d) Institutions shall certify to the department within 30
455 days after the end of regular registration each term the amount
456 of funds disbursed to each student and shall remit to the
457 department any undisbursed advances within 60 days after the end
458 of regular registration each spring term any advances by June 1
459 of each year. An exception to the remittance deadline may be
460 granted if the institution documents to the department how it
461 plans to disburse awards to students for the subsequent summer
462 term. An institution that uses funds for the summer term shall
463 certify to the department the amount of funds disbursed to each
464 student and shall remit to the department any undisbursed
465 advances within 30 days after the end of the summer term.
466 (e) Each institution that receives moneys through the
467 Florida Public Student Assistance Grant Program shall prepare a
468 biennial report that includes a financial audit, conducted by
469 the Auditor General, of the institution’s administration of the
470 program and a complete accounting of moneys allocated to the
471 institution for the program. Such report shall be submitted to
472 the department by March 1 every other year. The department may
473 conduct its own annual or biennial audit of an institution’s
474 administration of the program and its allocated funds in lieu of
475 the required biennial report and financial audit report. The
476 department may suspend or revoke an institution’s eligibility to
477 receive future moneys for the program or may request a refund of
478 any moneys overpaid to the institution for the program if the
479 department finds that an institution has not complied with this
480 section. Any refund requested pursuant to this paragraph shall
481 be remitted within 60 days after notification by the department.
482 (5) Funds appropriated by the Legislature for state student
483 assistance grants may be deposited in the State Student
484 Financial Assistance Trust Fund. Notwithstanding the provisions
485 of s. 216.301 and pursuant to s. 216.351, any balance in the
486 trust fund at the end of any fiscal year which has been
487 allocated to the Florida Public Student Assistance Grant Program
488 shall remain therein and shall be available for carrying out the
489 purposes of this section.
490 (6) The State Board of Education shall establish rules
491 necessary to implement this section.
492 Section 9. Present subsections (5) and (6) of section
493 1009.505, Florida Statutes, are redesignated as subsections (6)
494 and (7), respectively, a new subsection (5) is added to that
495 section, and subsections (3) and (4) of that section are
496 amended, to read:
497 1009.505 Florida Public Postsecondary Career Education
498 Student Assistance Grant Program.—
499 (3)(a) Student assistance grants through the program may be
500 made only to certificate-seeking students enrolled at least
501 half-time in a public postsecondary career certificate program
502 who meet the general requirements for student eligibility as
503 provided in s. 1009.40, except as otherwise provided in this
504 section. The grants shall be awarded annually to any recipient
505 for the amount of demonstrated unmet need for the cost of
506 education and may not exceed the average annual cost of tuition
507 and registration fees or such other amount as specified in the
508 General Appropriations Act. A demonstrated unmet need of less
509 than $200 shall render the applicant ineligible for a grant
510 under this section. Recipients of the grants must have been
511 accepted at a Florida College System institution authorized by
512 Florida law or a career center operated by a district school
513 board under s. 1001.44. If funds are available, a student who
514 received an award in the fall or spring term may receive a
515 summer term award. A student is eligible for the award for 110
516 percent of the number of clock hours required to complete the
517 program in which enrolled.
518 (b) A student applying for a Florida public postsecondary
519 career education student assistance grant shall be required to
520 apply for the Pell Grant. A Pell Grant entitlement shall be
521 considered when conducting an assessment of the financial
522 resources available to each student; however, a Pell Grant
523 entitlement shall not be required as a condition of receiving a
524 grant under this section.
525 (c) Each participating institution shall report, to the
526 department by the established date, the eligible students
527 eligible for the program for to whom grant moneys are disbursed
528 each academic term. Each institution shall also report to the
529 department necessary demographic and eligibility data for such
530 students.
531 (4)(a) The funds appropriated for the Florida Public
532 Postsecondary Career Education Student Assistance Grant Program
533 shall be distributed to eligible Florida College System
534 institutions and district school boards in accordance with a
535 formula approved by the department. The formula must account for
536 changes in the number of eligible students across all student
537 assistance grant programs established pursuant to this section
538 and ss. 1009.50, 1009.51, and 1009.52.
539 (b) Payment of Florida public postsecondary career
540 education student assistance grants shall be transmitted to the
541 president of the Florida College System institution or to the
542 district school superintendent, or to the designee thereof, in
543 advance of the registration period. Institutions shall notify
544 students of the amount of their awards.
