Florida Senate - 2026                      CS for CS for SB 7038
       
       
        
       By the Committee on Rules; the Appropriations Committee on Pre-K
       - 12 Education; and the Committee on Education Postsecondary
       
       
       
       
       595-03175-26                                          20267038c2
    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. 1001.7065,
   30         F.S.; revising academic and research excellence
   31         standards; amending s. 1001.92, F.S.; revising certain
   32         performance-based metrics; amending s. 1003.437, F.S.;
   33         requiring the State Board of Education to establish a
   34         uniform weighted grading system for specified courses
   35         and articulated acceleration mechanisms; requiring
   36         district school boards to use the system for a
   37         specified purpose; creating s. 1004.0983, F.S.;
   38         requiring state universities and Florida College
   39         System institutions to adopt and implement specified
   40         policies and procedures relating to safety; specifying
   41         requirements for such policies and procedures;
   42         requiring state universities and Florida College
   43         System institutions to annually review and update the
   44         policies and procedures; authorizing the Board of
   45         Governors and the State Board of Education to adopt
   46         regulations and rules, respectively; amending s.
   47         1005.06, F.S.; revising the list of institutions that
   48         are not under the jurisdiction of the Commission for
   49         Independent Education; amending s. 1007.25, F.S.;
   50         revising the timeframe for Florida College System
   51         institutions and state universities to submit comments
   52         in response to a specified notice of intent; amending
   53         s. 1007.271, F.S.; revising the list of postsecondary
   54         institutions that are eligible to participate in a
   55         dual enrollment program; amending s. 1008.30, F.S.;
   56         deleting a requirement for the State Board of
   57         Education to adopt rules; authorizing school district
   58         career centers to use alternative methods adopted by
   59         the board in lieu of common placement tests to assess
   60         students in basic communication and computation
   61         skills; authorizing Florida College System
   62         institutions to request approval of institution
   63         specific alternative methods; making conforming
   64         changes; amending s. 1008.44, F.S.; deleting a
   65         provision limiting how supplemental funding may be
   66         earned for the CAPE Industry Certification Funding
   67         List; amending s. 1008.47, F.S.; revising the
   68         timeframe for a public postsecondary institution to
   69         seek and obtain accreditation; amending s. 1009.21,
   70         F.S.; providing that a person may not lose his or her
   71         resident status for tuition purposes due to
   72         incarceration; providing that a person may not lose
   73         his or her resident status for tuition purposes due to
   74         his or her parent serving outside this state in
   75         certain capacities; amending s. 1009.26, F.S.;
   76         providing that a fee waiver only applies to a full
   77         time undergraduate student, beginning with a specified
   78         academic year; revising requirements for a fee waiver;
   79         amending s. 1009.30, F.S.; requiring that certain
   80         postsecondary institutions be reimbursed for public
   81         school students under the Dual Enrollment Scholarship
   82         Program; amending s. 1009.536, F.S.; revising student
   83         eligibility requirements for the Florida Gold Seal
   84         Vocational Scholars and Florida Gold Seal CAPE
   85         Scholars awards; authorizing a student to apply for
   86         the Florida Gold Seal CAPE Scholars award within a
   87         specified timeframe; amending s. 1009.893, F.S.;
   88         authorizing a student to defer an award under the
   89         Benacquisto Scholarship Program; amending s. 1009.983,
   90         F.S.; authorizing a specified designee with certain
   91         credentials to serve as director of the direct-support
   92         organization for the Florida Prepaid College
   93         Foundation, Inc.; amending s. 1009.986, F.S.; revising
   94         the membership of the board of directors of Florida
   95         ABLE, Inc.; amending s. 1011.62, F.S.; revising the
   96         academic acceleration options supplement in the
   97         Florida Education Finance Program to include a method
   98         for calculating additional full-time equivalent
   99         membership based on a specified course and test score;
  100         providing specified bonuses; amending s. 1011.84,
  101         F.S.; revising the components to be considered by the
  102         Legislature in determining an apportionment of state
  103         funds to a Florida College System institution;
  104         deleting obsolete provisions; amending s. 1013.841,
  105         F.S.; requiring all Florida College System
  106         institutions, rather than only certain institutions,
  107         to maintain a specified carry forward balance;
  108         providing that a Florida College System institution
  109         may retain an annual reserve amount exceeding the
  110         carry forward balance; deleting obsolete provisions;
  111         authorizing the inclusion in a carry forward spending
  112         plan of the retention of a carry forward balance as a
  113         reserve fund for a specified use; providing an
  114         effective date.
  115          
  116  Be It Enacted by the Legislature of the State of Florida:
  117  
  118         Section 1. Subsection (9) of section 251.001, Florida
  119  Statutes, is amended to read:
  120         251.001 Florida State Guard Act.—
  121         (9) REIMBURSEMENT, BENEFIT, AND COMPENSATION.—
  122         (a) The division shall reimburse members of the Florida
  123  State Guard for per diem and travel expenses incurred to attend
  124  required training or in the course of active service as provided
  125  in s. 112.061.
  126         (b) Members of the Florida State Guard may be compensated
  127  for time spent training or in the course of active service at
  128  rates established by the director, subject to appropriation.
  129         (c) A member of the Florida State Guard may not make any
  130  purchase or enter into any contract or agreement for purchases
  131  or services as a charge against the state without the authority
  132  of the director.
  133         (d) As a benefit to the active members of the Florida State
  134  Guard, subject to approval by the director of the Division of
  135  the State Guard, each Florida College System institution and
  136  state university shall waive tuition and fees for active members
  137  of the Florida State Guard to enroll for up to 6 credit hours of
  138  courses per term on a space-available basis.
  139         Section 2. Section 413.0114, Florida Statutes, is created
  140  to read:
  141         413.0114 Consumer disclosure for blind-related services.
  142         (1)An individual, business, nonprofit, or other entity
  143  offering fee-based services to individuals who are blind or
  144  visually impaired shall, before entering into a contract or
  145  accepting payment, disclose in writing whether equivalent or
  146  substantially similar services may be available at no cost
  147  through the Division of Blind Services or another public agency.
