Florida Senate - 2026                             CS for SB 7038
       
       
        
       By the Appropriations Committee on Pre-K - 12 Education; and the
       Committee on Education Postsecondary
       
       
       
       
       602-02969-26                                          20267038c1
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 251.001,
    3         F.S.; requiring each Florida College System
    4         institution and state university to waive tuition and
    5         fees for members of the Florida State Guard if certain
    6         conditions are met; creating s. 413.0114, F.S.;
    7         requiring entities that offer fee-based services to
    8         individuals who are blind or visually impaired to
    9         disclose in writing whether the service may be
   10         obtained elsewhere at no cost; providing requirements
   11         for the disclosure; authorizing the State Board of
   12         Education to adopt rules; amending s. 413.208, F.S.;
   13         requiring certain service providers to apply to,
   14         rather than register with, the Division of Vocational
   15         Rehabilitation; requiring the division to establish
   16         minimum qualifications for service providers;
   17         requiring the division to establish an annual
   18         application period; authorizing the division to
   19         approve or deny any service provider application;
   20         providing that, as of a specified date, only certain
   21         service providers may participate in the vocational
   22         rehabilitation program; requiring the division to
   23         develop and make publicly available a certain annual
   24         report; requiring service providers to meet certain
   25         standards to maintain approved status; requiring that
   26         the rates for vocational rehabilitation services meet
   27         certain criteria; amending s. 491.005, F.S.; revising
   28         the date for a requirement to obtain a license as a
   29         marriage and family therapist; amending s. 1001.92,
   30         F.S.; revising access rate performance-based metric;
   31         amending s. 1003.437, F.S.; requiring the State Board
   32         of Education to establish a statewide uniform weighted
   33         grading system for specified courses and articulated
   34         acceleration mechanisms; requiring district school
   35         boards to use the system for a specified purpose;
   36         amending s. 1005.06, F.S.; revising the list of
   37         institutions that are not under the jurisdiction of
   38         the Commission for Independent Education; amending s.
   39         1007.25, F.S.; revising the timeframe for Florida
   40         College System institutions and state universities to
   41         submit comments in response to a specified notice of
   42         intent; amending s. 1007.271, F.S.; revising the list
   43         of postsecondary institutions that are eligible to
   44         participate in a dual enrollment program; amending s.
   45         1008.30, F.S.; deleting a requirement for the State
   46         Board of Education to adopt rules; authorizing school
   47         district career centers to use alternative methods
   48         adopted by the board in lieu of common placement tests
   49         to assess students in basic communication and
   50         computation skills; authorizing Florida College System
   51         institutions to request approval of institution
   52         specific alternative methods; making conforming
   53         changes; amending s. 1008.44, F.S.; deleting a
   54         provision limiting how supplemental funding may be
   55         earned for the CAPE Industry Certification Funding
   56         List; amending s. 1008.47, F.S.; revising the
   57         timeframe for a public postsecondary institution to
   58         seek and obtain accreditation; amending s. 1009.21,
   59         F.S.; providing that a person may not lose his or her
   60         resident status for tuition purposes due to
   61         incarceration; providing that a person may not lose
   62         his or her resident status for tuition purposes due to
   63         his or her parent serving outside this state in
   64         certain capacities; amending s. 1009.26, F.S.;
   65         providing that a fee waiver only applies to a full
   66         time undergraduate student, beginning with a specified
   67         academic year; revising requirements for a fee waiver;
   68         amending s. 1009.30, F.S.; requiring that certain
   69         postsecondary institutions be reimbursed for public
   70         school students under the Dual Enrollment Scholarship
   71         Program; amending s. 1009.536, F.S.; revising student
   72         eligibility requirements for the Florida Gold Seal
   73         Vocational Scholars and Florida Gold Seal CAPE
   74         Scholars awards; authorizing a student to apply for
   75         the Florida Gold Seal CAPE Scholars award within a
   76         specified timeframe; amending s. 1009.893, F.S.;
   77         authorizing a student to defer an award under the
   78         Benacquisto Scholarship Program; amending s. 1009.983,
   79         F.S.; authorizing a specified designee with certain
   80         credentials to serve as director of the direct-support
   81         organization for the Florida Prepaid College
   82         Foundation, Inc.; amending s. 1009.986, F.S.; revising
   83         the membership of the board of directors of Florida
   84         ABLE, Inc.; amending s. 1011.62, F.S.; revising the
   85         academic acceleration options supplement in the
   86         Florida Education Finance Program to include a method
   87         for calculating additional full-time equivalent
   88         membership based on a specified course and test score;
   89         providing specified bonuses; amending s. 1011.84,
   90         F.S.; revising the components to be considered by the
   91         Legislature in determining an apportionment of state
   92         funds to a Florida College System institution;
   93         deleting obsolete provisions; amending s. 1013.841,
   94         F.S.; requiring all Florida College System
   95         institutions, rather than only certain institutions,
   96         to maintain a specified carry forward balance;
   97         providing that a Florida College System institution
   98         may retain an annual reserve amount exceeding the
   99         carry forward balance; deleting obsolete provisions;
  100         authorizing the inclusion in a carry forward spending
  101         plan of the retention of a carry forward balance as a
  102         reserve fund for a specified use; providing an
  103         effective date.
  104          
  105  Be It Enacted by the Legislature of the State of Florida:
  106  
  107         Section 1. Subsection (9) of section 251.001, Florida
  108  Statutes, is amended to read:
  109         251.001 Florida State Guard Act.—
  110         (9) REIMBURSEMENT, BENEFIT, AND COMPENSATION.—
  111         (a) The division shall reimburse members of the Florida
  112  State Guard for per diem and travel expenses incurred to attend
  113  required training or in the course of active service as provided
  114  in s. 112.061.