545 (c) The eligibility status of each student to receive a
546 disbursement shall be determined by each institution as of the
547 end of its regular registration period, inclusive of a drop-add
548 period. Institutions shall not be required to reevaluate a
549 student’s eligibility status after this date for purposes of
550 changing eligibility determinations previously made.
551 (d) Participating institutions shall certify to the
552 department within 30 days after the end of regular registration
553 each term the amount of funds disbursed to each student and
554 shall remit to the department any undisbursed advances within 60
555 days after the end of regular registration each spring term by
556 June 1 of each year. An exception to the remittance deadline may
557 be granted if the institution documents to the department how it
558 plans to disburse awards to students for the subsequent summer
559 term. An institution that uses funds for the summer term shall
560 certify to the department the amount of funds disbursed to each
561 student and shall remit to the department any undisbursed
562 advances within 30 days after the end of the summer term.
563 (e) Each institution that receives moneys through the
564 Florida Public Postsecondary Career Education Student Assistance
565 Grant Program shall prepare a biennial report that includes a
566 financial audit, conducted by the Auditor General, of the
567 institution’s administration of the program and a complete
568 accounting of moneys allocated to the institution for the
569 program. Such report shall be submitted to the department by
570 March 1 every other year. The department may conduct its own
571 annual or biennial audit of an institution’s administration of
572 the program and its allocated funds in lieu of the required
573 biennial report and financial audit report. The department may
574 suspend or revoke an institution’s eligibility to receive future
575 moneys for the program or may request a refund of any moneys
576 overpaid to the institution if the department finds that an
577 institution has not complied with this section. Any refund
578 requested pursuant to this paragraph shall be remitted within 60
579 days after notification by the department.
580 (5) Funds appropriated by the Legislature for state student
581 assistance grants may be deposited in the State Student
582 Financial Assistance Trust Fund. Notwithstanding s. 216.301, and
583 pursuant to s. 216.351, any balance in the trust fund at the end
584 of any fiscal year which has been allocated to the Florida
585 Public Postsecondary Career Education Student Assistance Grant
586 Program shall remain therein and shall be available for carrying
587 out the purposes of this section.
588 Section 10. Section 1009.51, Florida Statutes, is amended
589 to read:
590 1009.51 Florida Private Student Assistance Grant Program;
591 eligibility for grants.—
592 (1) There is created a Florida Private Student Assistance
593 Grant Program. The program shall be administered by the
594 participating institutions in accordance with rules of the State
595 Board of Education.
596 (2)(a) Florida private student assistance grants from the
597 State Student Financial Assistance Trust Fund may be made only
598 to full-time degree-seeking students who meet the general
599 requirements for student eligibility as provided in s. 1009.40,
600 except as otherwise provided in this section. Such grants shall
601 be awarded for the amount of demonstrated unmet need for tuition
602 and fees and may not exceed the maximum annual award an amount
603 equal to the average tuition and other registration fees for 30
604 credit hours at state universities plus $1,000 per academic
605 year, or as specified in the General Appropriations Act, to any
606 applicant. A demonstrated unmet need of less than $200 shall
607 render the applicant ineligible for a Florida private student
608 assistance grant. Recipients of such grants must have been
609 accepted at a baccalaureate-degree-granting independent
610 nonprofit college or university, which is accredited by the
611 Commission on Colleges of the Southern Association of Colleges
612 and Schools and which is located in and chartered as a domestic
613 corporation by the state. If funds are available, a student who
614 received an award in the fall or spring term may receive a
615 summer term award. No student may receive an award for more than
616 the equivalent of 9 semesters or 14 quarters of full-time
617 enrollment, except as otherwise provided in s. 1009.40(3).
618 (b) A student applying for a Florida private student
619 assistance grant shall be required to apply for the Pell Grant.
620 The Pell Grant entitlement shall be considered when conducting
621 an assessment of the financial resources available to each
622 student.
623 (c) Priority in the distribution of grant moneys shall be
624 given to students with the lowest total family resources, in
625 accordance with a nationally recognized system of need analysis.