  148         (2)The written disclosure must:
  149         (a) Be provided in plain language and, upon request, in an
  150  accessible format, such as braille, large print, or audio.
  151         (b)Include contact information for the Division of Blind
  152  Services.
  153         (c)Be signed or electronically acknowledged by the
  154  consumer or his or her representative.
  155         (3)A violation of this section constitutes an unfair or
  156  deceptive trade practice under part II of chapter 501 and is
  157  subject to penalties and enforcement as provided therein.
  158         (4)The State Board of Education may adopt rules to
  159  implement this section.
  160         Section 3. Subsection (1) of section 413.208, Florida
  161  Statutes, is amended to read:
  162         413.208 Service providers; quality assurance; fitness for
  163  responsibilities; background screening.—
  164         (1) Service providers must apply to register with the
  165  division. To qualify for approval, a registration, the division
  166  must ensure that the service provider must maintain maintains an
  167  internal system of quality assurance, have has proven functional
  168  systems, meet the minimum qualifications, and be is subject to a
  169  due-diligence inquiry as to its fitness to undertake service
  170  responsibilities.
  171         (a) The division shall establish minimum qualifications for
  172  service providers. The division shall establish an annual
  173  application period for service providers to submit applications.
  174  The division may approve or deny any service provider
  175  application. Beginning January 1, 2027, only service providers
  176  that meet the minimum qualifications established by the division
  177  and that have been approved to provide employment-related
  178  services to individuals with disabilities may participate in the
  179  vocational rehabilitation program.
  180         (b) The division shall develop and make publicly available
  181  an annual report of service provider effectiveness, which
  182  includes an evaluation system measuring the effectiveness of all
  183  service providers that are approved by the division to provide
  184  employment-related services to individuals with disabilities.
  185         (c) In order to maintain approved status with the division,
  186  service providers must meet minimum standards of effectiveness
  187  in the provision of vocational rehabilitation services,
  188  including placement of individuals in competitive and integrated
  189  employment.
  190         (d) Rates for vocational rehabilitation services must be
  191  allocable, reasonable, and necessary, as determined by the
  192  division.
  193         Section 4. Paragraph (c) of subsection (3) of section
  194  491.005, Florida Statutes, is amended to read:
  195         491.005 Licensure by examination.—
  196         (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
  197  documentation and payment of a fee not to exceed $200, as set by
  198  board rule, the department shall issue a license as a marriage
  199  and family therapist to an applicant whom the board certifies
  200  has met all of the following criteria:
  201         (c)1. Attained one of the following:
  202         a. A minimum of a master’s degree in marriage and family
  203  therapy from a program accredited by the Commission on
  204  Accreditation for Marriage and Family Therapy Education.
  205         b. A minimum of a master’s degree with a major emphasis in
  206  marriage and family therapy or a closely related field from a
  207  university program accredited by the Council on Accreditation of
  208  Counseling and Related Educational Programs and graduate courses
  209  approved by the board.
  210         c. A minimum of a master’s degree with an emphasis in
  211  marriage and family therapy or a closely related field, with a
  212  degree conferred before September 1, 2032 2027, from an
  213  institutionally accredited college or university and graduate
  214  courses approved by the board.
  215         2. If the course title that appears on the applicant’s
  216  transcript does not clearly identify the content of the
  217  coursework, the applicant provided additional documentation,
  218  including, but not limited to, a syllabus or catalog description
  219  published for the course. The required master’s degree must have
  220  been received in an institution of higher education that, at the
  221  time the applicant graduated, was fully accredited by an
  222  institutional accrediting body recognized by the Council for
  223  Higher Education Accreditation or its successor organization or
  224  was a member in good standing with Universities Canada, or an
  225  institution of higher education located outside the United
  226  States and Canada which, at the time the applicant was enrolled
  227  and at the time the applicant graduated, maintained a standard
  228  of training substantially equivalent to the standards of
  229  training of those institutions in the United States which are
  230  accredited by an institutional accrediting body recognized by
  231  the Council for Higher Education Accreditation or its successor
  232  organization. Such foreign education and training must have been
  233  received in an institution or program of higher education
  234  officially recognized by the government of the country in which
  235  it is located as an institution or program to train students to
  236  practice as professional marriage and family therapists or
  237  psychotherapists. The applicant has the burden of establishing
  238  that the requirements of this provision have been met, and the
  239  board shall require documentation, such as an evaluation by a
  240  foreign equivalency determination service, as evidence that the
  241  applicant’s graduate degree program and education were
  242  equivalent to an accredited program in this country. An
  243  applicant with a master’s degree from a program that did not
  244  emphasize marriage and family therapy may complete the
  245  coursework requirement in a training institution fully
  246  accredited by the Commission on Accreditation for Marriage and
  247  Family Therapy Education recognized by the United States
  248  Department of Education.
  249  
  250  For the purposes of dual licensure, the department shall license
  251  as a marriage and family therapist any person who meets the
  252  requirements of s. 491.0057. Fees for dual licensure may not
  253  exceed those stated in this subsection.
  254         Section 5. Paragraph (d) of subsection (2) of section
  255  1001.7065, Florida Statutes, is amended to read:
  256         1001.7065 Preeminent state research universities program.—
  257         (2) ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—The
  258  following academic and research excellence standards are
  259  established for the preeminent state research universities
  260  program and shall be reported annually in the Board of Governors
  261  Accountability Plan:
  262         (d) A 4-year graduation rate of 60 percent or higher and an
  263  adjusted cohort graduation rate for full-time, first-time-in
  264  college students.