  115         (b) Members of the Florida State Guard may be compensated
  116  for time spent training or in the course of active service at
  117  rates established by the director, subject to appropriation.
  118         (c) A member of the Florida State Guard may not make any
  119  purchase or enter into any contract or agreement for purchases
  120  or services as a charge against the state without the authority
  121  of the director.
  122         (d) As a benefit to the active members of the Florida State
  123  Guard, subject to approval by the director of the Division of
  124  the State Guard, each Florida College System institution and
  125  state university shall waive tuition and fees for active members
  126  of the Florida State Guard to enroll for up to 6 credit hours of
  127  courses per term on a space-available basis.
  128         Section 2. Section 413.0114, Florida Statutes, is created
  129  to read:
  130         413.0114 Consumer disclosure for blind-related services.
  131         (1)An individual, business, nonprofit, or other entity
  132  offering fee-based services to individuals who are blind or
  133  visually impaired shall, before entering into a contract or
  134  accepting payment, disclose in writing whether equivalent or
  135  substantially similar services may be available at no cost
  136  through the Division of Blind Services or another public agency.
  137         (2)The written disclosure must:
  138         (a) Be provided in plain language and, upon request, in an
  139  accessible format, such as braille, large print, or audio.
  140         (b)Include contact information for the Division of Blind
  141  Services.
  142         (c)Be signed or electronically acknowledged by the
  143  consumer or his or her representative.
  144         (3)A violation of this section constitutes an unfair or
  145  deceptive trade practice under part II of chapter 501 and is
  146  subject to penalties and enforcement as provided therein.
  147         (4)The State Board of Education may adopt rules to
  148  implement this section.
  149         Section 3. Subsection (1) of section 413.208, Florida
  150  Statutes, is amended to read:
  151         413.208 Service providers; quality assurance; fitness for
  152  responsibilities; background screening.—
  153         (1) Service providers must apply to register with the
  154  division. To qualify for approval, a registration, the division
  155  must ensure that the service provider must maintain maintains an
  156  internal system of quality assurance, have has proven functional
  157  systems, meet the minimum qualifications, and be is subject to a
  158  due-diligence inquiry as to its fitness to undertake service
  159  responsibilities.
  160         (a) The division shall establish minimum qualifications for
  161  service providers. The division shall establish an annual
  162  application period for service providers to submit applications.
  163  The division may approve or deny any service provider
  164  application. Beginning January 1, 2027, only service providers
  165  that meet the minimum qualifications established by the division
  166  and that have been approved to provide employment-related
  167  services to individuals with disabilities may participate in the
  168  vocational rehabilitation program.
  169         (b) The division shall develop and make publicly available
  170  an annual report of service provider effectiveness which
  171  includes an evaluation system measuring the effectiveness of all
  172  service providers that are approved by the division to provide
  173  employment-related services to individuals with disabilities.
  174         (c) In order to maintain approved status with the division,
  175  service providers must meet minimum standards of effectiveness
  176  in the provision of vocational rehabilitation services,
  177  including placement of individuals in competitive and integrated
  178  employment.
  179         (d) Rates for vocational rehabilitation services must be
  180  allocable, reasonable, and necessary, as determined by the
  181  division.
  182         Section 4. Paragraph (c) of subsection (3) of section
  183  491.005, Florida Statutes, is amended to read:
  184         491.005 Licensure by examination.—
  185         (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
  186  documentation and payment of a fee not to exceed $200, as set by
  187  board rule, the department shall issue a license as a marriage
  188  and family therapist to an applicant whom the board certifies
  189  has met all of the following criteria:
  190         (c)1. Attained one of the following:
  191         a. A minimum of a master’s degree in marriage and family
  192  therapy from a program accredited by the Commission on
  193  Accreditation for Marriage and Family Therapy Education.
  194         b. A minimum of a master’s degree with a major emphasis in
  195  marriage and family therapy or a closely related field from a
  196  university program accredited by the Council on Accreditation of
  197  Counseling and Related Educational Programs and graduate courses
  198  approved by the board.
  199         c. A minimum of a master’s degree with an emphasis in
  200  marriage and family therapy or a closely related field, with a
  201  degree conferred before September 1, 2032 2027, from an
  202  institutionally accredited college or university and graduate
  203  courses approved by the board.
  204         2. If the course title that appears on the applicant’s
  205  transcript does not clearly identify the content of the
  206  coursework, the applicant provided additional documentation,
  207  including, but not limited to, a syllabus or catalog description
  208  published for the course. The required master’s degree must have
  209  been received in an institution of higher education that, at the
  210  time the applicant graduated, was fully accredited by an
  211  institutional accrediting body recognized by the Council for
  212  Higher Education Accreditation or its successor organization or
  213  was a member in good standing with Universities Canada, or an
  214  institution of higher education located outside the United
  215  States and Canada which, at the time the applicant was enrolled
  216  and at the time the applicant graduated, maintained a standard
  217  of training substantially equivalent to the standards of
  218  training of those institutions in the United States which are
  219  accredited by an institutional accrediting body recognized by
  220  the Council for Higher Education Accreditation or its successor
  221  organization. Such foreign education and training must have been
  222  received in an institution or program of higher education
  223  officially recognized by the government of the country in which
  224  it is located as an institution or program to train students to
  225  practice as professional marriage and family therapists or
  226  psychotherapists. The applicant has the burden of establishing
  227  that the requirements of this provision have been met, and the
  228  board shall require documentation, such as an evaluation by a
  229  foreign equivalency determination service, as evidence that the
  230  applicant’s graduate degree program and education were
  231  equivalent to an accredited program in this country. An
  232  applicant with a master’s degree from a program that did not
  233  emphasize marriage and family therapy may complete the
  234  coursework requirement in a training institution fully
  235  accredited by the Commission on Accreditation for Marriage and
  236  Family Therapy Education recognized by the United States
  237  Department of Education.
  238  
  239  For the purposes of dual licensure, the department shall license
  240  as a marriage and family therapist any person who meets the
  241  requirements of s. 491.0057. Fees for dual licensure may not
  242  exceed those stated in this subsection.
