Florida Senate - 2021 CS for SB 1728 By the Committee on Education; and Senators Baxley and Garcia 581-03260-21 20211728c1 1 A bill to be entitled 2 An act relating to an out-of-state fee waiver for 3 nonresident students; amending s. 1009.26, F.S.; 4 requiring a state university to waive the out-of-state 5 fee for a nonresident student who meets certain 6 requirements; providing applicability; requiring each 7 state university to report specified information 8 regarding such out-of-state fee waivers to the Board 9 of Governors annually; requiring that a student who is 10 granted such out-of-state fee waiver be excluded from 11 the limitation on the systemwide total enrollment of 12 nonresident students; requiring the Board of Governors 13 to adopt regulations; creating s. 1009.261, F.S.; 14 enacting the Grandchild Out-of-State Fees Waiver 15 Compact; providing the purposes of the compact; 16 defining terms; requiring postsecondary educational 17 institutions located within member states to waive 18 out-of-state fees for students who meet specified 19 criteria; providing that the waiver is applicable for 20 up to a specified amount of credits; requiring member 21 state postsecondary educational institutions to 22 require a student, or the student’s parent if the 23 student is a dependent child, to provide a written 24 declaration verifying eligibility; requiring the 25 executive, legislative, and judicial branches of 26 member state governments to enforce the compact; 27 providing that the provisions of the compact have 28 standing as statutory law; providing for the 29 implementation, withdrawal, and amendment of the 30 compact; providing construction; providing an 31 effective date. 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35 Section 1. Subsection (18) is added to section 1009.26, 36 Florida Statutes, to read: 37 1009.26 Fee waivers.— 38 (18)(a) A state university shall waive the out-of-state fee 39 for a nonresident student who: 40 1. Is a United States citizen. 41 2. Has a grandparent who is a legal resident as defined in 42 s. 1009.21(1). 43 3. Earns a high school diploma comparable to a standard 44 Florida high school diploma, or its equivalency, or completes a 45 home education program. 46 4.a. Achieves an SAT combined score no lower than the 89th 47 national percentile on the SAT; 48 b. Achieves an ACT score concordant to the required SAT 49 score in sub-subparagraph a., using the latest published 50 national concordance table developed jointly by the College 51 Board and ACT, Inc.; or 52 c. If a state university accepts the Classic Learning Test 53 (CLT) for admission purposes, achieves a CLT score concordant to 54 the required SAT score in sub-subparagraph a., using the latest 55 published scoring comparison developed by Classic Learning 56 Initiatives. 57 5. Enrolls as a full-time undergraduate student at a state 58 university in the fall academic term immediately following high 59 school graduation. 60 (b) The waiver under this subsection is applicable for up 61 to 110 percent of the number of required credit hours of the 62 degree program for which the student is enrolled. 63 (c) Prior to waiving the out-of-state fee, the state 64 university shall require the student, or the student’s parent if 65 the student is a dependent child, to provide a written 66 declaration pursuant to s. 92.525(2) verifying the student’s 67 familial relationship to a grandparent who is a legal resident. 68 (d) Each state university shall report to the Board of 69 Governors the number and value of all fee waivers granted 70 annually under this subsection. 71 (e) A nonresident student granted an out-of-state fee 72 waiver under this subsection shall be excluded from the 73 limitation on systemwide total enrollment of nonresident 74 students established by regulation of the Board of Governors. 75 (f) The Board of Governors shall adopt regulations to 76 administer this subsection. 77 Section 2. Section 1009.261, Florida Statutes, is created 78 to read: 79 1009.261 Grandchild Out-of-State Fees Waiver Compact.—The 80 Grandchild Out-of-State Fees Waiver Compact is enacted into law 81 and entered into by this state with all other jurisdictions 82 legally joining therein in the form substantially as follows: 83 84 GRANDCHILD OUT-OF-STATE 85 FEES WAIVER COMPACT 86 87 ARTICLE I 88 DECLARATION OF PURPOSE 89 90 The general purposes of this compact are to: 91 (1) Increase access to postsecondary education to students 92 whose families are split between two or more states by reducing 93 costs associated with out-of-state fees. 94 (2) Encourage students to exercise their rights to travel 95 and to choose the postsecondary education that best suits their 96 needs. 97 (3) Increase postsecondary educational choices. 