  265         Section 6. Subsection (1) of section 1001.92, Florida
  266  Statutes, is amended to read:
  267         1001.92 State University System Performance-Based
  268  Incentive.—
  269         (1) A State University System Performance-Based Incentive
  270  shall be awarded to state universities using performance-based
  271  metrics adopted by the Board of Governors of the State
  272  University System. Beginning with the Board of Governors’
  273  determination of each university’s performance improvement and
  274  achievement ratings, and the related distribution of annual
  275  fiscal year appropriation, the performance-based metrics must
  276  include:
  277         (a) The 4-year graduation rate and adjusted cohort
  278  graduation rate for first-time-in-college students;
  279         (b) Beginning in fiscal year 2022-2023, the 3-year
  280  graduation rate for associate in arts transfer students;
  281         (c) Retention rates;
  282         (d) Postgraduation education rates;
  283         (e) Degree production;
  284         (f) Affordability;
  285         (g) Postgraduation employment and salaries, including wage
  286  thresholds that reflect the added value of a baccalaureate
  287  degree;
  288         (h) Access rate, based on the percentage of first-year
  289  undergraduate students enrolled during the fall term who
  290  received a Pell Grant during the fall term; and
  291         (i) Beginning in fiscal year 2021-2022, the 6-year
  292  graduation rate for students who are awarded a Pell Grant in
  293  their first year.
  294  
  295  The Board of Governors may approve other metrics in a publicly
  296  noticed meeting. The board shall adopt benchmarks to evaluate
  297  each state university’s performance on the metrics to measure
  298  the state university’s achievement of institutional excellence
  299  or need for improvement and minimum requirements for eligibility
  300  to receive performance funding. Benchmarks and metrics may not
  301  be adjusted after university performance data has been received
  302  by the Board of Governors.
  303         Section 7. Section 1003.437, Florida Statutes, is amended
  304  to read:
  305         1003.437 Middle and high school grading system.—The grading
  306  system and interpretation of letter grades used to measure
  307  student success in grade 6 through grade 12 courses for students
  308  in public schools shall be as follows:
  309         (1) Grade “A” equals 90 percent through 100 percent, has a
  310  grade point average value of 4, and is defined as “outstanding
  311  progress.”
  312         (2) Grade “B” equals 80 percent through 89 percent, has a
  313  grade point average value of 3, and is defined as “above average
  314  progress.”
  315         (3) Grade “C” equals 70 percent through 79 percent, has a
  316  grade point average value of 2, and is defined as “average
  317  progress.”
  318         (4) Grade “D” equals 60 percent through 69 percent, has a
  319  grade point average value of 1, and is defined as “lowest
  320  acceptable progress.”
  321         (5) Grade “F” equals zero percent through 59 percent, has a
  322  grade point average value of zero, and is defined as “failure.”
  323         (6) Grade “I” equals zero percent, has a grade point
  324  average value of zero, and is defined as “incomplete.”
  325  
  326  The State Board of Education shall establish a statewide uniform
  327  weighted grading system for honors courses and articulated
  328  acceleration mechanisms identified in s. 1007.27. For the
  329  purposes of class ranking, District school boards shall use the
  330  may exercise a weighted grading system to calculate weighted
  331  high school grade point averages pursuant to s. 1007.271.
  332         Section 8. Section 1004.0983, Florida Statutes, is created
  333  to read:
  334         1004.0983Public postsecondary safety policies and
  335  procedures.—
  336         (1)Each state university and Florida College System
  337  institution shall adopt and implement written safety policies
  338  and procedures applicable to campus facilities, classrooms, and
  339  other institutional settings to prevent, report, and respond to:
  340         (a) An act of violence or attempted violence against a
  341  person.
  342         (b) A credible threat as defined in s. 784.048(1)(c).
  343         (2)The policies and procedures must:
  344         (a)Identify a person responsible for:
  345         1.Coordinating the state university’s or Florida College
  346  System institution’s response to actions listed in paragraphs
  347  (1)(a) and (b).
  348         2.Implementing such policies and procedures, including all
  349  safety measures.
  350         (b)Establish clear internal and external reporting
  351  protocols, including notification of campus security or a local
  352  law enforcement agency when appropriate.
  353         (c)Outline the protective measures available to affected
  354  persons, which may include work or class relocation, security
  355  escorts, and restricting access to certain areas by a person
  356  engaged in an activity listed in paragraph (1)(a) or paragraph
  357  (1)(b).
  358         (d)Provide timely updates to an affected person regarding
  359  the status of an incident and any action taken.
  360         (e)Ensure the policies and procedures are prominently
  361  posted on the state university’s or Florida College System
  362  institution’s website and available to students, faculty, staff,
  363  and visitors upon request.
  364         (3)Each state university and Florida College System
  365  institution shall annually review and update the policies and
  366  procedures to incorporate the best practices in threat
  367  assessment, campus security, and safety.
  368         (4)The Board of Governors may adopt regulations and the
  369  State Board of Education may adopt rules to administer this
  370  section.
  371         Section 9. Paragraph (b) of subsection (1) of section
  372  1005.06, Florida Statutes, is amended to read:
  373         1005.06 Institutions not under the jurisdiction or purview
  374  of the commission.—
  375         (1) Except as otherwise provided in law, the following
  376  institutions are not under the jurisdiction or purview of the
  377  commission and are not required to obtain licensure:
  378         (b) Any college or, school, or course licensed or approved
  379  as an institution for establishment and operation by another
  380  state agency. A college or school, or any of its programs or
  381  courses, does not qualify for exemption from the commission’s
  382  jurisdiction under this paragraph solely because another state
  383  agency licenses or approves one or more of its programs or
  384  courses. Nothing in this paragraph shall be construed to limit
  385  or affect the exemptions for contract training, continuing
  386  education, or professional development programs or courses under
  387  paragraph (d), even if such programs or courses are approved
  388  under chapter 466 for establishment and operation under part I
  389  of chapter 464, chapter 466, or chapter 475, or any other
  390  chapter of the Florida Statutes requiring licensing or approval
  391  as defined in this chapter.
