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         1009.261Grandchild 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.