  243         Section 5. Subsection (1) of section 1001.92, Florida
  244  Statutes, is amended to read:
  245         1001.92 State University System Performance-Based
  246  Incentive.—
  247         (1) A State University System Performance-Based Incentive
  248  shall be awarded to state universities using performance-based
  249  metrics adopted by the Board of Governors of the State
  250  University System. Beginning with the Board of Governors’
  251  determination of each university’s performance improvement and
  252  achievement ratings, and the related distribution of annual
  253  fiscal year appropriation, the performance-based metrics must
  254  include:
  255         (a) The 4-year graduation rate for first-time-in-college
  256  students;
  257         (b) Beginning in fiscal year 2022-2023, the 3-year
  258  graduation rate for associate in arts transfer students;
  259         (c) Retention rates;
  260         (d) Postgraduation education rates;
  261         (e) Degree production;
  262         (f) Affordability;
  263         (g) Postgraduation employment and salaries, including wage
  264  thresholds that reflect the added value of a baccalaureate
  265  degree;
  266         (h) Access rate, based on the percentage of first-year
  267  undergraduate students enrolled during the fall term who
  268  received a Pell Grant during the fall term; and
  269         (i) Beginning in fiscal year 2021-2022, the 6-year
  270  graduation rate for students who are awarded a Pell Grant in
  271  their first year.
  272  
  273  The Board of Governors may approve other metrics in a publicly
  274  noticed meeting. The board shall adopt benchmarks to evaluate
  275  each state university’s performance on the metrics to measure
  276  the state university’s achievement of institutional excellence
  277  or need for improvement and minimum requirements for eligibility
  278  to receive performance funding. Benchmarks and metrics may not
  279  be adjusted after university performance data has been received
  280  by the Board of Governors.
  281         Section 6. Section 1003.437, Florida Statutes, is amended
  282  to read:
  283         1003.437 Middle and high school grading system.—The grading
  284  system and interpretation of letter grades used to measure
  285  student success in grade 6 through grade 12 courses for students
  286  in public schools shall be as follows:
  287         (1) Grade “A” equals 90 percent through 100 percent, has a
  288  grade point average value of 4, and is defined as “outstanding
  289  progress.”
  290         (2) Grade “B” equals 80 percent through 89 percent, has a
  291  grade point average value of 3, and is defined as “above average
  292  progress.”
  293         (3) Grade “C” equals 70 percent through 79 percent, has a
  294  grade point average value of 2, and is defined as “average
  295  progress.”
  296         (4) Grade “D” equals 60 percent through 69 percent, has a
  297  grade point average value of 1, and is defined as “lowest
  298  acceptable progress.”
  299         (5) Grade “F” equals zero percent through 59 percent, has a
  300  grade point average value of zero, and is defined as “failure.”
  301         (6) Grade “I” equals zero percent, has a grade point
  302  average value of zero, and is defined as “incomplete.”
  303  
  304  The State Board of Education must establish a statewide uniform
  305  weighted grading system for honors courses and articulated
  306  acceleration mechanisms identified in s. 1007.27. For the
  307  purposes of class ranking, District school boards shall use the
  308  may exercise a weighted grading system to calculate weighted
  309  high school grade point averages pursuant to s. 1007.271.
  310         Section 7. Paragraph (b) of subsection (1) of section
  311  1005.06, Florida Statutes, is amended to read:
  312         1005.06 Institutions not under the jurisdiction or purview
  313  of the commission.—
  314         (1) Except as otherwise provided in law, the following
  315  institutions are not under the jurisdiction or purview of the
  316  commission and are not required to obtain licensure:
  317         (b) Any college or, school, or course licensed or approved
  318  as an institution for establishment and operation by another
  319  state agency. A college or school, or any of its programs or
  320  courses, does not qualify for exemption from the commission’s
  321  jurisdiction under this paragraph solely because another state
  322  agency licenses or approves one or more of its programs or
  323  courses for establishment and operation under part I of chapter
  324  464, chapter 466, or chapter 475, or any other chapter of the
  325  Florida Statutes requiring licensing or approval as defined in
  326  this chapter.
  327         Section 8. Paragraph (b) of subsection (9) of section
  328  1007.25, Florida Statutes, is amended to read:
  329         1007.25 General education courses; common prerequisites;
  330  other degree requirements.—
  331         (9)
  332         (b) An associate in arts specialized transfer degree must
  333  include 36 semester hours of general education coursework and
  334  require 60 semester hours or more of college credit. Specialized
  335  transfer degrees are designed for Florida College System
  336  institution students who need supplemental lower-level
  337  coursework in preparation for transfer to another institution.
  338  The State Board of Education shall establish criteria for the
  339  review and approval of new specialized transfer degrees. The
  340  approval process must require:
  341         1. A Florida College System institution to submit a notice
  342  of its intent to propose a new associate in arts specialized
  343  degree program to the Division of Florida Colleges. The notice
  344  must include the recommended credit hours, the rationale for the
  345  specialization, the demand for students entering the field, and
  346  the coursework being proposed to be included beyond the 60
  347  semester hours required for the general transfer degree, if
  348  applicable. Notices of intent may be submitted by a Florida
  349  College System institution at any time.
  350         2. The Division of Florida Colleges to forward the notice
  351  of intent within 10 business days after receipt to all Florida
  352  College System institutions and to the Chancellor of the State
  353  University System, who shall forward the notice to all state
  354  universities. State universities and Florida College System
  355  institutions shall have 30 60 days after receipt of the notice
  356  to submit comments to the proposed associate in arts specialized
  357  transfer degree.