  392         Section 10. Paragraph (b) of subsection (9) of section
  393  1007.25, Florida Statutes, is amended to read:
  394         1007.25 General education courses; common prerequisites;
  395  other degree requirements.—
  396         (9)
  397         (b) An associate in arts specialized transfer degree must
  398  include 36 semester hours of general education coursework and
  399  require 60 semester hours or more of college credit. Specialized
  400  transfer degrees are designed for Florida College System
  401  institution students who need supplemental lower-level
  402  coursework in preparation for transfer to another institution.
  403  The State Board of Education shall establish criteria for the
  404  review and approval of new specialized transfer degrees. The
  405  approval process must require:
  406         1. A Florida College System institution to submit a notice
  407  of its intent to propose a new associate in arts specialized
  408  degree program to the Division of Florida Colleges. The notice
  409  must include the recommended credit hours, the rationale for the
  410  specialization, the demand for students entering the field, and
  411  the coursework being proposed to be included beyond the 60
  412  semester hours required for the general transfer degree, if
  413  applicable. Notices of intent may be submitted by a Florida
  414  College System institution at any time.
  415         2. The Division of Florida Colleges to forward the notice
  416  of intent within 10 business days after receipt to all Florida
  417  College System institutions and to the Chancellor of the State
  418  University System, who shall forward the notice to all state
  419  universities. State universities and Florida College System
  420  institutions shall have 30 60 days after receipt of the notice
  421  to submit comments to the proposed associate in arts specialized
  422  transfer degree.
  423         3. After the submission of comments pursuant to
  424  subparagraph 2., the requesting Florida College System
  425  institution to submit a proposal that, at a minimum, includes:
  426         a. Evidence that the coursework for the associate in arts
  427  specialized transfer degree includes demonstration of competency
  428  in a foreign language pursuant to s. 1007.262 and demonstration
  429  of civic literacy competency as provided in subsection (5).
  430         b. Demonstration that all required coursework will count
  431  toward the associate in arts degree or the baccalaureate degree.
  432         c. An analysis of demand and unmet need for students
  433  entering the specialized field of study at the baccalaureate
  434  level.
  435         d. Justification for the program length if it exceeds 60
  436  credit hours, including references to the common prerequisite
  437  manual or other requirements for the baccalaureate degree. This
  438  includes documentation of alignment between the exit
  439  requirements of a Florida College System institution and the
  440  admissions requirements of a baccalaureate program at a state
  441  university to which students would typically transfer.
  442         e. Articulation agreements for graduates of the associate
  443  in arts specialized transfer degree.
  444         f. Responses to the comments received under subparagraph 2.
  445         Section 11. Subsections (1) and (16) of section 1007.271,
  446  Florida Statutes, are amended to read:
  447         1007.271 Dual enrollment programs.—
  448         (1) The dual enrollment program is the enrollment of an
  449  eligible secondary student in this state or home education
  450  student in this state in a postsecondary course creditable
  451  toward high school completion and a career certificate or an
  452  associate or baccalaureate degree. Postsecondary institutions
  453  that are eligible to participate in the dual enrollment program
  454  are Florida public postsecondary institutions and eligible not
  455  for-profit independent colleges and universities pursuant to s.
  456  1011.62(1)(i). A student who is enrolled in postsecondary
  457  instruction that is not creditable toward a high school diploma
  458  may not be classified as a dual enrollment student.
  459         (16) Students who meet the eligibility requirements of this
  460  section and who choose to participate in dual enrollment
  461  programs are exempt from the payment of registration, tuition,
  462  and laboratory fees.
  463         Section 12. Subsections (2) and (3) and paragraphs (a) and
  464  (b) of subsection (4) of section 1008.30, Florida Statutes, are
  465  amended to read:
  466         1008.30 Assessing college-level communication and
  467  computation skills for public postsecondary education.—
  468         (2) By January 31, 2022, the State Board of Education shall
  469  adopt rules to develop and implement alternative methods for
  470  assessing the basic communication and computation skills of
  471  students who intend to enter a degree program at a Florida
  472  College System institution. Florida College System institutions
  473  and school district career centers may use these alternative
  474  methods adopted by the State Board of Education for assessing
  475  the basic communication and computation skills of students who
  476  intend to enter a degree program at a Florida College System
  477  institution or school district career center in lieu of the
  478  common placement tests under subsection (1) to assess student
  479  readiness for college-level work in communication and
  480  computation. Florida College System institutions may request
  481  approval of institution-specific alternative methods in
  482  accordance with State Board of Education rules.
  483         (3) The rules adopted under subsection (2) must specify the
  484  following:
  485         (a) A student who entered 9th grade in a Florida public
  486  school in the 2003-2004 school year, or any year thereafter, and
  487  earned a Florida standard high school diploma and who
  488  demonstrated readiness for college-level communication and
  489  computation skills by any of the approved common placement tests
  490  or alternative methods pursuant to this section or a student who
  491  is serving as an active duty member of any branch of the United
  492  States Armed Services is not required to be assessed for
  493  readiness for college-level work in communication and
  494  computation and is not required to enroll in developmental
  495  education instruction in a Florida College System institution or
  496  a school district career center. However, a student who is not
  497  required to be assessed for readiness for college-level work in
  498  communication and computation and is not required to enroll in
  499  developmental education under this paragraph may opt to be
  500  assessed and to enroll in developmental education instruction,
  501  and the college or school district career center shall provide
  502  such assessment and instruction upon the student’s request.
  503         (b) A student who earned a Florida standard high school
  504  diploma and has not demonstrated readiness for college-level
  505  courses pursuant to subsection (1) or subsection (2) must be
  506  offered the opportunity to be is assessed for readiness for
  507  college-level communication and computation and, if the
  508  student’s whose assessment results indicate a need for
  509  developmental education, he or she must be advised of all the
  510  developmental education options offered at the institution. and,
  511  After advisement, the student may enroll in the developmental
  512  education option of his or her choice.
