Florida Senate - 2011         (PROPOSED COMMITTEE BILL) SPB 7130
       
       
       
       FOR CONSIDERATION By the Committee on Budget
       
       
       
       
       576-02385L-11                                         20117130__
    1                        A bill to be entitled                      
    2         An act relating to postsecondary education funding;
    3         amending s. 213.053, F.S.; authorizing the Department
    4         of Revenue to provide certain information regarding
    5         the gross receipts tax to the State Board of
    6         Education, the Division of Bond Finance, and the
    7         Office of Economic and Demographic Research; amending
    8         s. 215.61, F.S.; requiring that, for purposes of
    9         servicing public education capital outlay bonds, the
   10         State Board of Education disregard the effects on the
   11         gross receipts tax revenues collected during a tax
   12         period of a refund resulting from a specified
   13         settlement agreement; amending s. 1001.706, F.S.;
   14         prohibiting the Board of Governors from establishing
   15         and maintaining a foundation, a direct-support
   16         organization, or any similar entity; requiring that
   17         any funds currently held by the board in a foundation
   18         be returned to the donor; prohibiting the board from
   19         paying an employee compensation from a foundation,
   20         direct-support organization, or similar entity;
   21         amending s. 1004.091, F.S.; revising provisions
   22         relating to the duties of the Florida Distance
   23         Learning Consortium; requiring that the consortium
   24         implement a streamlined, automated, online
   25         registration process for transient students who are
   26         undergraduate students currently enrolled and pursuing
   27         a degree at a public postsecondary educational
   28         institution; requiring that the consortium work with
   29         the Florida College System and the State University
   30         System to implement the admissions application
   31         process; providing certain requirements for state
   32         universities and state colleges; amending s. 1006.72,
   33         F.S.; revising provisions relating to the licensing of
   34         electronic library resources; requiring that the
   35         Chancellor and Vice Chancellor of the Florida College
   36         System and the State University System report cost
   37         savings resulting from the collaborative licensing
   38         process to the Executive Office of the Governor and
   39         the chairs of the legislative appropriations
   40         committees; amending s. 1007.28, F.S.; revising
   41         provisions relating to the computer-assisted student
   42         advising system; requiring that the system provide a
   43         transient student admissions application process for
   44         certain students; creating s. 1009.215, F.S.;
   45         authorizing each university, with the approval of the
   46         Board of Governors of the State University System, to
   47         plan and implement a program for students to enroll
   48         for the spring and summer terms rather than the fall
   49         terms in order to align student enrollment with
   50         available instructional staff and facilities;
   51         providing for eligibility for the Bright Futures
   52         Scholarship to conform to periods of a student’s
   53         enrollment; requiring each university that implements
   54         the plan to report to the Legislature by a specified
   55         date; amending s. 1009.22, F.S.; revising provisions
   56         relating to workforce education postsecondary student
   57         fees; revising the standard tuition for programs
   58         leading to a career certificate or an applied
   59         technology diploma; requiring that a block tuition be
   60         assessed for residents and nonresidents enrolled in
   61         adult general education programs; amending s. 1009.23,
   62         F.S.; revising provisions relating to community
   63         college student fees, including the standard tuition
   64         for residents and nonresidents and the out-of-state
   65         fee; authorizing each college to assess a transient
   66         student fee that does not exceed a specified amount
   67         per distance learning course; amending s. 1009.24,
   68         F.S.; revising provisions relating to state university
   69         student fees; authorizing each university board of
   70         trustees to establish a transient student fee that
   71         does not exceed a specified amount per distance
   72         learning course for processing the transient student
   73         admissions application; revising provisions relating
   74         to the tuition differential; amending s. 1009.25,
   75         F.S.; deleting provisions that exempt students from
   76         paying tuition and fees for adult basic, adult
   77         secondary, or career preparatory instruction; creating
   78         s. 1009.251, F.S.; creating the STEM Scholarship
   79         Program; providing a purpose; providing definitions;
   80         providing eligibility requirements; providing that
   81         funds appropriated by the Legislature in the General
   82         Appropriations Act be allocated by the Office of
   83         Student Financial Assistance within the Department of
   84         Education; providing for the issuance of scholarship
   85         awards annually; authorizing the State Board of
   86         Education to establish rules; amending s. 1009.286,
   87         F.S.; revising provisions relating to a surcharge for
   88         hours exceeding baccalaureate degree program
   89         completion requirements at state universities;
