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 universitywhich is42 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 isshall bedetermined 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.