  513         (c) A student who demonstrates readiness by achieving or
  514  exceeding the test scores established under subsection (1) by
  515  the state board and enrolls in a Florida College System
  516  institution or a school district career center within 2 years
  517  after achieving such scores may shall not be required to retest
  518  or complete developmental education when admitted to any Florida
  519  College System institution or school district career center.
  520         (4)(a) Each Florida College System institution and school
  521  district career center shall implement the developmental
  522  education strategies defined in s. 1008.02 and rules established
  523  by the State Board of Education.
  524         (b) Each Florida College System institution and school
  525  district career center shall use placement test results or
  526  alternative methods as established by the State Board of
  527  Education to determine the extent to which each student
  528  demonstrates sufficient communication and computation skills to
  529  indicate readiness for his or her chosen meta-major. Florida
  530  College System institutions and school district career centers
  531  shall counsel students into college credit courses as quickly as
  532  possible, with developmental education limited to that content
  533  needed for success in the meta-major.
  534         Section 13. Subsection (1) of section 1008.44, Florida
  535  Statutes, is amended to read:
  536         1008.44 CAPE Industry Certification Funding List.—
  537         (1) The State Board of Education shall adopt, at least
  538  annually, based upon recommendations by the Commissioner of
  539  Education, the CAPE Industry Certification Funding List that
  540  assigns categories of certificates and certifications as
  541  provided for in s. 1003.4203 to certifications identified in the
  542  Master Credentials List under s. 445.004(4) which meet a
  543  statewide, regional, or local demand. Supplemental funding for
  544  regional and local demand certifications may only be earned in
  545  those areas with regional or local demand as identified by the
  546  Credentials Review Committee.
  547         Section 14. Subsection (2) of section 1008.47, Florida
  548  Statutes, is amended to read:
  549         1008.47 Postsecondary education institution accreditation.—
  550         (2) ACCREDITATION.—
  551         (a) By September 1, 2022, The Board of Governors or the
  552  State Board of Education, as applicable, shall identify and
  553  determine the accrediting agencies or associations best suited
  554  to serve as an accreditor for public postsecondary institutions.
  555  Such accrediting agencies or associations must be recognized by
  556  the database created and maintained by the United States
  557  Department of Education. Within 3 years In the year following
  558  reaffirmation or fifth-year review by its accrediting agencies
  559  or associations, each public postsecondary institution must seek
  560  and obtain accreditation from an accrediting agency or
  561  association identified by the Board of Governors or State Board
  562  of Education, respectively, before its next reaffirmation or
  563  fifth-year review date. The requirements in this section are
  564  limited to a one-time change in accreditation. The requirements
  565  of this subsection are not applicable to those professional,
  566  graduate, departmental, or certificate programs at public
  567  postsecondary institutions that have specific accreditation
  568  requirements or best practices, including, but not limited to,
  569  law, pharmacy, engineering, or other similarly situated
  570  educational programs.
  571         (b) Once a public postsecondary institution is required to
  572  seek and obtain accreditation from an agency or association
  573  identified pursuant to paragraph (a), the institution shall seek
  574  accreditation from an a regional accrediting agency or
  575  association and provide quarterly reports of its progress to the
  576  Board of Governors or State Board of Education, as applicable.
  577  If each regional accreditation agency or association identified
  578  pursuant to paragraph (a) has refused to grant candidacy status
  579  to an institution, the institution must seek and obtain
  580  accreditation from any accrediting agency or association that is
  581  different from its current accrediting agency or association and
  582  is recognized by the database created and maintained by the
  583  United States Department of Education. If a public postsecondary
  584  institution is not granted candidacy status before its next
  585  reaffirmation or fifth-year review date, the institution may
  586  remain with its current accrediting agency or association.
  587         (c) This subsection expires December 31, 2032.
  588         Section 15. Present subsections (4) through (13) of section
  589  1009.21, Florida Statutes, are redesignated as subsections (5)
  590  through (14), respectively, a new subsection (4) is added to
  591  that section, and present subsection (7) of that section is
  592  amended, to read:
  593         1009.21 Determination of resident status for tuition
  594  purposes.—Students shall be classified as residents or
  595  nonresidents for the purpose of assessing tuition in
  596  postsecondary educational programs offered by charter technical
  597  career centers or career centers operated by school districts,
  598  in Florida College System institutions, and in state
  599  universities.
  600         (4) An individual may not lose his or her resident status
  601  for tuition purposes solely by reason of his or her
  602  incarceration in a state or federal correctional facility in
  603  this state.
  604         (8)(7) A person may shall not lose his or her resident
  605  status for tuition purposes solely by reason of his or her
  606  serving, or, if such person is a dependent child, by reason of
  607  his or her parent’s or parents’ serving outside this state as
  608  active duty or civilian personnel:,
  609         (a) In the Armed Forces outside this state.
  610         (b) On assignment for the United States Department of State
  611  or Department of Defense.
  612         (c) Teaching at a Department of Defense Dependent School.
  613         Section 16. Paragraph (a) of subsection (20) of section
  614  1009.26, Florida Statutes, is amended to read:
  615         1009.26 Fee waivers.—
  616         (20)(a) Beginning with the 2026-2027 2022-2023 academic
  617  year, a state university shall waive the out-of-state fee for a
  618  full-time undergraduate student who:
  619         1. Has a grandparent who is a legal resident as defined in
  620  s. 1009.21(1). For purposes of this subsection, the term
  621  “grandparent” means a person who has a legal relationship to a
  622  student’s parent as the natural or adoptive parent or legal
  623  guardian of the student’s parent.
  624         2. Earns a high school diploma comparable to a Florida
  625  standard high school diploma, or its equivalent, or completes a
  626  home education program.
  627         3.a. Achieves an SAT combined score no lower than the 89th
  628  national percentile on the SAT;
  629         b. Achieves an ACT score concordant to the required SAT
  630  score in sub-subparagraph a., using the latest published
  631  national concordance table developed jointly by the College
  632  Board and ACT, Inc.; or
  633         c. If a state university accepts the Classic Learning Test
  634  (CLT) for admission purposes, achieves a CLT score concordant to
  635  the required SAT score specified in sub-subparagraph a., using
  636  the latest published scoring comparison developed by Classic
  637  Learning Initiatives.
  638         4. Beginning with students who initially enroll in the 2022
  639  fall academic term and thereafter, enrolls as a full-time
  640  undergraduate student at a state university in the fall academic
  641  term immediately following high school graduation.