   90         increasing the percentage of the tuition rate that
   91         must be paid; amending ss. 1009.55, 1009.56, 1009.57,
   92         1009.60, and 1009.69, F.S.; requiring that the funding
   93         for the Rosewood Family Scholarship Program, the
   94         Seminole and Miccosukee Indian Scholarships, the
   95         Florid Teacher Scholarship and Forgivable Loan
   96         Program, the Minority Teacher Education Scholars
   97         Program, the Florida Minority Medical Education
   98         Program, and the Virgil Hawkins Fellows Assistance
   99         Program be as provided in the General Appropriations
  100         Act; amending s. 1009.701, F.S.; revising provisions
  101         relating to the First Generation Matching Grant
  102         Program; requiring that the first priority of funding
  103         be given to certain students who qualify and receive
  104         federal Pell Grant funds; amending ss. 1009.73 and
  105         1009.74, F.S.; providing that funding for the Mary
  106         McLeod Bethune Scholarship Program and the Theodore R.
  107         and Vivian M. Johnson Scholarship Program be as
  108         provided in the General Appropriations Act; amending
  109         s. 1009.77, F.S.; revising provisions relating to the
  110         Florida Work Experience Program; requiring that first
  111         priority of funding be given to certain students who
  112         qualify and receive federal Pell Grant funds;
  113         requiring that the funding of the program be provided
  114         as in the General Appropriations Act; amending ss.
  115         1009.89 and 1009.891, F.S.; requiring that funding of
  116         the William L. Boyd, IV, Florida Resident Access Grant
  117         Program and the Access to Better Learning and
  118         Education Grant Program be provided as in the General
  119         Appropriations Act; creating s. 1009.985, F.S.;
  120         suspending the sale of new Florida prepaid college
  121         advance payment contracts during a specified fiscal
  122         year; providing an exception; amending s. 1011.32,
  123         F.S.; providing that state matching funds for the
  124         Community College Facility Enhancement Challenge Grant
  125         Program be temporarily suspended for donations made
  126         after a specified date; providing that existing
  127         donations remain eligible for future matching funds;
  128         amending s. 1011.52, F.S.; deleting a provision that
  129         requires the Legislature to provide an annual
  130         appropriation to the first accredited medical school;
  131         amending s. 1011.61, F.S.; revising the definition of
  132         the term “full-time equivalent student”; amending s.
  133         1011.80, F.S.; revising provisions relating to funds
  134         for the operation of workforce education programs;
  135         prohibiting the expenditure of funds for the education
  136         of state or federal inmates; prohibiting the reporting
  137         of a student who is coenrolled in a K-12 education
  138         program and an adult education program for funding
  139         purposes; amending s. 1011.81, F.S.; revising
  140         provisions relating to the Community College Program
  141         Fund to prohibit the expenditure of funds for the
  142         education of state or federal inmates; amending s.
  143         1011.85, F.S.; revising provisions relating to the Dr.
  144         Philip Benjamin Matching Grant Program for Community
  145         Colleges; providing that funds received from community
  146         events, festivals, or other such activities are not
  147         eligible for state matching funds; providing that
  148         state matching funds under the program be temporarily
  149         suspended for donations after a specified date;
  150         providing that existing donations remain eligible for
  151         future matching funds; amending ss. 1011.94 and
  152         1013.79, F.S.; providing that state matching funds for
  153         donations to the University Major Gifts Program and
  154         the University Facility Enhancement Challenge Grant
  155         Program are temporarily suspended; providing that
  156         existing donations remain eligible for future matching
  157         funds; amending s. 1013.737, F.S.; revising the name
  158         of the Class Size Reduction Lottery Revenue Bond
  159         Program to the Class Size Reduction and Educational
  160         Facilities Lottery Revenue Bond Program; authorizing
  161         the issuance of educational facilities bonds;
  162         requiring that the Department of Education work with
  163         the College Center for Library Automation to transfer
  164         the Sunlink bibliographic database for inclusion in
  165         CCLA’s online discovery tool product for the public to
  166         search; requiring that the department also develop an
  167         ongoing process to provided for the updating of such
  168         data; requiring that the Florida Center for Library
  169         Automation and the CCLA develop and submit a plan to
  170         the Governor and the Legislature for establishing a
  171         single postsecondary education union catalog;
  172         requiring that the Task Force for the Future of
  173         Academic Libraries in Florida submit a plan to the
  174         Governor and Legislature regarding the establishment
  175         of a joint library technology organizational
  176         structure; providing effective dates.
  177  
  178  Be It Enacted by the Legislature of the State of Florida:
  179  
  180         Section 1. Paragraph (dd) is added to subsection (8) of
  181  section 213.053, Florida Statutes, as amended by chapter 2010
  182  280, Laws of Florida, to read:
  183         213.053 Confidentiality and information sharing.—
  184         (8) Notwithstanding any other provision of this section,
  185  the department may provide:
  186         (dd) Information relative to s. 215.61(6) to the State
  187  Board of Education, the Division of Bond Finance, and the Office
  188  of Economic and Demographic Research.