  358         3. After the submission of comments pursuant to
  359  subparagraph 2., the requesting Florida College System
  360  institution to submit a proposal that, at a minimum, includes:
  361         a. Evidence that the coursework for the associate in arts
  362  specialized transfer degree includes demonstration of competency
  363  in a foreign language pursuant to s. 1007.262 and demonstration
  364  of civic literacy competency as provided in subsection (5).
  365         b. Demonstration that all required coursework will count
  366  toward the associate in arts degree or the baccalaureate degree.
  367         c. An analysis of demand and unmet need for students
  368  entering the specialized field of study at the baccalaureate
  369  level.
  370         d. Justification for the program length if it exceeds 60
  371  credit hours, including references to the common prerequisite
  372  manual or other requirements for the baccalaureate degree. This
  373  includes documentation of alignment between the exit
  374  requirements of a Florida College System institution and the
  375  admissions requirements of a baccalaureate program at a state
  376  university to which students would typically transfer.
  377         e. Articulation agreements for graduates of the associate
  378  in arts specialized transfer degree.
  379         f. Responses to the comments received under subparagraph 2.
  380         Section 9. Subsections (1) and (16) of section 1007.271,
  381  Florida Statutes, are amended to read:
  382         1007.271 Dual enrollment programs.—
  383         (1) The dual enrollment program is the enrollment of an
  384  eligible secondary student in this state or home education
  385  student in this state in a postsecondary course creditable
  386  toward high school completion and a career certificate or an
  387  associate or baccalaureate degree. Postsecondary institutions
  388  that are eligible to participate in the dual enrollment program
  389  are Florida public postsecondary institutions and eligible not
  390  for-profit independent colleges and universities pursuant to s.
  391  1011.62(1)(i). A student who is enrolled in postsecondary
  392  instruction that is not creditable toward a high school diploma
  393  may not be classified as a dual enrollment student.
  394         (16) Students who meet the eligibility requirements of this
  395  section and who choose to participate in dual enrollment
  396  programs are exempt from the payment of registration, tuition,
  397  and laboratory fees.
  398         Section 10. Subsections (2) and (3) and paragraphs (a) and
  399  (b) of subsection (4) of section 1008.30, Florida Statutes, are
  400  amended to read:
  401         1008.30 Assessing college-level communication and
  402  computation skills for public postsecondary education.—
  403         (2) By January 31, 2022, the State Board of Education shall
  404  adopt rules to develop and implement alternative methods for
  405  assessing the basic communication and computation skills of
  406  students who intend to enter a degree program at a Florida
  407  College System institution. Florida College System institutions
  408  and school district career centers may use these alternative
  409  methods adopted by the State Board of Education for assessing
  410  the basic communication and computation skills of students who
  411  intend to enter a degree program at a Florida College System
  412  institution or school district career center in lieu of the
  413  common placement tests under subsection (1) to assess student
  414  readiness for college-level work in communication and
  415  computation. Florida College System institutions may request
  416  approval of institution-specific alternative methods in
  417  accordance with State Board of Education rules.
  418         (3) The rules adopted under subsection (2) must specify the
  419  following:
  420         (a) A student who entered 9th grade in a Florida public
  421  school in the 2003-2004 school year, or any year thereafter, and
  422  earned a Florida standard high school diploma and who
  423  demonstrated readiness for college-level communication and
  424  computation skills by any of the approved common placement tests
  425  or alternative methods pursuant to this section or a student who
  426  is serving as an active duty member of any branch of the United
  427  States Armed Services is not required to be assessed for
  428  readiness for college-level work in communication and
  429  computation and is not required to enroll in developmental
  430  education instruction in a Florida College System institution or
  431  a school district career center. However, a student who is not
  432  required to be assessed for readiness for college-level work in
  433  communication and computation and is not required to enroll in
  434  developmental education under this paragraph may opt to be
  435  assessed and to enroll in developmental education instruction,
  436  and the college or school district career center shall provide
  437  such assessment and instruction upon the student’s request.
  438         (b) A student who earned a Florida standard high school
  439  diploma and has not demonstrated readiness for college-level
  440  courses pursuant to subsection (1) or subsection (2) must be
  441  offered the opportunity to be is assessed for readiness for
  442  college-level communication and computation and, if the
  443  student’s whose assessment results indicate a need for
  444  developmental education, he or she must be advised of all the
  445  developmental education options offered at the institution. and,
  446  After advisement, the student may enroll in the developmental
  447  education option of his or her choice.
  448         (c) A student who demonstrates readiness by achieving or
  449  exceeding the test scores established under subsection (1) by
  450  the state board and enrolls in a Florida College System
  451  institution or a school district career center within 2 years
  452  after achieving such scores may shall not be required to retest
  453  or complete developmental education when admitted to any Florida
  454  College System institution or school district career center.
  455         (4)(a) Each Florida College System institution and school
  456  district career center shall implement the developmental
  457  education strategies defined in s. 1008.02 and rules established
  458  by the State Board of Education.
  459         (b) Each Florida College System institution and school
  460  district career center shall use placement test results or
  461  alternative methods as established by the State Board of
  462  Education to determine the extent to which each student
  463  demonstrates sufficient communication and computation skills to
  464  indicate readiness for his or her chosen meta-major. Florida
  465  College System institutions and school district career centers
  466  shall counsel students into college credit courses as quickly as
  467  possible, with developmental education limited to that content
  468  needed for success in the meta-major.