  642         Section 17. Subsection (3) of section 1009.30, Florida
  643  Statutes, is amended to read:
  644         1009.30 Dual Enrollment Scholarship Program.—
  645         (3)(a) The program shall reimburse eligible postsecondary
  646  institutions for tuition and related instructional materials
  647  costs for dual enrollment courses taken during the fall or
  648  spring terms by eligible students, consisting of:
  649         1. Private school students who take dual enrollment courses
  650  pursuant to s. 1007.271(24)(b);
  651         2. Home education program secondary students; or
  652         3. Personalized education program secondary students.
  653         (b) The program shall reimburse eligible independent
  654  postsecondary institutions for tuition and related instructional
  655  materials costs for dual enrollment courses taken by public
  656  school students during the fall or spring terms.
  657         (c) The program shall reimburse institutions for tuition
  658  and related instructional materials costs for dual enrollment
  659  courses taken by public school, private school, home education
  660  program, or personalized education program secondary students
  661  during the summer term.
  662         Section 18. Subsection (2) of section 1009.536, Florida
  663  Statutes, is amended, and subsection (6) is added to that
  664  section, to read:
  665         1009.536 Florida Gold Seal Vocational Scholars and Florida
  666  Gold Seal CAPE Scholars awards.—The Florida Gold Seal Vocational
  667  Scholars award and the Florida Gold Seal CAPE Scholars award are
  668  created within the Florida Bright Futures Scholarship Program to
  669  recognize and reward academic achievement and career preparation
  670  by high school students who wish to continue their education.
  671         (2) A student is eligible for a Florida Gold Seal CAPE
  672  Scholars award if he or she meets the general eligibility
  673  requirements for the Florida Bright Futures Scholarship Program,
  674  and the student:
  675         (a) Earns a minimum of 3 5 postsecondary credits credit
  676  hours through CAPE industry certifications approved pursuant to
  677  s. 1008.44 which articulate for college credit; and
  678         (b) Earns a minimum cumulative weighted grade point average
  679  of 2.5, as calculated pursuant to s. 1009.531, on all subjects
  680  required for a standard high school diploma, excluding elective
  681  courses; and
  682         (c) Completes at least 30 hours of volunteer service, or 75
  683  hours of volunteer service for students entering grade 9 in the
  684  2024-2025 school year and thereafter, or 100 hours of paid work,
  685  approved by the district school board, the administrators of a
  686  nonpublic school, or the Department of Education for home
  687  education program students, or 100 hours of a combination of
  688  both. The student may identify a social or civic issue or a
  689  professional area that interests him or her and develop a plan
  690  for his or her personal involvement in addressing the issue or
  691  learning about the area. The student must, through papers or
  692  other presentations, evaluate and reflect upon his or her
  693  experience. Such volunteer service or paid work may include, but
  694  is not limited to, a business or governmental internship, work
  695  for a nonprofit community service organization, or activities on
  696  behalf of a candidate for public office. The hours of volunteer
  697  service or paid work must be documented in writing, and the
  698  document must be signed by the student, the student’s parent or
  699  guardian, and a representative of the organization for which the
  700  student performed the volunteer service or paid work.
  701         (6) Before or within 3 months after completion of the GATE
  702  Program as provided in s. 1004.933, a student may apply for the
  703  Florida Gold Seal CAPE Scholars award.
  704         Section 19. Paragraph (a) of subsection (4) of section
  705  1009.893, Florida Statutes, is amended to read:
  706         1009.893 Benacquisto Scholarship Program.—
  707         (4) In order to be eligible for an initial award under the
  708  scholarship program, a student must meet the requirements of
  709  paragraph (a) or paragraph (b).
  710         (a) A student who is a resident of this state, as
  711  determined in s. 1009.40 and rules of the State Board of
  712  Education, must:
  713         1. Earn a standard Florida high school diploma or its
  714  equivalent pursuant to s. 1002.3105, s. 1003.4281, s. 1003.4282,
  715  or s. 1003.435 unless:
  716         a. The student completes a home education program according
  717  to s. 1002.41; or
  718         b. The student earns a high school diploma from a non
  719  Florida school while living with a parent who is on military or
  720  public service assignment out of this state;
  721         2. Be accepted by and enroll in a Florida public or
  722  independent postsecondary educational institution that is
  723  regionally accredited; and
  724         3. Be enrolled full-time in a baccalaureate degree program
  725  at an eligible regionally accredited Florida public or
  726  independent postsecondary educational institution during the
  727  fall academic term following high school graduation. A student
  728  may defer the initial scholarship award for up to 1 year.
  729         Section 20. Subsection (5) of section 1009.983, Florida
  730  Statutes, is amended to read:
  731         1009.983 Direct-support organization; authority.—
  732         (5) The chair of the board or a designee who possesses
  733  knowledge, skill, and experience in the areas of accounting,
  734  risk management, or investment management shall serve as a
  735  director of the direct-support organization. The chair and the
  736  executive director of the board shall jointly name, at a
  737  minimum, four other individuals to serve as directors of the
  738  organization.
  739         Section 21. Paragraph (d) of subsection (3) of section
  740  1009.986, Florida Statutes, is amended to read:
  741         1009.986 Florida ABLE program.—
  742         (3) DIRECT-SUPPORT ORGANIZATION; FLORIDA ABLE, INC.—
  743         (d)1. The board of directors of Florida ABLE, Inc., shall
  744  consist of:
  745         a. The chair of the Florida Prepaid College Board, or a his
  746  or her designee who possesses knowledge, skill, and experience
  747  in the areas of accounting, risk management, or investment
  748  management.
