Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 158
       
       
       
       
       
       
                                Barcode 112770                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/25/2009           .                                
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       The Committee on Higher Education (Smith) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4  
    5         Delete everything after the enacting clause
    6  and insert:
    7         Section 1. Section 1009.893, Florida Statutes, is created
    8  to read:
    9         1009.893Sure Futures Scholarship Program.
   10         (1)The Sure Futures Scholarship Program is created for the
   11  purpose of matching private-sector businesses that need
   12  employees in Florida who have advanced degrees with students who
   13  are seeking advanced degrees and employment. The goals of the
   14  program are to provide for a more highly educated workforce in
   15  Florida by offering students financial support to pursue
   16  advanced degrees in identified areas of critical need and
   17  guaranteed employment in Florida with the private-sector
   18  businesses that enter into sponsorships in the program.
   19         (2)The Sure Futures Scholarship Program shall be
   20  administered by the Board of Governors of the State University
   21  System. The Board of Governors may enter into an agreement with
   22  a state university or the Department of Education to provide
   23  operational and administrative services for the program,
   24  including, but not limited to, processing applications,
   25  responding to sponsor letters of interest, disseminating
   26  information about the program, facilitating student and sponsor
   27  matches, managing contributions and state matching dollars, and
   28  managing all components of the scholarship loan program.
   29         (3)As used in this section, the term:
   30         (a)"Eligible graduate program" means a graduate program in
   31  an area of critical need identified by the Board of Governors in
   32  the board's most recent strategic plan and offered by a state
   33  university or private college or university located in this
   34  state which is accredited by the Commission on Colleges of the
   35  Southern Association of Colleges and Schools or the Accrediting
   36  Council for Independent Colleges and Schools. An area of
   37  critical need includes, but is not limited to, education, health
   38  professions, engineering, life sciences, and economic
   39  development sectors yielding high-wage or high-demand jobs.
   40         (b)"Sure Futures scholar" or "scholar" means a student who
   41  has been admitted to an eligible graduate program and who has
   42  applied for and been selected to participate in the Sure Futures
   43  Scholarship Program.
   44         (c)"Sure Futures sponsor" or "sponsor" means a
   45  corporation, partnership, limited liability company, sole
   46  proprietor, or other private-sector business entity that
   47  provides financial support and guaranteed employment
   48  opportunities in Florida pursuant to the provisions of this
   49  section.
   50         (4)(a)The Sure Futures Scholarship Advisory Board is
   51  established to make recommendations to the Board of Governors
   52  regarding the implementation and operation of the program.
   53         (b)The advisory board shall be comprised of the following
   54  members:
   55         1.The Chancellor of the State University System or the
   56  chancellor's designee.
   57         2.Three representatives from state universities appointed
   58  by the chancellor, who shall serve 2-year terms.
   59         3.Three representatives from businesses or industries
   60  located in Florida appointed by the chancellor, who shall serve
   61  2-year terms.
   62         4.Two graduate students who are Sure Futures Scholars from
   63  a state university appointed by the chancellor, who shall serve
   64  1-year terms.
   65         5.Three representatives from private universities
   66  appointed by the Independent Colleges and Universities of
   67  Florida.
   68         6.Two graduate students who are Sure Futures Scholars
   69  appointed by the Independent Colleges and Universities of
   70  Florida.
   71         7.One representative appointed by the Speaker of the
   72  Florida House of Representatives.
   73         8.One representative appointed by the President of the
   74  Florida Senate.
   75         (c)The advisory board shall:
   76         1.Recommend policies and procedures for implementation and
   77  operation of the program, including, but not limited to, an
   78  application and matching process for students and employers
   79  participating in the program.
   80         2.Recommend policies and procedures for receiving,
   81  processing, and managing program revenues, including
   82  contributions from sponsors, repayments of scholarship loans,
   83  and state matching dollars.
   84         3.Recommend a process for approval of printed and
   85  electronic materials, marketing, and advertising.
   86         (5)(a)A student is eligible to apply to the Sure Futures
   87  Scholarship Program and receive a list of sponsors and the
   88  graduate degree programs for which such sponsors are seeking
   89  potential scholars if the student has been admitted as a degree
   90  seeking student in an eligible graduate program at a state
   91  university or a private college or university in this state
   92  which is accredited by the Commission on Colleges of the
   93  Southern Association of Colleges and Schools or the Accrediting
   94  Council for Independent Colleges and Schools and the student
   95  qualifies as a resident for tuition purposes pursuant to s.
   96  1009.21 or has received an undergraduate degree from a Florida
   97  college or university.
   98         (b)A student shall apply to the Board of Governors to
   99  participate in the Sure Futures Scholarship Program using a
  100  standard application form developed by the Board of Governors.
  101         (c)To be eligible for selection as a Sure Futures Scholar,
  102  a student must:
  103         1.Be admitted as a degree-seeking student by an eligible
  104  graduate program.
