Florida Senate - 2025                                     SB 244
       
       
        
       By Senator Fine
       
       
       
       
       
       19-00826-25                                            2025244__
    1                        A bill to be entitled                      
    2         An act relating to postsecondary education; creating
    3         s. 1004.072, F.S.; prohibiting Florida College System
    4         institutions and state universities that meet
    5         specified criteria from accepting the application of
    6         or admitting an individual who is undocumented for
    7         federal immigration purposes; amending s. 1007.263,
    8         F.S.; conforming a provision to changes made by the
    9         act; making technical changes; amending s. 1009.26,
   10         F.S.; deleting provisions relating to the waiver of
   11         out-of-state fees for certain students; providing an
   12         effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 1004.072, Florida Statutes, is created
   17  to read:
   18         1004.072 Admission of undocumented individuals prohibited.
   19  A Florida College System institution or a state university with
   20  an acceptance rate less than 85 percent may not accept the
   21  application of or admit an individual who is undocumented for
   22  federal immigration purposes.
   23         Section 2. Section 1007.263, Florida Statutes, is amended
   24  to read:
   25         1007.263 Florida College System institutions; admissions of
   26  students.—Each Florida College System institution board of
   27  trustees is authorized to adopt rules governing admissions of
   28  students subject to this section, s. 1004.072, and rules of the
   29  State Board of Education. These rules shall include the
   30  following:
   31         (1) Admissions counseling must shall be provided to all
   32  students entering college or career credit programs. For
   33  students who are not otherwise exempt from testing under s.
   34  1008.30, counseling must use the tests or alternative methods
   35  established by the State Board of Education under s. 1008.30 to
   36  measure achievement of college-level communication and
   37  computation competencies by students entering college credit
   38  programs. Counseling must measure achievement of basic skills
   39  for career education programs under s. 1004.91. Counseling
   40  includes providing developmental education options for students
   41  whose results, determined under s. 1008.30, indicate that they
   42  need to improve communication or computation skills that are
   43  essential to perform college-level work.
   44         (2) Admission to associate degree programs is subject to
   45  minimum standards adopted by the State Board of Education and
   46  must shall require:
   47         (a) A standard high school diploma; a State of Florida high
   48  school equivalency diploma awarded under s. 1003.435(2); a high
   49  school equivalency diploma issued by another state which is
   50  recognized as equivalent by State Board of Education rule and is
   51  based on an assessment recognized by the United States
   52  Department of Education; previously demonstrated competency in
   53  college credit postsecondary coursework; or, in the case of a
   54  student who is home educated, a signed affidavit submitted by
   55  the student’s parent or legal guardian attesting that the
   56  student has completed a home education program pursuant to the
   57  requirements of s. 1002.41. Students who are enrolled in a dual
   58  enrollment or early admission program pursuant to s. 1007.271
   59  are exempt from this requirement.
   60         (b) A demonstrated level of achievement of college-level
   61  communication and computation skills.
   62         (c) Any other requirement requirements established by the
   63  board of trustees.
   64         (3) Admission to other programs within the Florida College
   65  System institution must shall include education requirements as
   66  established by the board of trustees.
   67         (4) A student who has been awarded a certificate of
   68  completion under s. 1003.4282 is eligible to enroll in
   69  certificate career education programs.
   70         (5) A student with a documented disability may be eligible
   71  for reasonable substitutions, as prescribed in ss. 1007.264 and
   72  1007.265.
   73  
   74  Each board of trustees shall establish policies that notify
   75  students about developmental education options for improving
   76  their communication or computation skills that are essential to
   77  performing college-level work, including tutoring, extended time
   78  in gateway courses, free online courses, adult basic education,
   79  adult secondary education, or private provider instruction.
   80         Section 3. Subsection (12) of section 1009.26, Florida
   81  Statutes, is amended to read:
   82         1009.26 Fee waivers.—
   83         (12)(a)A state university, a Florida College System
   84  institution, a career center operated by a school district under
   85  s. 1001.44, or a charter technical career center shall waive
   86  out-of-state fees for students, including, but not limited to,
   87  students who are undocumented for federal immigration purposes,
   88  who meet the following conditions:
   89         1.Attended a secondary school in this state for 3
   90  consecutive years immediately before graduating from a high
   91  school in this state;
   92         2.Apply for enrollment in an institution of higher
   93  education within 24 months after high school graduation; and
   94         3.Submit an official Florida high school transcript as
   95  evidence of attendance and graduation.
   96         (b)Tuition and fees charged to a student who qualifies for
   97  the out-of-state fee waiver under this subsection may not exceed
   98  the tuition and fees charged to a resident student. The waiver
   99  is applicable for 110 percent of the required credit hours of
  100  the degree or certificate program for which the student is
  101  enrolled. Each state university, Florida College System
  102  institution, career center operated by a school district under
  103  s. 1001.44, and charter technical career center shall report to
  104  the Board of Governors and the State Board of Education,
  105  respectively, the number and value of all fee waivers granted
  106  annually under this subsection. By October 1 of each year, the
  107  Board of Governors for the state universities and the State
  108  Board of Education for Florida College System institutions,
  109  career centers operated by a school district under s. 1001.44,
  110  and charter technical career centers shall annually report for
  111  the previous academic year the percentage of resident and
  112  nonresident students enrolled systemwide.
  113         (c)A state university student granted an out-of-state fee
  114  waiver under this subsection must be considered a nonresident
  115  student for purposes of calculating the systemwide total
  116  enrollment of nonresident students as limited by regulation of
  117  the Board of Governors. In addition, a student who is granted an
  118  out-of-state fee waiver under this subsection is not eligible
  119  for state financial aid under part III of this chapter and must
  120  not be reported as a resident for tuition purposes.
  121         (d)A state university, a Florida College System
  122  institution, a career center operated by a school district under
  123  s. 1001.44, or a charter technical career center shall, within
  124  the nonresident student enrollment systemwide, prioritize the
  125  enrollment of a veteran who is granted an out-of-state fee
  126  waiver pursuant to the Congressman C.W. “Bill” Young Tuition
  127  Waiver Act over a student who is granted an out-of-state fee
  128  waiver under this subsection.
  129         Section 4. This act shall take effect July 1, 2025.