  749         b. Up to three individuals who possess knowledge, skill,
  750  and experience in the areas of accounting, risk management, or
  751  investment management, one of whom may be a current member of
  752  the Florida Prepaid College Board, who shall be appointed by the
  753  Florida Prepaid College Board.
  754         c. One individual who possesses knowledge, skill, and
  755  experience in the areas of accounting, risk management, or
  756  investment management, who shall be appointed by the Governor.
  757         d. Two individuals who are advocates of persons with
  758  disabilities, one of whom shall be appointed by the President of
  759  the Senate and one of whom shall be appointed by the Speaker of
  760  the House of Representatives. At least one of the individuals
  761  appointed under this sub-subparagraph must be an advocate of
  762  persons with developmental disabilities, as that term is defined
  763  in s. 393.063.
  764         2.a. The term of the appointees under sub-subparagraph 1.b.
  765  shall be up to 3 years as determined by the Florida Prepaid
  766  College Board. Such appointees may be reappointed.
  767         b. The term of the appointees under sub-subparagraphs 1.c.
  768  and d. shall be 3 years. Such appointees may be reappointed.
  769         3. Unless authorized by the board of directors of Florida
  770  ABLE, Inc., an individual director has no authority to control
  771  or direct the operations of Florida ABLE, Inc., or the actions
  772  of its officers and employees.
  773         4. The board of directors of Florida ABLE, Inc.:
  774         a. Shall meet at least quarterly and at other times upon
  775  the call of the chair.
  776         b. May use any method of telecommunications to conduct, or
  777  establish a quorum at, its meetings or the meetings of a
  778  subcommittee or other subdivision if the public is given proper
  779  notice of the telecommunications meeting and provided reasonable
  780  access to observe and, if appropriate, to participate.
  781         c. Shall annually elect a board member to serve as chair.
  782         5. A majority of the total current membership of the board
  783  of directors of Florida ABLE, Inc., constitutes a quorum of the
  784  board.
  785         6. Members of the board of directors of Florida ABLE, Inc.,
  786  and the board’s subcommittees or other subdivisions shall serve
  787  without compensation; however, the members may be reimbursed for
  788  reasonable, necessary, and actual travel expenses pursuant to s.
  789  112.061.
  790         Section 22. Present paragraphs (h) and (i) of subsection
  791  (17) of section 1011.62, Florida Statutes, are redesignated as
  792  paragraphs (i) and (j), respectively, and a new paragraph (h) is
  793  added to that subsection, to read:
  794         1011.62 Funds for operation of schools.—If the annual
  795  allocation from the Florida Education Finance Program to each
  796  district for operation of schools is not determined in the
  797  annual appropriations act or the substantive bill implementing
  798  the annual appropriations act, it shall be determined as
  799  follows:
  800         (17) ACADEMIC ACCELERATION OPTIONS SUPPLEMENT.—The academic
  801  acceleration options supplement is created to assist school
  802  districts in providing academic acceleration options, career
  803  themed courses, and courses that lead to digital tool
  804  certificates and industry certifications for prekindergarten
  805  through grade 12 students and shall be allocated annually in the
  806  General Appropriations Act.
  807         (h) Calculation of additional full-time equivalent
  808  membership based on the Florida Advanced Courses and Tests
  809  (FACT) College Algebra course and test score of students.—A
  810  value of 0.16 full-time equivalent student membership shall be
  811  calculated for each student in the Florida Advanced Courses and
  812  Tests (FACT) College Algebra course who achieves a minimum score
  813  on an assessment identified by the Department of Education
  814  pursuant to s. 1007.27(2) and added to the total full-time
  815  equivalent student membership in basic programs for grades 9
  816  through 12 in the subsequent fiscal year. Each district shall
  817  allocate at least 80 percent of the funds provided to the
  818  district for the FACT College Algebra course instruction, in
  819  accordance with this paragraph, to the high school that
  820  generates the funds. The school district shall distribute to
  821  each classroom teacher who provided the FACT College Algebra
  822  course instruction:
  823         1.A bonus in the amount of $50 for each student taught by
  824  the FACT College Algebra course teacher in each FACT College
  825  Algebra course who achieves a minimum score on an assessment
  826  identified by the Department of Education pursuant to s.
  827  1007.27(2).
  828         2.An additional bonus of $500 to each FACT College Algebra
  829  course teacher in a school designated with a grade of “D” or “F”
  830  who has at least one student who achieves a minimum score on an
  831  assessment identified by the Department of Education pursuant to
  832  s. 1007.27(2), regardless of the number of classes taught or of
  833  the number of students who achieve a minimum score on an
  834  assessment identified by the Department of Education pursuant to
  835  s. 1007.27(2).
  836         Section 23. Paragraphs (b) and (e) of subsection (3) of
  837  section 1011.84, Florida Statutes, are amended to read:
  838         1011.84 Procedure for determining state financial support
  839  and annual apportionment of state funds to each Florida College
  840  System institution district.—The procedure for determining state
  841  financial support and the annual apportionment to each Florida
  842  College System institution district authorized to operate a
  843  Florida College System institution under the provisions of s.
  844  1001.61 shall be as follows:
  845         (3) DETERMINING THE APPORTIONMENT FROM STATE FUNDS.—
  846         (b) The apportionment to each Florida College System
  847  institution from the Florida College System Program Fund shall
  848  be determined annually in the General Appropriations Act. In
  849  determining each college’s apportionment, the Legislature shall
  850  consider the following components:
  851         1. Base budget, which includes the state appropriation to
  852  the Florida College System Program Fund in the current year plus
  853  the related student tuition and out-of-state fees assigned in
  854  the current General Appropriations Act.
  855         2. The cost-to-continue allocation, which consists of
  856  incremental changes to the base budget, including salaries,
  857  price levels, and other related costs allocated through a
  858  funding model developed by the Florida College System presidents
  859  in consultation with the Department of Education and approved by
  860  the Legislature. The model must which may recognize a minimum
  861  level of funding per FTE and differing economic factors arising
  862  from the individual educational approaches of the various
  863  Florida College System institutions, including, but not limited
  864  to:
  865         a. Program offerings, weighting workforce FTE to account
  866  for priorities and costs Direct Instructional Funding, including
  867  class size, faculty productivity factors, average faculty
  868  salary, ratio of full-time to part-time faculty, costs of
  869  programs, and enrollment factors.