  105         2.Be classified as a resident for tuition purposes
  106  pursuant to s. 1009.21 at the time of initial enrollment in the
  107  eligible graduate program or have obtained an undergraduate
  108  degree from a Florida college or university.
  109         3.Not be an existing employee of the sponsor with whom the
  110  student is matched.
  111         (6)An employer interested in participating in the Sure
  112  Futures Scholarship Program shall submit a letter of interest to
  113  the Board of Governors. At a minimum, the letter shall indicate
  114  the level and subject matter of the degree program or programs
  115  and the university or universities of interest to the employer.
  116  The Board of Governors shall notify the employer of the graduate
  117  programs that meet the interests of the employer, the eligible
  118  state universities or private colleges or universities that
  119  offer the programs, and the estimated costs of the programs.
  120         (7)The Board of Governors shall review student
  121  applications to match students and potential sponsors. The Board
  122  of Governors shall notify each student applicant and potential
  123  sponsor of the match or matches. Each potential sponsor is
  124  responsible for interviewing the students and notifying the
  125  Board of Governors of the student or students it wishes to
  126  sponsor. The Board of Governors is responsible for determining
  127  the final match of the sponsor and student. A match is not final
  128  until the student has formally accepted an offer of admission to
  129  an eligible graduate program that is acceptable to the potential
  130  sponsor.
  131         (8)(a)Once a match is finalized through the Board of
  132  Governors, the student and the sponsor shall sign a contract
  133  whereby the student agrees to a scholarship loan offered by the
  134  sponsor, with a waiver-of-payment provision if a 4-year
  135  employment obligation in Florida is completed, and the sponsor
  136  agrees to provide a defined 4-year employment position in the
  137  state.
  138         (b)The contract signed by the sponsor and the scholar
  139  shall clearly state the terms of the scholarship loan, the
  140  sponsor's expectations for the scholar's performance, employment
  141  requirements, and potential legal remedies if the terms and
  142  conditions of the contract are not met. The contract shall
  143  provide for repayment of the scholarship loan in accordance with
  144  the provisions of subsection (11) if the scholar is unable to
  145  complete all of the obligations of the contract and shall also
  146  provide for the matching of a scholar to an alternate sponsor if
  147  the original sponsor is unable to complete all of the
  148  obligations of the contract. The terms of such contract shall
  149  include, as a condition of the scholar accepting a match with a
  150  particular sponsor, provisions for noncompetition,
  151  nonsolicitation, and nondisclosure, as required by the sponsor,
  152  for up to 4 years following the scholar's completion of the
  153  graduate degree requirements.
  154         1.For each year that the scholar is enrolled full-time as
  155  a graduate student, the scholarship loan shall cover tuition,
  156  fees, and books for the degree program; health insurance with an
  157  option for the scholar to purchase additional coverage for
  158  dependents; and room and board based on the university dormitory
  159  and meal plan rate.
  160         2.A sponsor may establish terms of sponsorship, including,
  161  but not limited to, the degree sought, the university or
  162  universities in which a scholar may enroll, minimum grade point
  163  average and course load, and requirements regarding internships
  164  and extracurricular activities.
  165         3.Upon graduation, a scholar shall begin working for the
  166  sponsor and must remain employed in this state by the sponsor
  167  for a minimum of 4 years as stipulated in the contract.
  168         4.If a sponsor terminates employment of a scholar without
  169  cause before the scholar completes the 4-year obligation, the
  170  scholar is not required to repay any portion of the scholarship
  171  loan and may be matched with another sponsor to complete the
  172  remaining 4-year contracted employment period. The sponsor and
  173  the scholar shall inform the Board of Governors of the
  174  termination. The sponsor shall not be reimbursed for any amount
  175  paid to the Board of Governors as a sponsor that is made on
  176  behalf of the scholar.
  177         5.If a sponsor terminates employment of a scholar with
  178  cause before the scholar completes the 4-year obligation, the
  179  scholar is required to repay a prorated portion of the
  180  scholarship loan in accordance with the provisions of subsection
  181  (11). The sponsor and the scholar shall inform the Board of
  182  Governors of the termination.
  183         (9)(a)A sponsor shall make an initial monetary
  184  contribution to the Board of Governors of at least 50 percent of
  185  the total funds necessary to cover the costs identified in
  186  subparagraph (8)(b)1. for the duration of the degree program
  187  from which the sponsor wishes to draw students, plus an
  188  additional monetary contribution per year to the Board of
  189  Governors to cover administrative costs of the Sure Futures
  190  Scholarship Program to be computed based on a pro-rata share of
  191  the cost of one scholarship divided by the total number of
  192  scholarships offered. Contributions shall be made to the Board
  193  of Governors by a date specified in, and in accordance with,
  194  guidelines prescribed by the Board of Governors.