  469         Section 11. Subsection (1) of section 1008.44, Florida
  470  Statutes, is amended to read:
  471         1008.44 CAPE Industry Certification Funding List.—
  472         (1) The State Board of Education shall adopt, at least
  473  annually, based upon recommendations by the Commissioner of
  474  Education, the CAPE Industry Certification Funding List that
  475  assigns categories of certificates and certifications as
  476  provided for in s. 1003.4203 to certifications identified in the
  477  Master Credentials List under s. 445.004(4) which meet a
  478  statewide, regional, or local demand. Supplemental funding for
  479  regional and local demand certifications may only be earned in
  480  those areas with regional or local demand as identified by the
  481  Credentials Review Committee.
  482         Section 12. Subsection (2) of section 1008.47, Florida
  483  Statutes, is amended to read:
  484         1008.47 Postsecondary education institution accreditation.—
  485         (2) ACCREDITATION.—
  486         (a) By September 1, 2022, The Board of Governors or the
  487  State Board of Education, as applicable, shall identify and
  488  determine the accrediting agencies or associations best suited
  489  to serve as an accreditor for public postsecondary institutions.
  490  Such accrediting agencies or associations must be recognized by
  491  the database created and maintained by the United States
  492  Department of Education. Within 3 years In the year following
  493  reaffirmation or fifth-year review by its accrediting agencies
  494  or associations, each public postsecondary institution must seek
  495  and obtain accreditation from an accrediting agency or
  496  association identified by the Board of Governors or State Board
  497  of Education, respectively, before its next reaffirmation or
  498  fifth-year review date. The requirements in this section are
  499  limited to a one-time change in accreditation. The requirements
  500  of this subsection are not applicable to those professional,
  501  graduate, departmental, or certificate programs at public
  502  postsecondary institutions that have specific accreditation
  503  requirements or best practices, including, but not limited to,
  504  law, pharmacy, engineering, or other similarly situated
  505  educational programs.
  506         (b) Once a public postsecondary institution is required to
  507  seek and obtain accreditation from an agency or association
  508  identified pursuant to paragraph (a), the institution shall seek
  509  accreditation from an a regional accrediting agency or
  510  association and provide quarterly reports of its progress to the
  511  Board of Governors or State Board of Education, as applicable.
  512  If each regional accreditation agency or association identified
  513  pursuant to paragraph (a) has refused to grant candidacy status
  514  to an institution, the institution must seek and obtain
  515  accreditation from any accrediting agency or association that is
  516  different from its current accrediting agency or association and
  517  is recognized by the database created and maintained by the
  518  United States Department of Education. If a public postsecondary
  519  institution is not granted candidacy status before its next
  520  reaffirmation or fifth-year review date, the institution may
  521  remain with its current accrediting agency or association.
  522         (c) This subsection expires December 31, 2032.
  523         Section 13. Present subsections (4) through (13) of section
  524  1009.21, Florida Statutes, are redesignated as subsections (5)
  525  through (14), respectively, a new subsection (4) is added to
  526  that section, and present subsection (7) of that section is
  527  amended, to read:
  528         1009.21 Determination of resident status for tuition
  529  purposes.—Students shall be classified as residents or
  530  nonresidents for the purpose of assessing tuition in
  531  postsecondary educational programs offered by charter technical
  532  career centers or career centers operated by school districts,
  533  in Florida College System institutions, and in state
  534  universities.
  535         (4) An individual may not lose his or her resident status
  536  for tuition purposes solely by reason of his or her
  537  incarceration in a state or federal correctional facility in
  538  this state.
  539         (8)(7) A person may shall not lose his or her resident
  540  status for tuition purposes solely by reason of his or her
  541  serving, or, if such person is a dependent child, by reason of
  542  his or her parent’s or parents’ serving outside this state as
  543  active duty or civilian personnel:,
  544         (a) In the Armed Forces outside this state.
  545         (b) On assignment for the United States Department of State
  546  or Department of Defense.
  547         (c) Teaching at a Department of Defense Dependent School.
  548         Section 14. Paragraph (a) of subsection (20) of section
  549  1009.26, Florida Statutes, is amended to read:
  550         1009.26 Fee waivers.—
  551         (20)(a) Beginning with the 2026-2027 2022-2023 academic
  552  year, a state university shall waive the out-of-state fee for a
  553  full-time undergraduate student who:
  554         1. Has a grandparent who is a legal resident as defined in
  555  s. 1009.21(1). For purposes of this subsection, the term
  556  “grandparent” means a person who has a legal relationship to a
  557  student’s parent as the natural or adoptive parent or legal
  558  guardian of the student’s parent.
  559         2. Earns a high school diploma comparable to a Florida
  560  standard high school diploma, or its equivalent, or completes a
  561  home education program.
  562         3.a. Achieves an SAT combined score no lower than the 89th
  563  national percentile on the SAT;
  564         b. Achieves an ACT score concordant to the required SAT
  565  score in sub-subparagraph a., using the latest published
  566  national concordance table developed jointly by the College
  567  Board and ACT, Inc.; or
  568         c. If a state university accepts the Classic Learning Test
  569  (CLT) for admission purposes, achieves a CLT score concordant to
  570  the required SAT score specified in sub-subparagraph a., using
  571  the latest published scoring comparison developed by Classic
  572  Learning Initiatives.
  573         4. Beginning with students who initially enroll in the 2022
  574  fall academic term and thereafter, enrolls as a full-time
  575  undergraduate student at a state university in the fall academic
  576  term immediately following high school graduation.
  577         Section 15. Subsection (3) of section 1009.30, Florida
  578  Statutes, is amended to read:
  579         1009.30 Dual Enrollment Scholarship Program.—
  580         (3)(a) The program shall reimburse eligible postsecondary
  581  institutions for tuition and related instructional materials
  582  costs for dual enrollment courses taken during the fall or
  583  spring terms by eligible students, consisting of:
  584         1. Private school students who take dual enrollment courses
  585  pursuant to s. 1007.271(24)(b);
  586         2. Home education program secondary students; or
  587         3. Personalized education program secondary students.
