Florida Senate - 2022                                    SB 1838
       
       
        
       By Senator Taddeo
       
       
       
       
       
       40-00201A-22                                          20221838__
    1                        A bill to be entitled                      
    2         An act relating to student financial aid; amending s.
    3         1009.40, F.S.; providing that, for purposes of
    4         receiving state financial aid awards, a student may
    5         not be denied classification as a resident based on
    6         his or her immigration status if certain criteria are
    7         met; creating s. 1009.896, F.S.; defining terms;
    8         establishing the Professional Student Loan Repayment
    9         Program within the Department of Education; providing
   10         the purpose of the program; specifying professionals
   11         who are eligible to participate in the program;
   12         requiring the department to make payments, subject to
   13         appropriation and on a first-come, first-served basis,
   14         to professionals to repay student loans that were used
   15         to pay specified costs; providing that all payments
   16         are contingent on proof of primary employment in
   17         certain professions in a shortage area; providing that
   18         the state bears no responsibility for the accrual of
   19         any interest charges or other remaining balances;
   20         requiring the department to determine repayment
   21         amounts on a profession-by-profession basis; providing
   22         a maximum repayment amount per year per eligible
   23         professional; specifying maximum number of years a
   24         professional may receive repayments; prohibiting
   25         certain professionals from receiving repayments;
   26         requiring the State Board of Education to adopt rules;
   27         providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Paragraph (a) of subsection (1) of section
   32  1009.40, Florida Statutes, is amended to read:
   33         1009.40 General requirements for student eligibility for
   34  state financial aid awards and tuition assistance grants.—
   35         (1)(a) The general requirements for eligibility of students
   36  for state financial aid awards and tuition assistance grants
   37  consist of the following:
   38         1. Achievement of the academic requirements of and
   39  acceptance at a state university or Florida College System
   40  institution; a nursing diploma school approved by the Florida
   41  Board of Nursing; a Florida college or university which is
   42  accredited by an accrediting agency recognized by the State
   43  Board of Education; a Florida institution the credits of which
   44  are acceptable for transfer to state universities; a career
   45  center; or a private career institution accredited by an
   46  accrediting agency recognized by the State Board of Education.
   47         2. Residency in this state for no less than 1 year
   48  preceding the award of aid or a tuition assistance grant for a
   49  program established pursuant to s. 1009.50, s. 1009.505, s.
   50  1009.51, s. 1009.52, s. 1009.53, s. 1009.60, s. 1009.62, s.
   51  1009.72, s. 1009.73, s. 1009.75, s. 1009.77, s. 1009.89, or s.
   52  1009.894. Residency in this state must be for purposes other
   53  than to obtain an education. Resident status for purposes of
   54  receiving state financial aid awards is shall be determined in
   55  the same manner as resident status for tuition purposes pursuant
   56  to s. 1009.21. However, for purposes of receiving state
   57  financial aid awards, a student may not be denied classification
   58  as a resident based solely upon his or her immigration status if
   59  he or she has been granted:
   60         a.Temporary protected status by the United States
   61  Department of Homeland Security; or
   62         b.Deferred Action for Childhood Arrivals status or another
   63  form of prosecutorial discretion by the United States Department
   64  of Homeland Security.
   65         3. Submission of certification attesting to the accuracy,
   66  completeness, and correctness of information provided to
   67  demonstrate a student’s eligibility to receive state financial
   68  aid awards or tuition assistance grants. Falsification of such
   69  information shall result in the denial of a pending application
   70  and revocation of an award or grant currently held to the extent
   71  that no further payments shall be made. Additionally, students
   72  who knowingly make false statements in order to receive state
   73  financial aid awards or tuition assistance grants commit a
   74  misdemeanor of the second degree subject to the provisions of s.
   75  837.06 and shall be required to return all state financial aid
   76  awards or tuition assistance grants wrongfully obtained.
   77         Section 2. Section 1009.896, Florida Statutes, is created
   78  to read:
   79         1009.896 Professional Student Loan Repayment Program.—
   80         (1)As used in this section, the term:
   81         (a)“Professional” means an individual who meets any of the
   82  criteria of subsection (3).
   83         (b)“Shortage area” or “shortage” means a geographic area
   84  designated by the Department of Education which is experiencing
   85  a vacancy rate of more than 20 percent in the positions
   86  described in subsection (3).
   87         (2) The Professional Student Loan Repayment Program is
   88  established within the Department of Education to encourage
   89  professionals to practice in locations experiencing a shortage
   90  of such professionals. As an incentive, the program will make
   91  payments to repay the student loans of eligible professionals.
   92         (3)The following professionals are eligible to participate
   93  in this program:
   94         (a)Veterinarians licensed under chapter 474.
   95         (b)Physicians licensed under chapter 458 or chapter 459.
   96         (c)Licensed practical nurses, registered nurses, and
   97  advanced practice registered nurses licensed under part I of
   98  chapter 464.
   99         (d)Dentists licensed under chapter 466.
  100         (e)Instructional personnel certified under chapter 1012.
  101         (4)(a)Subject to appropriation and on a first-come, first
  102  served basis, the department shall make payments to
  103  professionals to repay student loans that were used by
  104  professionals to pay the costs of tuition, books, living
  105  expenses, and applicable equipment, supplies, and uniforms as
  106  determined by the department on a profession-by-profession
  107  basis.
  108         (b)All repayments are contingent on proof of primary
  109  employment as defined in State Board of Education rule in a
  110  profession described in subsection (3) in a shortage area. The
  111  state bears no responsibility for the accrual of any interest
  112  charges or other remaining balances.
  113         (c)The department shall determine repayment amounts on a
  114  profession-by-profession basis, except that repayments may not
  115  exceed $50,000 per year per eligible professional.
  116         (d)A professional may receive repayments under the program
  117  for a maximum of 5 years.
  118         (5)A repayment may not be made to a professional receiving
  119  student loan repayments or forgiveness under s. 381.4019 or any
  120  other student loan repayment or forgiveness program pursuant to
  121  this chapter.
  122         (6)The state board shall adopt rules to administer this
  123  section.
  124         Section 3. This act shall take effect July 1, 2022.