  195         (b)The first $300,000 in sponsor administrative fees shall
  196  be used by the Board of Governors to pay start-up costs for
  197  implementing the Sure Futures Scholarship Program. The program
  198  shall be implemented to the extent that such fees are received
  199  by the Board of Governors. Beginning July 1, 2009, and
  200  continuing thereafter, sponsor contributions, except for the
  201  administrative fee portion, are eligible to be matched by the
  202  state on a dollar-for-dollar basis to the extent funds are
  203  appropriated by the Legislature for this purpose. A sponsor may
  204  support one or more scholarship loans and must offer employment
  205  in Florida for each scholar with whom the sponsor is matched for
  206  the 4-year contracted employment period.
  207         (10)The Board of Governors shall establish and maintain a
  208  central database with current information on student applicants
  209  and their profiles, sponsors, the graduate degree programs for
  210  which the sponsors are seeking scholars, the state universities
  211  that offer such programs, and the costs of such programs for
  212  purposes of determining the sponsor support required.
  213         (11)The Board of Governors shall adopt by rule scholarship
  214  loan terms, repayment schedules, and procedures for collection,
  215  settlement, and charging off of delinquent unpaid and uncanceled
  216  scholarship loan notes. A scholarship loan must be repaid within
  217  10 years.
  218         (a)Credit for repayment of a scholarship loan shall be in
  219  an amount not to exceed 25 percent in loan principal plus
  220  applicable accrued interest for each full year of employment
  221  service.
  222         (b)Unless the Sure Futures scholar has received full
  223  credit for repayment, the scholar is responsible for repaying
  224  the unwaived portion of the Sure Futures scholarship loan plus
  225  accrued interest at 8 percent annually. The repayment shall be
  226  deferred until the scholar has either become entitled to a full
  227  waiver-of-payment or the scholar is no longer eligible for the
  228  waiver-of-payment, in which event the amount owed will be based
  229  on that portion of principal and accrued interest that was not
  230  credited under the waiver-of-payment repayment provisions in
  231  this section.
  232         (c)Sure Futures scholars may receive scholarship loan
  233  repayment credit when matched with another sponsor at any time
  234  during the scheduled repayment period. The scholar shall receive
  235  credit only for the remaining employment service provided for in
  236  the terms of the initial employment contract. Further, such
  237  repayment credit shall be applicable only to the current
  238  principal and accrued interest balance that remains at the time
  239  the repayment credit is earned. No scholar shall be reimbursed
  240  for previous cash payments of principal and interest.
  241         (12)Prepared documentation and electronic information
  242  regarding the program shall be made available through the
  243  appropriate office at each eligible private college or
  244  university. As deemed appropriate by its administration, an
  245  eligible private college or university may provide additional
  246  information or activities, such as providing one-on-one
  247  discussions with advisors, conducting seminars on the program,
  248  or working with companies in its service area to create
  249  scholarships through the program.
  250         (13)State agencies, local workforce boards, chambers of
  251  commerce, and Enterprise Florida, Inc., are strongly encouraged
  252  to promote sponsor and scholar participation in the program.
  253         (14)To the extent the funds contributed by a sponsor and
  254  any matching funds provided by the state are not sufficient to
  255  pay for the costs identified in subparagraph (8)(b)1., the state
  256  university or private college or university eligible pursuant to
  257  this act that enrolls the scholar may provide the difference in
  258  cost through grants or waivers.
  259         Section 2. This act shall take effect July 1, 2009.
  260  
  261  ================= T I T L E  A M E N D M E N T ================
  262         And the title is amended as follows:
  263         Delete everything before the enacting clause
  264  and insert:
  265                        A bill to be entitled                      
  266         An act relating to student financial assistance;
  267         creating s. 1009.893, F.S.; creating the Sure Futures
  268         Scholarship Program; providing purposes and goals for
  269         the program; providing for the Board of Governors of
  270         the State University System to administer the program;
  271         providing definitions; establishing the Sure Futures
  272         Advisory Board; providing membership and duties of the
  273         advisory board; providing eligibility criteria for
  274         participation in the program by students and sponsors;
  275         providing procedures for application to the program
  276         and selection of participants; requiring that sponsors
  277         and students participating in the program enter into a
  278         contract and specifying certain terms; providing
  279         benefits and requirements for students selected to
  280         participate in the program; authorizing sponsors to
  281         establish terms of sponsorship and specify
  282         universities at which a student may enroll to receive
  283         sponsorship; providing requirements if a sponsor
  284         terminates a scholar; requiring that a participating
  285         student who graduates with an advanced degree remain
  286         employed by his or her sponsor in this state for a
  287         specified period; requiring that a sponsor make
  288         specified monetary contributions for the program;
  289         providing for implementation of the program based on
  290         fees received; providing for state matching of
  291         contributions; requiring the Board of Governors to
  292         establish a central database; providing requirements
  293         relating to scholarship loans; providing for repayment
  294         of a prorated portion of a scholarship loan if certain
  295         obligations are not met; requiring that eligible
  296         private colleges and universities make available
  297         certain information regarding the program; encouraging
  298         certain entities to promote participation in the
  299         program; authorizing state universities or private
  300         colleges and universities to provide grants or
  301         waivers; providing an effective date.