626 Using the system of need analysis, the department shall
627 establish a maximum expected family contribution. An institution
628 may not make a grant from this program to a student whose
629 expected family contribution exceeds one and one-half times the
630 maximum Pell Grant-eligible family contribution level
631 established by the department. An institution may not impose
632 additional criteria to determine a student’s eligibility to
633 receive a grant award.
634 (d) Each participating institution shall report, to the
635 department by the established date, the eligible students
636 eligible for the program for to whom grant moneys are disbursed
637 each academic term. Each institution shall also report to the
638 department necessary demographic and eligibility data for such
639 students.
640 (3) Based on the unmet financial need of an eligible
641 applicant, the amount of a Florida private student assistance
642 grant must be between $200 and the average cost of tuition and
643 other registration fees for 30 credit hours at state
644 universities plus $1,000 per academic year or the amount
645 specified in the General Appropriations Act.
646 (4)(a) The funds appropriated for the Florida Private
647 Student Assistance Grant shall be distributed to eligible
648 institutions in accordance with a formula approved by the State
649 Board of Education. The formula must shall consider at least the
650 prior year’s distribution of funds, the number of full-time
651 eligible applicants who did not receive awards, the
652 standardization of the expected family contribution, and
653 provisions for unused funds. The formula must account for
654 changes in the number of eligible students across all student
655 assistance grant programs established pursuant to this section
656 and ss. 1009.50, 1009.505, and 1009.52.
657 (b) Payment of Florida private student assistance grants
658 shall be transmitted to the president of the college or
659 university, or to his or her representative, in advance of the
660 registration period. Institutions shall notify students of the
661 amount of their awards.
662 (c) The eligibility status of each student to receive a
663 disbursement shall be determined by each institution as of the
664 end of its regular registration period, inclusive of a drop-add
665 period. Institutions shall not be required to reevaluate a
666 student’s eligibility status after this date for purposes of
667 changing eligibility determinations previously made.
668 (d) Institutions shall certify to the department within 30
669 days after the end of regular registration each term the amount
670 of funds disbursed to each student and shall remit to the
671 department any undisbursed advances within 60 days after the end
672 of regular registration each spring term by June 1 of each year.
673 An exception to the remittance deadline may be granted if the
674 institution documents to the department how it plans to disburse
675 awards to students for the subsequent summer term. An
676 institution that uses funds for the summer term shall certify to
677 the department the amount of funds disbursed to each student and
678 shall remit to the department any undisbursed advances within 30
679 days after the end of the summer term.
680 (e) Each institution that receives moneys through the
681 Florida Private Student Assistance Grant Program shall prepare a
682 biennial report that includes a financial audit, conducted by an
683 independent certified public accountant, of the institution’s
684 administration of the program and a complete accounting of
685 moneys in the State Student Financial Assistance Trust Fund
686 allocated to the institution for the program. Such report shall
687 be submitted to the department by March 1 every other year. The
688 department may conduct its own annual or biennial audit of an
689 institution’s administration of the program and its allocated
690 funds in lieu of the required biennial report and financial
691 audit report. The department may suspend or revoke an
692 institution’s eligibility to receive future moneys from the
693 trust fund for the program or request a refund of any moneys
694 overpaid to the institution through the trust fund for the
695 program if the department finds that an institution has not
696 complied with the provisions of this section. Any refund
697 requested pursuant to this paragraph shall be remitted within 60
698 days after notification by the department.
699 (5) Funds appropriated by the Legislature for Florida
700 private student assistance grants may be deposited in the State
701 Student Financial Assistance Trust Fund. Notwithstanding the
702 provisions of s. 216.301 and pursuant to s. 216.351, any balance
703 in the trust fund at the end of any fiscal year which has been
704 allocated to the Florida Private Student Assistance Grant
705 Program shall remain therein and shall be available for carrying
706 out the purposes of this section and as otherwise provided by
707 law.
708 (6) The State Board of Education shall adopt rules
709 necessary to implement this section.
710 Section 11. Section 1009.52, Florida Statutes, is amended
711 to read:
712 1009.52 Florida Postsecondary Student Assistance Grant
713 Program; eligibility for grants.—
714 (1) There is created a Florida Postsecondary Student
715 Assistance Grant Program. The program shall be administered by
716 the participating institutions in accordance with rules of the
717 State Board of Education.
718 (2)(a) Florida postsecondary student assistance grants
719 through the State Student Financial Assistance Trust Fund may be
720 made only to full-time degree-seeking students who meet the
721 general requirements for student eligibility as provided in s.