  189  
  190  Disclosure of information under this subsection shall be
  191  pursuant to a written agreement between the executive director
  192  and the agency. Such agencies, governmental or nongovernmental,
  193  shall be bound by the same requirements of confidentiality as
  194  the Department of Revenue. Breach of confidentiality is a
  195  misdemeanor of the first degree, punishable as provided by s.
  196  775.082 or s. 775.083.
  197         Section 2. Subsection (6) is added to section 215.61,
  198  Florida Statutes, to read:
  199         215.61 State system of public education capital outlay
  200  bonds.—
  201         (6) In making the determination as required by subsection
  202  (3) of the amount that can be serviced by the gross receipts
  203  tax, the State Board of Education shall disregard the effects on
  204  the reported gross receipts tax revenues collected during a tax
  205  period of any refund paid by the Department of Revenue as a
  206  direct result of a refund request made pursuant to the
  207  settlement reached in In re: AT&T Mobility Wireless Data
  208  Services Sales Litigation, 270 F.R.D. 330, (Aug. 11, 2010). The
  209  Department of Revenue shall provide to the State Board of
  210  Education, the Division of Bond Finance, and the Office of
  211  Economic and Demographic Research the amount of any such refund
  212  and the tax period in which the refund is included.
  213         Section 3. Paragraph (e) is added to subsection (4) of
  214  section 1001.706, Florida Statutes, and paragraph (e) is added
  215  to subsection (6) of that section, to read:
  216         1001.706 Powers and duties of the Board of Governors.—
  217         (4) POWERS AND DUTIES RELATING TO FINANCE.—
  218         (e) The Board of Governors may not establish or maintain a
  219  foundation, a direct-support organization, or any similar
  220  entity. Any funds currently held by the board in a foundation
  221  shall be returned to the donor.
  222         (6) POWERS AND DUTIES RELATING TO PERSONNEL.—
  223         (e) An employee of the Board of Governors may not be paid a
  224  salary or any other compensation from a foundation, direct
  225  support organization, or similar entity.
  226         Section 4. Subsection (2) of section 1004.091, Florida
  227  Statutes, is amended to read:
  228         1004.091 Florida Distance Learning Consortium.—
  229         (2) The Florida Distance Learning Consortium shall:
  230         (a) Manage and promote the Florida Higher Education
  231  Distance Learning Catalog, established pursuant to s. 1004.09,
  232  to help increase student access to undergraduate distance
  233  learning courses and degree programs and to assist students
  234  seeking accelerated access in order to complete their degrees.
  235         (b) Beginning with the 2011-2012 academic year, implement
  236  Develop, in consultation with the Florida College System and the
  237  State University System, a plan to be submitted to the Board of
  238  Governors, the State Board of Education, the Governor, the
  239  President of the Senate, and the Speaker of the House of
  240  Representatives no later than December 1, 2010, for implementing
  241  a streamlined, automated, online registration process for
  242  transient students who are undergraduate students currently
  243  enrolled and pursuing a degree at who have been admitted to a
  244  public postsecondary educational institution and who choose wish
  245  to enroll in a course listed in the Florida Higher Education
  246  Distance Learning Catalog which, including courses offered by an
  247  institution that is offered by a public postsecondary
  248  educational institution that is not the student’s degree
  249  granting or home institution. The consortium shall work with the
  250  Florida College System and the State University System to
  251  implement this admissions application process requiring all
  252  state universities and state colleges to: The plan must describe
  253  how such a registration process can be implemented by the 2011
  254  2012 academic year as an alternative to the standard
  255  registration process of each institution. The plan must also
  256  address:
  257         1. Use the transient student admissions application
  258  available through the Florida Academic Counseling and Tracking
  259  for Students system established pursuant to s. 1007.28. This
  260  admissions application shall be the only one required for the
  261  enrollment of the transient student defined in this paragraph.
  262         2. Implement the financial aid procedures required by the
  263  transient student admissions application process in accordance
  264  to the published specifications, which must include the
  265  involvement of the financial aid officers.
  266         3. Transfer credit awarded by the institutions offering the
  267  distance learning course to the transient student’s degree
  268  granting institution.
  269         4. Interface their institutional systems to the Florida
  270  Academic Counseling and Tracking for Students system in order to
  271  electronically send, receive, and process the transient
  272  admissions application no later than July 1, 2012. Fiscal and
  273  substantive policy changes needed to address administrative,
  274  academic, and programmatic policies and procedures. Policy areas
  275  that the plan must address include, but need not be limited to,
  276  student financial aid issues, variations in fees, admission and
  277  readmission, registration-prioritization issues, transfer of
  278  credit, and graduation requirements, with specific attention
  279  given to creating recommended guidelines that address students
  280  who attend more than one institution in pursuit of a degree.