  588         (b) The program shall reimburse eligible independent
  589  postsecondary institutions for tuition and related instructional
  590  materials costs for dual enrollment courses taken by public
  591  school students during the fall or spring terms.
  592         (c) The program shall reimburse institutions for tuition
  593  and related instructional materials costs for dual enrollment
  594  courses taken by public school, private school, home education
  595  program, or personalized education program secondary students
  596  during the summer term.
  597         Section 16. Subsection (2) of section 1009.536, Florida
  598  Statutes, is amended, and subsection (6) is added to that
  599  section, to read:
  600         1009.536 Florida Gold Seal Vocational Scholars and Florida
  601  Gold Seal CAPE Scholars awards.—The Florida Gold Seal Vocational
  602  Scholars award and the Florida Gold Seal CAPE Scholars award are
  603  created within the Florida Bright Futures Scholarship Program to
  604  recognize and reward academic achievement and career preparation
  605  by high school students who wish to continue their education.
  606         (2) A student is eligible for a Florida Gold Seal CAPE
  607  Scholars award if he or she meets the general eligibility
  608  requirements for the Florida Bright Futures Scholarship Program,
  609  and the student:
  610         (a) Earns a minimum of 3 5 postsecondary credits credit
  611  hours through CAPE industry certifications approved pursuant to
  612  s. 1008.44 which articulate for college credit; and
  613         (b) Earns a minimum cumulative weighted grade point average
  614  of 2.5, as calculated pursuant to s. 1009.531, on all subjects
  615  required for a standard high school diploma, excluding elective
  616  courses; and
  617         (c) Completes at least 30 hours of volunteer service, or 75
  618  hours of volunteer service for students entering grade 9 in the
  619  2024-2025 school year and thereafter, or 100 hours of paid work,
  620  approved by the district school board, the administrators of a
  621  nonpublic school, or the Department of Education for home
  622  education program students, or 100 hours of a combination of
  623  both. The student may identify a social or civic issue or a
  624  professional area that interests him or her and develop a plan
  625  for his or her personal involvement in addressing the issue or
  626  learning about the area. The student must, through papers or
  627  other presentations, evaluate and reflect upon his or her
  628  experience. Such volunteer service or paid work may include, but
  629  is not limited to, a business or governmental internship, work
  630  for a nonprofit community service organization, or activities on
  631  behalf of a candidate for public office. The hours of volunteer
  632  service or paid work must be documented in writing, and the
  633  document must be signed by the student, the student’s parent or
  634  guardian, and a representative of the organization for which the
  635  student performed the volunteer service or paid work.
  636         (6) Before or within 3 months after completion of the GATE
  637  Program as provided in s. 1004.933, a student may apply for the
  638  Florida Gold Seal CAPE Scholars award.
  639         Section 17. Paragraph (a) of subsection (4) of section
  640  1009.893, Florida Statutes, is amended to read:
  641         1009.893 Benacquisto Scholarship Program.—
  642         (4) In order to be eligible for an initial award under the
  643  scholarship program, a student must meet the requirements of
  644  paragraph (a) or paragraph (b).
  645         (a) A student who is a resident of this state, as
  646  determined in s. 1009.40 and rules of the State Board of
  647  Education, must:
  648         1. Earn a standard Florida high school diploma or its
  649  equivalent pursuant to s. 1002.3105, s. 1003.4281, s. 1003.4282,
  650  or s. 1003.435 unless:
  651         a. The student completes a home education program according
  652  to s. 1002.41; or
  653         b. The student earns a high school diploma from a non
  654  Florida school while living with a parent who is on military or
  655  public service assignment out of this state;
  656         2. Be accepted by and enroll in a Florida public or
  657  independent postsecondary educational institution that is
  658  regionally accredited; and
  659         3. Be enrolled full-time in a baccalaureate degree program
  660  at an eligible regionally accredited Florida public or
  661  independent postsecondary educational institution during the
  662  fall academic term following high school graduation. A student
  663  may defer the initial scholarship award for up to 1 year.
  664         Section 18. Subsection (5) of section 1009.983, Florida
  665  Statutes, is amended to read:
  666         1009.983 Direct-support organization; authority.—
  667         (5) The chair of the board or a designee who possesses
  668  knowledge, skill, and experience in the areas of accounting,
  669  risk management, or investment management shall serve as a
  670  director of the direct-support organization. The chair and the
  671  executive director of the board shall jointly name, at a
  672  minimum, four other individuals to serve as directors of the
  673  organization.
  674         Section 19. Paragraph (d) of subsection (3) of section
  675  1009.986, Florida Statutes, is amended to read:
  676         1009.986 Florida ABLE program.—
  677         (3) DIRECT-SUPPORT ORGANIZATION; FLORIDA ABLE, INC.—
  678         (d)1. The board of directors of Florida ABLE, Inc., shall
  679  consist of:
  680         a. The chair of the Florida Prepaid College Board, or a his
  681  or her designee who possesses knowledge, skill, and experience
  682  in the areas of accounting, risk management, or investment
  683  management.
  684         b. Up to three individuals who possess knowledge, skill,
  685  and experience in the areas of accounting, risk management, or
  686  investment management, one of whom may be a current member of
  687  the Florida Prepaid College Board, who shall be appointed by the
  688  Florida Prepaid College Board.
  689         c. One individual who possesses knowledge, skill, and
  690  experience in the areas of accounting, risk management, or
  691  investment management, who shall be appointed by the Governor.