722 1009.40, except as otherwise provided in this section. Such
723 grants shall be awarded for the amount of demonstrated unmet
724 need for tuition and fees and may not exceed the maximum annual
725 award an amount equal to the average prior academic year cost of
726 tuition and other registration fees for 30 credit hours at state
727 universities plus $1,000 per academic year, or as specified in
728 the General Appropriations Act, to any applicant. A demonstrated
729 unmet need of less than $200 shall render the applicant
730 ineligible for a Florida postsecondary student assistance grant.
731 Recipients of such grants must have been accepted at a
732 postsecondary institution that is located in this the state and
733 that is:
734 1. A private nursing diploma school approved by the Florida
735 Board of Nursing; or
736 2. A college or university licensed by the Commission for
737 Independent Education, excluding those institutions the students
738 of which are eligible to receive a Florida private student
739 assistance grant pursuant to s. 1009.51.
740
741 If funds are available, a student who received an award in the
742 fall or spring term may receive a summer term award. No student
743 may receive an award for more than the equivalent of 9 semesters
744 or 14 quarters of full-time enrollment, except as otherwise
745 provided in s. 1009.40(3).
746 (b) A student applying for a Florida postsecondary student
747 assistance grant shall be required to apply for the Pell Grant.
748 The Pell Grant entitlement shall be considered when conducting
749 an assessment of the financial resources available to each
750 student.
751 (c) Priority in the distribution of grant moneys shall be
752 given to students with the lowest total family resources, in
753 accordance with a nationally recognized system of need analysis.
754 Using the system of need analysis, the department shall
755 establish a maximum expected family contribution. An institution
756 may not make a grant from this program to a student whose
757 expected family contribution exceeds one and one-half times the
758 maximum Pell Grant-eligible family contribution level
759 established by the department. An institution may not impose
760 additional criteria to determine a student’s eligibility to
761 receive a grant award.
762 (d) Each participating institution shall report, to the
763 department by the established date, the eligible students
764 eligible for the program for to whom grant moneys are disbursed
765 each academic term. Each institution shall also report to the
766 department necessary demographic and eligibility data for such
767 students.
768 (3) Based on the unmet financial need of an eligible
769 applicant, the amount of a Florida postsecondary student
770 assistance grant must be between $200 and the average cost of
771 tuition and other registration fees for 30 credit hours at state
772 universities plus $1,000 per academic year or the amount
773 specified in the General Appropriations Act.
774 (4)(a) The funds appropriated for the Florida Postsecondary
775 Student Assistance Grant shall be distributed to eligible
776 institutions in accordance with a formula approved by the State
777 Board of Education. The formula must shall consider at least the
778 prior year’s distribution of funds, the number of full-time
779 eligible applicants who did not receive awards, the
780 standardization of the expected family contribution, and
781 provisions for unused funds. The formula must account for
782 changes in the number of eligible students across all student
783 assistance grant programs established pursuant to this section
784 and ss. 1009.50, 1009.505, and 1009.51.
785 (b) Payment of Florida postsecondary student assistance
786 grants shall be transmitted to the president of the eligible
787 institution, or to his or her representative, in advance of the
788 registration period. Institutions shall notify students of the
789 amount of their awards.
790 (c) The eligibility status of each student to receive a
791 disbursement shall be determined by each institution as of the
792 end of its regular registration period, inclusive of a drop-add
793 period. Institutions shall not be required to reevaluate a
794 student’s eligibility status after this date for purposes of
795 changing eligibility determinations previously made.
796 (d) Institutions shall certify to the department within 30
797 days after the end of regular registration each term the amount
798 of funds disbursed to each student and shall remit to the
799 department any undisbursed advances within 60 days after the end
800 of regular registration each spring term by June 1 of each year.
801 An exception to the remittance deadline may be granted if the
802 institution documents to the department how it plans to disburse
803 awards to students for the subsequent summer term. An
804 institution that uses funds for the summer term shall certify to
805 the department the amount of funds disbursed to each student and
806 shall remit to the department any undisbursed advances within 30
807 days after the end of the summer term.
