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

       The Committee on Education (Polsky) recommended the following:
    1         Senate Amendment to Amendment (594362) (with title
    2  amendment)
    4         Between lines 141 and 142
    5  insert:
    6         Section 4. Subsection (1) of section 1009.42, Florida
    7  Statutes, is amended to read:
    8         1009.42 Financial aid appeal process.—
    9         (1)(a) The State Board of Education shall adopt, by rule,
   10  procedures a procedure for the appeal of:
   11         1. Errors in eligibility determinations, or failure to
   12  transfer awards between eligible institutions, made by the
   13  Office of Student Financial Assistance of the Department of
   14  Education, regarding applicants’ eligibility for receiving state
   15  student financial aid awards; and
   16         2. Beginning with the 2023-2024 academic year:
   17         a.Determinations that a student is ineligible for an award
   18  for more than 60 credit hours because the student is enrolled in
   19  an arts degree program; and
   20         b.Determinations that a student is ineligible for a
   21  maximum award because the student is enrolled in a certificate
   22  program, technical diploma program, career degree program, or
   23  major as a part of a baccalaureate degree program identified on
   24  the list established pursuant to s. 1009.46(2)(a).
   25         (b) The procedures procedure must provide for establishment
   26  of a committee to consider appeals that are not resolved by
   27  other administrative action. Each committee must be comprised of
   28  four members appointed by the Commissioner of Education,
   29  including one representative of the Office of Student Financial
   30  Assistance; two practicing financial aid administrators from
   31  public or private postsecondary institutions in this state, one
   32  of whom must be from an institution other than one to which the
   33  applicant is seeking admission or in which the applicant is
   34  enrolled, as applicable; and one student enrolled in a public
   35  postsecondary institution in this state, nominated by the
   36  Florida Student Association.
   37         (c) An applicant for state student financial aid may submit
   38  an appeal who believes an error has been made in determining
   39  eligibility for student financial assistance or who believes the
   40  department has failed to transfer an award between eligible
   41  institutions may appeal the decision in writing to the Office of
   42  Student Financial Assistance based on the circumstances
   43  described in subparagraphs (a)1. and 2. The Office of Student
   44  Financial Assistance shall investigate the complaint and take
   45  appropriate action within 30 days after its receipt of the
   46  appeal. Notwithstanding s. 1009.40(1)(c), a student submitting
   47  an appeal under subparagraph (a)2. must be deemed eligible to
   48  receive the maximum applicable state student financial aid
   49  awards if the appeal demonstrates that the student’s chosen
   50  program would help the student obtain a career in the future. If
   51  the student wishes further review of the appeal, the Office of
   52  Student Financial Assistance shall forward the appeal to the
   53  committee. Within 30 days after the receipt of a request for a
   54  hearing, a final decision shall be rendered by the committee
   55  established under this section, and a copy of the decision shall
   56  be provided to the applicant. The decision rendered by the
   57  committee constitutes final agency action.
   58         (d) A description of the financial aid appeals process must
   59  shall be included in the application form for each state student
   60  financial aid program.
   62  ================= T I T L E  A M E N D M E N T ================
   63  And the title is amended as follows:
   64         Delete line 772
   65  and insert:
   66         funding levels before award disbursement; amending s.
   67         1009.42, F.S.; requiring the State Board of Education
   68         to adopt procedures; authorizing students to appeal
   69         specified eligibility determinations; requiring that
   70         such students be deemed eligible to receive the
   71         maximum applicable state student financial aid awards
   72         if the appeal demonstrates that the chosen program
   73         would help the students obtain a career in the future;
   74         creating s.