  692         d. Two individuals who are advocates of persons with
  693  disabilities, one of whom shall be appointed by the President of
  694  the Senate and one of whom shall be appointed by the Speaker of
  695  the House of Representatives. At least one of the individuals
  696  appointed under this sub-subparagraph must be an advocate of
  697  persons with developmental disabilities, as that term is defined
  698  in s. 393.063.
  699         2.a. The term of the appointees under sub-subparagraph 1.b.
  700  shall be up to 3 years as determined by the Florida Prepaid
  701  College Board. Such appointees may be reappointed.
  702         b. The term of the appointees under sub-subparagraphs 1.c.
  703  and d. shall be 3 years. Such appointees may be reappointed.
  704         3. Unless authorized by the board of directors of Florida
  705  ABLE, Inc., an individual director has no authority to control
  706  or direct the operations of Florida ABLE, Inc., or the actions
  707  of its officers and employees.
  708         4. The board of directors of Florida ABLE, Inc.:
  709         a. Shall meet at least quarterly and at other times upon
  710  the call of the chair.
  711         b. May use any method of telecommunications to conduct, or
  712  establish a quorum at, its meetings or the meetings of a
  713  subcommittee or other subdivision if the public is given proper
  714  notice of the telecommunications meeting and provided reasonable
  715  access to observe and, if appropriate, to participate.
  716         c. Shall annually elect a board member to serve as chair.
  717         5. A majority of the total current membership of the board
  718  of directors of Florida ABLE, Inc., constitutes a quorum of the
  719  board.
  720         6. Members of the board of directors of Florida ABLE, Inc.,
  721  and the board’s subcommittees or other subdivisions shall serve
  722  without compensation; however, the members may be reimbursed for
  723  reasonable, necessary, and actual travel expenses pursuant to s.
  724  112.061.
  725         Section 20. Present paragraphs (h) and (i) of subsection
  726  (17) of section 1011.62, Florida Statutes, are redesignated as
  727  paragraphs (i) and (j), respectively, and a new paragraph (h) is
  728  added to that subsection, to read:
  729         1011.62 Funds for operation of schools.—If the annual
  730  allocation from the Florida Education Finance Program to each
  731  district for operation of schools is not determined in the
  732  annual appropriations act or the substantive bill implementing
  733  the annual appropriations act, it shall be determined as
  734  follows:
  735         (17) ACADEMIC ACCELERATION OPTIONS SUPPLEMENT.—The academic
  736  acceleration options supplement is created to assist school
  737  districts in providing academic acceleration options, career
  738  themed courses, and courses that lead to digital tool
  739  certificates and industry certifications for prekindergarten
  740  through grade 12 students and shall be allocated annually in the
  741  General Appropriations Act.
  742         (h) Calculation of additional full-time equivalent
  743  membership based on the Florida Advanced Courses and Tests
  744  (FACT) College Algebra course and test score of students.—A
  745  value of 0.16 full-time equivalent student membership shall be
  746  calculated for each student in the Florida Advanced Courses and
  747  Tests (FACT) College Algebra course who achieves a minimum score
  748  on an assessment identified by the Department of Education
  749  pursuant to s. 1007.27(2) and added to the total full-time
  750  equivalent student membership in basic programs for grades 9
  751  through 12 in the subsequent fiscal year. Each district shall
  752  allocate at least 80 percent of the funds provided to the
  753  district for the FACT College Algebra course instruction, in
  754  accordance with this paragraph, to the high school that
  755  generates the funds. The school district shall distribute to
  756  each classroom teacher who provided the FACT College Algebra
  757  course instruction:
  758         1.A bonus in the amount of $50 for each student taught by
  759  the FACT College Algebra course teacher in each FACT College
  760  Algebra course who achieves a minimum score on an assessment
  761  identified by the Department of Education pursuant to s.
  762  1007.27(2).
  763         2.An additional bonus of $500 to each FACT College Algebra
  764  course teacher in a school designated with a grade of “D” or “F”
  765  who has at least one student who achieves a minimum score on an
  766  assessment identified by the Department of Education pursuant to
  767  s. 1007.27(2), regardless of the number of classes taught or of
  768  the number of students who achieve a minimum score on an
  769  assessment identified by the Department of Education pursuant to
  770  s. 1007.27(2).
  771         Section 21. Paragraphs (b) and (e) of subsection (3) of
  772  section 1011.84, Florida Statutes, are amended to read:
  773         1011.84 Procedure for determining state financial support
  774  and annual apportionment of state funds to each Florida College
  775  System institution district.—The procedure for determining state
  776  financial support and the annual apportionment to each Florida
  777  College System institution district authorized to operate a
  778  Florida College System institution under the provisions of s.
  779  1001.61 shall be as follows:
  780         (3) DETERMINING THE APPORTIONMENT FROM STATE FUNDS.—
  781         (b) The apportionment to each Florida College System
  782  institution from the Florida College System Program Fund shall
  783  be determined annually in the General Appropriations Act. In
  784  determining each college’s apportionment, the Legislature shall
  785  consider the following components:
  786         1. Base budget, which includes the state appropriation to
  787  the Florida College System Program Fund in the current year plus
  788  the related student tuition and out-of-state fees assigned in
  789  the current General Appropriations Act.
  790         2. The cost-to-continue allocation, which consists of
  791  incremental changes to the base budget, including salaries,
  792  price levels, and other related costs allocated through a
  793  funding model developed by the Florida College System presidents
  794  in consultation with the Department of Education and approved by
  795  the Legislature. The model must which may recognize a minimum
  796  level of funding per FTE and differing economic factors arising
  797  from the individual educational approaches of the various
  798  Florida College System institutions, including, but not limited
  799  to:
  800         a. Program offerings, weighting workforce FTE to account
  801  for priorities and costs Direct Instructional Funding, including
  802  class size, faculty productivity factors, average faculty
  803  salary, ratio of full-time to part-time faculty, costs of
  804  programs, and enrollment factors.