808 (e) Each institution that receives moneys through the
809 Florida Postsecondary Student Assistance Grant Program shall
810 prepare a biennial report that includes a financial audit,
811 conducted by an independent certified public accountant, of the
812 institution’s administration of the program and a complete
813 accounting of moneys in the State Student Financial Assistance
814 Trust Fund allocated to the institution for the program. Such
815 report shall be submitted to the department by March 1 every
816 other year. The department may conduct its own annual or
817 biennial audit of an institution’s administration of the program
818 and its allocated funds in lieu of the required biennial report
819 and financial audit report. The department may suspend or revoke
820 an institution’s eligibility to receive future moneys from the
821 trust fund for the program or request a refund of any moneys
822 overpaid to the institution through the trust fund for the
823 program if the department finds that an institution has not
824 complied with the provisions of this section. Any refund
825 requested pursuant to this paragraph shall be remitted within 60
826 days after notification by the department.
827 (5) Any institution that was eligible to receive state
828 student assistance grants on January 1, 1989, and that is not
829 eligible to receive grants pursuant to s. 1009.51 is eligible to
830 receive grants pursuant to this section.
831 (6) Funds appropriated by the Legislature for Florida
832 postsecondary student assistance grants may be deposited in the
833 State Student Financial Assistance Trust Fund. Notwithstanding
834 the provisions of s. 216.301 and pursuant to s. 216.351, any
835 balance in the trust fund at the end of any fiscal year which
836 has been allocated to the Florida Postsecondary Student
837 Assistance Grant Program shall remain therein and shall be
838 available for carrying out the purposes of this section and as
839 otherwise provided by law.
840 (7) The State Board of Education shall adopt rules
841 necessary to implement this section.
842 Section 12. Subsections (2), (4), (5), and (6) of section
843 1009.893, Florida Statutes, are amended to read:
844 1009.893 Benacquisto Scholarship Program.—
845 (2) The Benacquisto Scholarship Program is created to
846 reward a high school graduate who receives recognition as a
847 National Merit Scholar or National Achievement Scholar and who
848 initially enrolls in the 2014-2015 academic year or, later, in a
849 baccalaureate degree program at an eligible Florida public or
850 independent postsecondary educational institution.
851 (4) In order to be eligible for an initial award under the
852 scholarship program, a student must meet the requirements of
853 paragraph (a) or paragraph (b).
854 (a) A student who is a resident of this state, as
855 determined in s. 1009.40 and rules of the State Board of
856 Education, must:
857 1. Earn a standard Florida high school diploma or its
858 equivalent pursuant to s. 1002.3105, s. 1003.4281, s. 1003.4282,
859 or s. 1003.435 unless:
860 a. The student completes a home education program according
861 to s. 1002.41; or
862 b. The student earns a high school diploma from a non
863 Florida school while living with a parent who is on military or
864 public service assignment out of this state;
865 2. Be accepted by and enroll in a Florida public or
866 independent postsecondary educational institution that is
867 regionally accredited; and
868 3. Be enrolled full-time in a baccalaureate degree program
869 at an eligible regionally accredited Florida public or
870 independent postsecondary educational institution during the
871 fall academic term following high school graduation.
872 (b) A student who initially enrolls in a baccalaureate
873 degree program in the 2018-2019 academic year or later and who
874 is not a resident of this state, as determined in s. 1009.40 and
875 rules of the State Board of Education, must:
876 1. Physically reside in this state on or near the campus of
877 the postsecondary educational institution in which the student
878 is enrolled;
879 2. Earn a high school diploma from a school outside Florida
880 which is comparable to a standard Florida high school diploma or
881 its equivalent pursuant to s. 1002.3105, s. 1003.4281, s.
882 1003.4282, or s. 1003.435 or must complete a home education
883 program in another state; and
884 3. Be accepted by and enrolled full-time in a baccalaureate
885 degree program at an eligible regionally accredited Florida
886 public or independent postsecondary educational institution
887 during the fall academic term following high school graduation.