  870         b. Completion of credentials, including certificates,
  871  certifications, and degrees Academic Support, including small
  872  colleges factor, multicampus factor, and enrollment factor.
  873         c. Size of the college Student Services Support, including
  874  headcount of students as well as FTE count and enrollment
  875  factors.
  876         d. Economies of scale Library Support, including volume and
  877  other materials/audiovisual requirements.
  878         e. Regional cost differentials Special Projects.
  879         f. Operations and Maintenance of Plant, including square
  880  footage and utilization factors.
  881         g. Comparable wage factor.
  882         3. Students enrolled in a recreation and leisure program
  883  and students enrolled in a lifelong learning program who may not
  884  be counted as full-time equivalent enrollments for purposes of
  885  enrollment workload adjustments.
  886         4. Operating costs of new facilities adjustments, which
  887  shall be provided, from funds available, for each new facility
  888  that is owned by the college and is recommended in accordance
  889  with s. 1013.31.
  890         5. New and improved program enhancements, which shall be
  891  determined by the Legislature.
  892  
  893  Student fees in the base budget plus student fee revenues
  894  generated by increases in fee rates shall be deducted from the
  895  sum of the components determined in subparagraphs 1.-5. The
  896  amount remaining shall be the net annual state apportionment to
  897  each college.
  898         (e) If at any time the unencumbered balance in the general
  899  fund of the Florida College System institution board of trustees
  900  approved operating budget goes below 7 5 percent for a Florida
  901  College System institution with a final FTE less than 15,000 for
  902  the prior year, or below 7 percent for a Florida College System
  903  institution with a final FTE of 15,000 or greater for the prior
  904  year, the president must shall provide written notification to
  905  the State Board of Education. By September 30 of each year, the
  906  chief financial officer of each Florida College System
  907  institution shall certify the unexpended amount of state funds
  908  remaining in the general fund of an institution as of June 30 of
  909  the previous fiscal year.
  910         Section 24. Subsections (2), (3), and (4) of section
  911  1013.841, Florida Statutes, are amended to read:
  912         1013.841 End of year balance of Florida College System
  913  institution funds.—
  914         (2)(a) Each Florida College System institution with a final
  915  FTE less than 15,000 for the prior year shall maintain a minimum
  916  carry forward balance of at least 7 5 percent of its state
  917  operating budget; however, a Florida College System institution
  918  may retain and report to the State Board of Education an annual
  919  reserve balance exceeding that amount. If a Florida College
  920  System institution fails to maintain a 7 5 percent balance in
  921  state operating funds, the president must shall provide written
  922  notification to the State Board of Education.
  923         (b) Each Florida College System institution with a final
  924  FTE less than 15,000 for the prior year that retains a state
  925  operating fund carry forward balance in excess of the 7 5
  926  percent minimum shall submit a spending plan for its excess
  927  carry forward balance. The spending plan must shall include all
  928  excess carry forward funds from state operating funds. The
  929  spending plan must shall be submitted to the Florida College
  930  System institution’s board of trustees for approval by September
  931  30 of each year, 2020, and each September 30 thereafter. The
  932  State Board of Education shall review and publish each Florida
  933  College System institution’s carry forward spending plan by
  934  November 15 of each year, 2020, and each November 15 thereafter.
  935         (3)(a) Each Florida College System institution with a final
  936  FTE of 15,000 or greater for the prior year shall maintain a
  937  minimum carry forward balance of at least 7 percent of its state
  938  operating budget. If a Florida College System institution fails
  939  to maintain a 7 percent balance in state operating funds, the
  940  institution shall submit a plan to the State Board of Education
  941  to attain the minimum balance.
  942         (b) Each Florida College System institution with a final
  943  FTE of 15,000 or greater for the prior year that retains a state
  944  operating fund carry forward balance in excess of the 7 percent
  945  minimum shall submit a spending plan for its excess carry
  946  forward balance. The spending plan shall include all excess
  947  carry forward funds from state operating funds. The spending
  948  plan shall be submitted to the Florida College System
  949  institution’s board of trustees for approval by September 30,
  950  2020, and each September 30 thereafter. The State Board of
  951  Education shall review and publish each Florida College System
  952  institution’s carry forward spending plan by November 15, 2020,
  953  and each November 15 thereafter.
  954         (4) A Florida College System institution identified in
  955  paragraph (2)(b) (3)(b) must include in its carry forward
  956  spending plan the estimated cost per planned expenditure and a
  957  timeline for completion of the expenditure. A carry forward
  958  spending plan may include retention of the carry forward balance
  959  as a reserve fund to be used for authorized expenses in
  960  subsequent years. Authorized expenditures in a carry forward
  961  spending plan may include:
  962         (a) Commitment of funds to a public education capital
  963  outlay project for which an appropriation was previously
  964  provided, which requires additional funds for completion, and
  965  which is included in the list required by s. 1001.03(18)(d);
  966         (b) Completion of a renovation, repair, or maintenance
  967  project that is consistent with s. 1013.64(1) or replacement of
  968  a minor facility;
  969         (c) Completion of a remodeling or infrastructure project,
  970  if such project is survey recommended pursuant to s. 1013.31;
  971         (d) Completion of a repair or replacement project necessary
  972  due to damage caused by a natural disaster for buildings
  973  included in the inventory required pursuant to s. 1013.31;
  974         (e) Operating expenditures that support the Florida College
  975  System institution’s mission;
  976         (f) Any purpose approved by the state board or specified in
  977  the General Appropriations Act; and
  978         (g) A commitment of funds to a contingency reserve for
  979  expenses incurred as a result of a state of emergency declared
  980  by the Governor pursuant to s. 252.36.
  981         Section 25. This act shall take effect July 1, 2026.