  805         b. Completion of credentials, including certificates,
  806  certifications, and degrees Academic Support, including small
  807  colleges factor, multicampus factor, and enrollment factor.
  808         c. Size of the college Student Services Support, including
  809  headcount of students as well as FTE count and enrollment
  810  factors.
  811         d. Economies of scale Library Support, including volume and
  812  other materials/audiovisual requirements.
  813         e. Regional cost differentials Special Projects.
  814         f. Operations and Maintenance of Plant, including square
  815  footage and utilization factors.
  816         g. Comparable wage factor.
  817         3. Students enrolled in a recreation and leisure program
  818  and students enrolled in a lifelong learning program who may not
  819  be counted as full-time equivalent enrollments for purposes of
  820  enrollment workload adjustments.
  821         4. Operating costs of new facilities adjustments, which
  822  shall be provided, from funds available, for each new facility
  823  that is owned by the college and is recommended in accordance
  824  with s. 1013.31.
  825         5. New and improved program enhancements, which shall be
  826  determined by the Legislature.
  827  
  828  Student fees in the base budget plus student fee revenues
  829  generated by increases in fee rates shall be deducted from the
  830  sum of the components determined in subparagraphs 1.-5. The
  831  amount remaining shall be the net annual state apportionment to
  832  each college.
  833         (e) If at any time the unencumbered balance in the general
  834  fund of the Florida College System institution board of trustees
  835  approved operating budget goes below 7 5 percent for a Florida
  836  College System institution with a final FTE less than 15,000 for
  837  the prior year, or below 7 percent for a Florida College System
  838  institution with a final FTE of 15,000 or greater for the prior
  839  year, the president must shall provide written notification to
  840  the State Board of Education. By September 30 of each year, the
  841  chief financial officer of each Florida College System
  842  institution shall certify the unexpended amount of state funds
  843  remaining in the general fund of an institution as of June 30 of
  844  the previous fiscal year.
  845         Section 22. Subsections (2), (3), and (4) of section
  846  1013.841, Florida Statutes, are amended to read:
  847         1013.841 End of year balance of Florida College System
  848  institution funds.—
  849         (2)(a) Each Florida College System institution with a final
  850  FTE less than 15,000 for the prior year shall maintain a minimum
  851  carry forward balance of at least 7 5 percent of its state
  852  operating budget; however, a Florida College System institution
  853  may retain and report to the State Board of Education an annual
  854  reserve balance exceeding that amount. If a Florida College
  855  System institution fails to maintain a 7 5 percent balance in
  856  state operating funds, the president must shall provide written
  857  notification to the State Board of Education.
  858         (b) Each Florida College System institution with a final
  859  FTE less than 15,000 for the prior year that retains a state
  860  operating fund carry forward balance in excess of the 7 5
  861  percent minimum shall submit a spending plan for its excess
  862  carry forward balance. The spending plan must shall include all
  863  excess carry forward funds from state operating funds. The
  864  spending plan must shall be submitted to the Florida College
  865  System institution’s board of trustees for approval by September
  866  30 of each year, 2020, and each September 30 thereafter. The
  867  State Board of Education shall review and publish each Florida
  868  College System institution’s carry forward spending plan by
  869  November 15 of each year, 2020, and each November 15 thereafter.
  870         (3)(a) Each Florida College System institution with a final
  871  FTE of 15,000 or greater for the prior year shall maintain a
  872  minimum carry forward balance of at least 7 percent of its state
  873  operating budget. If a Florida College System institution fails
  874  to maintain a 7 percent balance in state operating funds, the
  875  institution shall submit a plan to the State Board of Education
  876  to attain the minimum balance.
  877         (b) Each Florida College System institution with a final
  878  FTE of 15,000 or greater for the prior year that retains a state
  879  operating fund carry forward balance in excess of the 7 percent
  880  minimum shall submit a spending plan for its excess carry
  881  forward balance. The spending plan shall include all excess
  882  carry forward funds from state operating funds. The spending
  883  plan shall be submitted to the Florida College System
  884  institution’s board of trustees for approval by September 30,
  885  2020, and each September 30 thereafter. The State Board of
  886  Education shall review and publish each Florida College System
  887  institution’s carry forward spending plan by November 15, 2020,
  888  and each November 15 thereafter.
  889         (4) A Florida College System institution identified in
  890  paragraph (2)(b) (3)(b) must include in its carry forward
  891  spending plan the estimated cost per planned expenditure and a
  892  timeline for completion of the expenditure. A carry forward
  893  spending plan may include retention of the carry forward balance
  894  as a reserve fund to be used for authorized expenses in
  895  subsequent years. Authorized expenditures in a carry forward
  896  spending plan may include:
  897         (a) Commitment of funds to a public education capital
  898  outlay project for which an appropriation was previously
  899  provided, which requires additional funds for completion, and
  900  which is included in the list required by s. 1001.03(18)(d);
  901         (b) Completion of a renovation, repair, or maintenance
  902  project that is consistent with s. 1013.64(1) or replacement of
  903  a minor facility;
  904         (c) Completion of a remodeling or infrastructure project,
  905  if such project is survey recommended pursuant to s. 1013.31;
  906         (d) Completion of a repair or replacement project necessary
  907  due to damage caused by a natural disaster for buildings
  908  included in the inventory required pursuant to s. 1013.31;
  909         (e) Operating expenditures that support the Florida College
  910  System institution’s mission;
  911         (f) Any purpose approved by the state board or specified in
  912  the General Appropriations Act; and
  913         (g) A commitment of funds to a contingency reserve for
  914  expenses incurred as a result of a state of emergency declared
  915  by the Governor pursuant to s. 252.36.
  916         Section 23. This act shall take effect July 1, 2026.