Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 1728 Ì1739421Î173942 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/23/2021 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 1009.261 Grandchild 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.