888 (5)(a)1. An eligible student who meets the requirements of
889 paragraph (4)(a), who is a National Merit Scholar or National
890 Achievement Scholar, and who attends a Florida public
891 postsecondary educational institution shall receive a
892 scholarship award equal to the institutional cost of attendance
893 minus the sum of the student’s Florida Bright Futures
894 Scholarship and National Merit Scholarship or National
895 Achievement Scholarship.
896 2. An eligible student who meets the requirements of
897 paragraph (4)(b), who is a National Merit Scholar, and who
898 attends a Florida public postsecondary educational institution
899 shall receive a scholarship award equal to the institutional
900 cost of attendance for a resident of this state minus the
901 student’s National Merit Scholarship. Such student is exempt
902 from the payment of out-of-state fees.
903 (b) An eligible student who is a National Merit Scholar or
904 National Achievement Scholar and who attends a Florida
905 independent postsecondary educational institution shall receive
906 a scholarship award equal to the highest cost of attendance for
907 a resident of this state enrolled at a Florida public
908 university, as reported by the Board of Governors of the State
909 University System, minus the sum of the student’s Florida Bright
910 Futures Scholarship and National Merit Scholarship or National
911 Achievement Scholarship.
912 (6)(a) To be eligible for a renewal award, a student must
913 be enrolled full time, earn all credits for which he or she was
914 enrolled, and maintain a 3.0 or higher grade point average. An
915 eligible Benacquisto Scholar who has fewer than 12 credits
916 remaining to complete his or her first baccalaureate degree may
917 receive funding for one term in order to complete the degree.
918 (b) A student’s renewal status is not affected by
919 subsequent changes in the residency status of the student or the
920 residency status of the student’s family.
921 (c)(b) A student may receive the scholarship award for a
922 maximum of 100 percent of the number of credit hours required to
923 complete a baccalaureate degree program, or until completion of
924 a baccalaureate degree program, whichever comes first.
925 (d) A student may receive an award for up to 5 years
926 following high school graduation and may not receive the award
927 for more than 10 semesters.
928 (e) A student who receives an award under this program and
929 fails to meet the renewal requirements due to a verifiable
930 illness or other documented emergency may be granted an
931 exception pursuant to s. 1009.40(1)(b)4.
932 Section 13. Section 1011.45, Florida Statutes, is amended
933 to read:
934 1011.45 End of year balance of funds.—Unexpended amounts in
935 any fund in a university current year operating budget shall be
936 carried forward and included as the balance forward for that
937 fund in the approved operating budget for the following year.
938 (1) Each university shall maintain a minimum carry forward
939 balance of at least 7 percent of its state operating budget. If
940 a university fails to maintain a 7 percent balance in state
941 operating funds, the university shall submit a plan to the Board
942 of Governors to attain the 7 percent balance of state operating
943 funds within the next fiscal year.
944 (2) Each university that retains a state operating fund
945 carry forward balance in excess of the 7 percent minimum shall
946 submit a spending plan for its excess carry forward balance. The
947 spending plan shall be submitted to the university’s board of
948 trustees for review, approval, or, if necessary, amendment by
949 September 30 1, 2020, and each September 30 1 thereafter. The
950 Board of Governors shall review, approve, and amend, if
951 necessary, each university’s carry forward spending plan by
952 November 15 October 1, 2020, and each November 15 October 1
953 thereafter.
954 (3) A university’s carry forward spending plan shall
955 include the estimated cost per planned expenditure and a
956 timeline for completion of the expenditure. Authorized
957 expenditures in a carry forward spending plan may include:
958 (a) Commitment of funds to a public education capital
959 outlay project for which an appropriation has previously been
960 provided that requires additional funds for completion and which
961 is included in the list required by s. 1001.706(12)(d);
962 (b) Completion of a renovation, repair, or maintenance
963 project that is consistent with the provisions of s. 1013.64(1),
964 up to $5 million per project, and replacement of a minor
965 facility that does not exceed 10,000 gross square feet in size
966 up to $2 million;
967 (c) Completion of a remodeling or infrastructure project,
968 including a project for a development research school, up to $10
969 million per project, if such project is survey recommended
970 pursuant to s. 1013.31;
971 (d) Completion of a repair or replacement project necessary
972 due to damage caused by a natural disaster for buildings
973 included in the inventory required pursuant to s. 1013.31;
974 (e) Operating expenditures that support the university
975 mission and that are nonrecurring; and
976 (f) Any purpose specified by the board or in the General
977 Appropriations Act; and
978 (g) A commitment of funds to a contingency reserve to
979 assist in addressing unforeseen circumstances that may arise,
980 including natural disasters and other emergencies.