98 (4) Decrease the economic burden posed by postsecondary 99 out-of-state fees. 100 101 ARTICLE II 102 DEFINITIONS 103 104 As used in this compact, the term: 105 (1) “Grandparent” means a person who has a legal 106 relationship to a student’s parent as the natural or adopted 107 parent or legal guardian of the student’s parent. 108 (2) “Member state” means a state that has enacted this 109 compact. 110 (3) “Out-of-state fees” means any additional fee for 111 instruction, which is charged to a student who does not qualify 112 for the in-state tuition rate pursuant to the laws of a member 113 state, imposed by a public postsecondary educational institution 114 located within the member state. A charge for any other purpose 115 may not be included within this fee. 116 (4) “Postsecondary educational institution” means a public 117 university or college located within a member state. 118 (5) “State” includes the District of Columbia and any 119 state, territory, or possession of the United States which 120 oversees one or more public postsecondary educational 121 institutions. 122 (6) “Student’s parent” means a person who has a legal 123 relationship to a student as the natural or adopted parent or 124 legal guardian of the student. 125 126 ARTICLE III 127 OUT-OF-STATE FEES WAIVER 128 129 (1) Postsecondary educational institutions located within 130 each member state shall waive out-of-state fees for a 131 nonresident student who: 132 (a) Is a United States citizen. 133 (b) Has a grandparent who is a legal resident under the 134 applicable laws of the member state. 135 (c)1. Achieves an SAT combined score no lower than the 89th 136 national percentile on the SAT; 137 2. Achieves an ACT score concordant to the SAT score 138 required in subparagraph 1., as designated in the latest 139 published national concordance table developed jointly by the 140 College Board and ACT, Inc.; or 141 3. Achieves a Classic Learning Test (CLT) score concordant 142 to the required SAT score in subparagraph 1., as designated in 143 the latest published scoring comparison developed by Classic 144 Learning Initiatives, but only if the member state postsecondary 145 institution accepts the CLT for admission purposes. 146 (d) Enrolls as a full-time undergraduate student at a 147 member state postsecondary institution in the fall academic term 148 immediately following high school graduation. 149 (2) The waiver under this compact is applicable for up to 150 110 percent of the number of required credit hours of the degree 151 program in which the student is enrolled. 152 (3) Prior to waiving any out-of-state fees, a member state 153 postsecondary educational institution shall require the student, 154 or the student’s parent if the student is a dependent child, to 155 provide a written declaration verifying the student’s familial 156 relationship to a grandparent who is a legal resident of the 157 member state. 158 159 ARTICLE IV 160 OVERSIGHT 161 162 The executive, legislative, and judicial branches of state 163 government in each member state shall enforce this compact and 164 take all actions necessary and appropriate to effectuate the 165 compact’s purposes and intent. The provisions of this compact 166 have standing as statutory law. 167 168 ARTICLE V 169 DATE OF IMPLEMENTATION, WITHDRAWAL, AND AMENDMENT 170 171 (1) The compact shall take effect on the date on which it 172 is enacted into law by two states. Thereafter it is effective as 173 to any state upon its enactment by that state. 174 (2) A member state may withdraw from this compact by 175 repealing the statute in which it is enacted. A member state’s 176 withdrawal may not take effect until 6 months after enactment of 177 the repeal. 178 (3) This compact may not be construed to invalidate or 179 prohibit any law of a member state that does not conflict with 180 the provisions of this compact. 181 (4) This compact may be amended by the member states. An 182 amendment to this compact is effective and binding after it is 183 enacted into the laws of all member states. 184 185 ARTICLE VI 186 CONSTRUCTION AND SEVERABILITY 187 188 This compact shall be liberally construed so as to 189 effectuate its purposes. The provisions of this compact are 190 severable, and if any phrase, clause, sentence, or provision 191 thereof is declared to be contrary to the constitution of any 192 state or to the Constitution of the United States, or the 193 application thereof to any government, agency, person, or 194 circumstance is held invalid, the validity of the remainder of 195 this compact and the applicability thereof to any government, 196 agency, person, or circumstance is not affected thereby. If this 197 compact is held to be contrary to the constitution of any state 198 participating therein, it remains in full force and effect as to 199 the state affected as to all severable provisions. 200 Section 3. This act shall take effect July 1, 2021.