Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 86
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Education (Polsky) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 243 and 244
    4  insert:
    5         Section 3. Subsection (1) of section 1009.42, Florida
    6  Statutes, is amended to read:
    7         1009.42 Financial aid appeal process.—
    8         (1)(a) The State Board of Education shall adopt, by rule,
    9  procedures a procedure for the appeal of:
   10         1. Errors in eligibility determinations, or failure to
   11  transfer awards between eligible institutions, made by the
   12  Office of Student Financial Assistance of the Department of
   13  Education, regarding applicants’ eligibility for receiving state
   14  student financial aid awards; and
   15         2. Beginning with the 2022-2023 academic year, eligibility
   16  determinations made under s. 1009.40(1)(c) based solely on
   17  whether a student is enrolled in a career certificate or degree
   18  program on an approved list developed pursuant to s.
   19  1009.46(2)(a).
   20         (b) The procedures procedure must provide for establishment
   21  of a committee to consider appeals that are not resolved by
   22  other administrative action. Each committee must be comprised of
   23  four members appointed by the Commissioner of Education,
   24  including one representative of the Office of Student Financial
   25  Assistance; two practicing financial aid administrators from
   26  public or private postsecondary institutions in this state, one
   27  of whom must be from an institution other than one to which the
   28  applicant is seeking admission or enrolled in, as applicable;
   29  and one student enrolled in a public postsecondary institution
   30  in this state, nominated by the Florida Student Association.
   31         (c) An applicant for state student financial aid may submit
   32  an appeal who believes an error has been made in determining
   33  eligibility for student financial assistance or who believes the
   34  department has failed to transfer an award between eligible
   35  institutions may appeal the decision in writing to the Office of
   36  Student Financial Assistance based on the circumstances
   37  described in subparagraphs (a)1. and 2. The Office of Student
   38  Financial Assistance shall investigate the complaint and take
   39  appropriate action within 30 days after its receipt of the
   40  appeal. Notwithstanding s. 1009.40(1)(c), a student submitting
   41  an appeal under subparagraph (a)2. must be deemed eligible to
   42  receive state student financial aid awards if the appeal
   43  demonstrates that the student’s chosen program would help the
   44  student attain a career in the future. If the student wishes
   45  further review of the appeal, the Office of Student Financial
   46  Assistance shall forward the appeal to the committee. Within 30
   47  days after the receipt of a request for a hearing, a final
   48  decision shall be rendered by the committee established under
   49  this section, and a copy of the decision shall be provided to
   50  the applicant. The decision rendered by the committee
   51  constitutes final agency action.
   52         (d) A description of the financial aid appeals process
   53  shall be included in the application form for each state student
   54  financial aid program.
   56  ================= T I T L E  A M E N D M E N T ================
   57  And the title is amended as follows:
   58         Delete line 15
   59  and insert:
   60         to receive certain funding; amending s. 1009.42, F.S.;
   61         revising the postsecondary financial aid appeal
   62         process; requiring the State Board of Education to
   63         adopt procedures; authorizing students to appeal
   64         eligibility determinations based solely on whether the
   65         student is enrolled in a career certificate or degree
   66         program on certain approved lists; requiring such
   67         students to be deemed eligible to receive state
   68         student financial aid awards if the appeal
   69         demonstrates that the chosen program would help the
   70         students attain a career in the future; creating s.
   71         1009.46, F.S.;