981 (4) Annually, by September 30, the chief financial officer
982 of each university shall certify the unexpended amount of funds
983 appropriated to the university from the General Revenue Fund,
984 the Educational Enhancement Trust Fund, and the
985 Education/General Student and Other Fees Trust Fund as of June
986 30 of the previous fiscal year.
987 (5) A university may spend the minimum carry forward
988 carryforward balance of 7 percent if a demonstrated emergency
989 exists and the plan is approved by the university’s board of
990 trustees and the Board of Governors.
991 Section 14. Subsection (3) of section 1012.976, Florida
992 Statutes, is amended to read:
993 1012.976 Remuneration of state university administrative
994 employees; limitations.—
995 (3) EXCEPTIONS.—This section does not prohibit any party
996 from providing cash or cash-equivalent compensation from funds
997 that are not appropriated state funds to a state university
998 administrative employee in excess of the limit in subsection
999 (2). If a party is unable or unwilling to fulfill an obligation
1000 to provide cash or cash-equivalent compensation to a state
1001 university administrative employee as permitted under this
1002 subsection, appropriated state funds may not be used to fulfill
1003 such obligation. This section does not apply to university
1004 teaching faculty or medical school faculty or staff. The Board
1005 of Governors shall define in regulation the university faculty
1006 and administrative personnel classifications.
1007 Section 15. Paragraph (b) of subsection (2), paragraph (b)
1008 of subsection (3), and subsection (4) of section 1013.841,
1009 Florida Statutes, are amended to read:
1010 1013.841 End of year balance of Florida College System
1011 institution funds.—
1012 (2)(b) Each Florida College System institution with a final
1013 FTE less than 15,000 for the prior year that retains a state
1014 operating fund carry forward balance in excess of the 5 percent
1015 minimum shall submit a spending plan for its excess carry
1016 forward balance. The spending plan shall include all excess
1017 carry forward funds from state operating funds. The spending
1018 plan shall be submitted to the Florida College System
1019 institution’s board of trustees for approval by September 30 1,
1020 2020, and each September 30 1 thereafter. The State Board of
1021 Education shall review and publish each Florida College System
1022 institution’s carry forward spending plan by November 15 October
1023 1, 2020, and each November 15 October 1 thereafter.
1024 (3)(b) Each Florida College System institution with a final
1025 FTE of 15,000 or greater for the prior year that retains a state
1026 operating fund carry forward balance in excess of the 7 percent
1027 minimum shall submit a spending plan for its excess carry
1028 forward balance. The spending plan shall include all excess
1029 carry forward funds from state operating funds. The spending
1030 plan shall be submitted to the Florida College System
1031 institution’s board of trustees for approval by September 30 1,
1032 2020, and each September 30 1 thereafter. The State Board of
1033 Education shall review and publish each Florida College System
1034 institution’s carry forward spending plan by November 15 October
1035 1, 2020, and each November 15 October 1 thereafter.
1036 (4) A Florida College System institution identified in
1037 paragraph (3)(a) must include in its carry forward spending plan
1038 the estimated cost per planned expenditure and a timeline for
1039 completion of the expenditure. Authorized expenditures in a
1040 carry forward spending plan may include:
1041 (a) Commitment of funds to a public education capital
1042 outlay project for which an appropriation was previously
1043 provided, which requires additional funds for completion, and
1044 which is included in the list required by s. 1001.03(18)(d);
1045 (b) Completion of a renovation, repair, or maintenance
1046 project that is consistent with the provisions of s. 1013.64(1),
1047 up to $5 million per project;
1048 (c) Completion of a remodeling or infrastructure project,
1049 up to $10 million per project, if such project is survey
1050 recommended pursuant to s. 1013.31;
1051 (d) Completion of a repair or replacement project necessary
1052 due to damage caused by a natural disaster for buildings
1053 included in the inventory required pursuant to s. 1013.31;
1054 (e) Operating expenditures that support the Florida College
1055 System institution’s mission which are nonrecurring; and
1056 (f) Any purpose approved by the state board or specified in
1057 the General Appropriations Act; and
1058 (g) A commitment of funds to a contingency reserve to
1059 assist in addressing unforeseen circumstances that may arise,
1060 including natural disasters and other emergencies.
1061 Section 16. This act shall take effect July 1, 2020.