Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1728
       
       
       
       
       
       
                                Ì1739421Î173942                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/23/2021           .                                
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       The Committee on Education (Gruters) recommended the following:
       
    1         Senate Substitute for Amendment (640458) (with title
    2  amendment)
    3  
    4         Between lines 58 and 59
    5  insert:
    6         Section 2. Section 1009.261, Florida Statutes, is created
    7  to read:
    8         1009.261Grandchild Out-of-State Fees Waiver Compact.—The
    9  Grandchild Out-of-State Fees Waiver Compact is enacted into law
   10  and entered into by this state with all other jurisdictions
   11  legally joining therein in the form substantially as follows:
   12  
   13                     GRANDCHILDREN OUT-OF-STATE                    
   14                         FEES WAIVER COMPACT                       
   15  
   16                              ARTICLE I                            
   17                       DECLARATION OF PURPOSE                      
   18  
   19         The general purposes of this compact are to:
   20         (1)Increase access to postsecondary education to students
   21  whose families are split between two or more states by reducing
   22  costs associated with out-of-state fees.
   23         (2)Encourage students to exercise their rights to travel
   24  and to choose the postsecondary education that best suits their
   25  needs.
   26         (3) Increase postsecondary educational choices.
   27         (4)Decrease the economic burden posed by postsecondary
   28  out-of-state fees.
   29  
   30                             ARTICLE II                            
   31                             DEFINITIONS                           
   32  
   33         As used in this compact, the term:
   34         (1) “Grandparent” means a person who has a legal
   35  relationship to a student’s parent as the natural or adopted
   36  parent or legal guardian of the student’s parent.
   37         (2) “Member state” means a state that has enacted this
   38  compact.
   39         (3) “Out-of-state fees” means any additional fee for
   40  instruction, which is charged to a student who does not qualify
   41  for the in-state tuition rate pursuant to the laws of a member
   42  state, imposed by a public postsecondary educational institution
   43  located within the member state. A charge for any other purpose
   44  may not be included within this fee.
   45         (4) “Postsecondary educational institution” means a public
   46  university or college located within a member state.
   47         (5) “State” includes the District of Columbia and any
   48  state, territory, or possession of the United States which
   49  oversees one or more public postsecondary educational
   50  institutions.
   51         (6) “Student’s parent” means a person who has a legal
   52  relationship to a student as the natural or adopted parent or
   53  legal guardian of the student.
   54  
   55                             ARTICLE III                           
   56                      OUT-OF-STATE FEES WAIVER                     
   57  
   58         (1)Postsecondary educational institutions located within
   59  each member state shall waive out-of-state fees for a
   60  nonresident student who:
   61         (a) Is a United States citizen.
   62         (b)Has a grandparent who is a legal resident under the
   63  applicable laws of the member state.
   64         (c)1.Achieves an SAT combined score no lower than the 89th
   65  national percentile on the SAT;
   66         2.Achieves an ACT score concordant to the SAT score
   67  required in subparagraph 1., as designated in the latest
   68  published national concordance table developed jointly by the
   69  College Board and ACT, Inc.; or
   70         3.Achieves a Classic Learning Test (CLT) score concordant
   71  to the required SAT score in subparagraph 1., as designated in
   72  the latest published scoring comparison developed by Classic
   73  Learning Initiatives, but only if the member state postsecondary
   74  institution accepts the CLT for admission purposes.
   75         (d)Enrolls as a full-time undergraduate student at a
   76  member state postsecondary institution in the fall academic term
   77  immediately following high school graduation.
   78         (2)The waiver under this compact is applicable for up to
   79  110 percent of the number of required credit hours of the degree
   80  program in which the student is enrolled.
   81         (3) Prior to waiving any out-of-state fees, a member state
   82  postsecondary educational institution shall require the student,
   83  or the student’s parent if the student is a dependent child, to
   84  provide a written declaration verifying the student’s familial
   85  relationship to a grandparent who is a legal resident of the
   86  member state.
   87  
   88                             ARTICLE IV                            
   89                              OVERSIGHT                            
   90  
   91         The executive, legislative, and judicial branches of state
   92  government in each member state shall enforce this compact and
   93  take all actions necessary and appropriate to effectuate the
   94  compact’s purposes and intent. The provisions of this compact
   95  have standing as statutory law.
   96  
   97                              ARTICLE V                            
   98          DATE OF IMPLEMENTATION, WITHDRAWAL, AND AMENDMENT        
   99  
  100         (1)The compact shall take effect on the date on which it
  101  is enacted into law by two states. Thereafter it is effective as
  102  to any state upon its enactment by that state.
  103         (2)A member state may withdraw from this compact by
  104  repealing the statute in which it is enacted. A member state’s
  105  withdrawal may not take effect until 6 months after enactment of
  106  the repeal.
  107         (3)This compact may not be construed to invalidate or
  108  prohibit any law of a member state that does not conflict with
  109  the provisions of this compact.
  110         (4)This compact may be amended by the member states. An
  111  amendment to this compact is effective and binding after it is
  112  enacted into the laws of all member states.
  113  
  114                             ARTICLE VI                            
  115                    CONSTRUCTION AND SEVERABILITY                  
  116  
  117         This compact shall be liberally construed so as to
  118  effectuate its purposes. The provisions of this compact are
  119  severable, and if any phrase, clause, sentence, or provision
  120  thereof is declared to be contrary to the constitution of any
  121  state or to the Constitution of the United States, or the
  122  application thereof to any government, agency, person, or
  123  circumstance is held invalid, the validity of the remainder of
  124  this compact and the applicability thereof to any government,
  125  agency, person, or circumstance is not affected thereby. If this
  126  compact is held to be contrary to the constitution of any state
  127  participating therein, it remains in full force and effect as to
  128  the state affected as to all severable provisions.
  129  
  130  ================= T I T L E  A M E N D M E N T ================
  131  And the title is amended as follows:
  132         Delete line 13
  133  and insert:
  134         to adopt regulations; creating s. 1009.261, F.S.;
  135         enacting the Grandchild Out-of-State Fees Waiver
  136         Compact; providing the purposes of the compact;
  137         defining terms; requiring postsecondary educational
  138         institutions located within member states to waive
  139         out-of-state fees for students who meet specified
  140         criteria; providing that the waiver is applicable for
  141         up to a specified amount of credits; requiring member
  142         state postsecondary educational institutions to
  143         require a student, or the student’s parent if the
  144         student is a dependent child, to provide a written
  145         declaration verifying eligibility; requiring the
  146         executive, legislative, and judicial branches of
  147         member state governments to enforce the compact;
  148         providing that the provisions of the compact have
  149         standing as statutory law; providing for the
  150         implementation, withdrawal, and amendment of the
  151         compact; providing construction; providing an
  152         effective date.