  281         2. A method for the expedited transfer of distance learning
  282  course credit awarded by an institution offering a distance
  283  learning course to a student’s degree-granting or home
  284  institution upon the student’s successful completion of the
  285  distance learning course.
  286         3. Compliance with applicable technology security standards
  287  and guidelines to ensure the secure transmission of student
  288  information.
  289         (c) Coordinate the negotiation of statewide licensing and
  290  preferred pricing agreements for distance learning resources and
  291  enter into agreements that result in cost savings with distance
  292  learning resource providers so that postsecondary educational
  293  institutions have the opportunity to benefit from the cost
  294  savings.
  295         (d)1. Develop and operate a central instructional content
  296  repository that allows public school and postsecondary
  297  educational institution users faculty to search, locate, and
  298  use, and contribute digital and electronic instructional
  299  resources and content, including open access textbooks. In the
  300  development of the a repository, the consortium shall identify
  301  and seek partnerships with similar national, state, and regional
  302  repositories for the purpose of sharing instructional content.
  303  The consortium shall collaborate with the public postsecondary
  304  educational institutions to ensure that the repository:
  305         a. Is accessible by the Integrates with multiple learning
  306  management systems used by the public postsecondary educational
  307  institutions and the local instructional improvement systems
  308  established pursuant to s. 1006.281.
  309         b. Allows institutions to set appropriate copyright and
  310  access restrictions and track content usage.
  311         c. Allows for appropriate customization.
  312         d. Supports established protocols to access instructional
  313  content within other repositories.
  314         2. Provide to Develop, in consultation with the chancellors
  315  of the Florida College System and the State University System,
  316  recommendations a plan for promoting and increasing the use of
  317  open access textbooks as a method for reducing textbook costs.
  318  The recommendations plan shall be submitted to the Board of
  319  Governors, the State Board of Education, the Office of Policy
  320  and Budget in the Executive Office of the Governor, the chair of
  321  the Senate Policy and Steering Committee on Ways and Means, and
  322  the chair of the House Full Appropriations Council on Education
  323  & Economic Development no later than March 1, 2010, and shall
  324  include:
  325         a. An inventory of existing open access textbooks.
  326         a.b.The A listing of undergraduate courses, in particular
  327  the general education courses, that would be recommended for the
  328  use of open access textbooks.
  329         b.c. A standardized process for the review and approval of
  330  open access textbooks.
  331         d. Recommendations for encouraging and promoting faculty
  332  development and use of open access textbooks.
  333         e. Identification of barriers to the implementation of open
  334  access textbooks.
  335         c.f. Strategies for the production and distribution of open
  336  access textbooks to ensure such textbooks may be easily
  337  accessed, downloaded, printed, or obtained as a bound version by
  338  students at either reduced or no cost.
  339         g. Identification of the necessary technology security
  340  standards and guidelines to safeguard the use of open access
  341  textbooks.
  342         (d)(e) Identify and evaluate new technologies and
  343  instructional methods that can be used for improving distance
  344  learning instruction, student learning, and the overall quality
  345  of undergraduate distance learning courses and degree programs.
  346         (e)(f) Identify methods that will improve student access to
  347  and completion of undergraduate distance learning courses and
  348  degree programs.
  349         Section 5. Subsection (7) is added to section 1006.72,
  350  Florida Statutes, to read:
  351         1006.72 Licensing electronic library resources.—
  352         (7) REPORT.—The Chancellor and Vice Chancellor of the
  353  Florida College System and the State University System shall
  354  annually report to the Executive Office of the Governor and the
  355  chairs of the House Appropriations Committee and the Senate
  356  Budget Committee the cost savings realized as a result of the
  357  collaborative licensing process identified in this section.
  358         Section 6. Subsection (5) is added to section 1007.28,
  359  Florida Statutes, to read:
  360         1007.28 Computer-assisted student advising system.—The
  361  Department of Education, in conjunction with the Board of
  362  Governors, shall establish and maintain a single, statewide
  363  computer-assisted student advising system, which must be an
  364  integral part of the process of advising, registering, and
  365  certifying students for graduation and must be accessible to all
  366  Florida students. The state universities and community colleges
  367  shall interface institutional systems with the computer-assisted
  368  advising system required by this section. The State Board of
  369  Education and the Board of Governors shall specify in the
  370  statewide articulation agreement required by s. 1007.23(1) the
  371  roles and responsibilities of the department, the state
  372  universities, and the community colleges in the design,
  373  implementation, promotion, development, and analysis of the
  374  system. The system shall consist of a degree audit and an
  375  articulation component that includes the following
  376  characteristics:
  377         (5) The system must provide the transient student
  378  admissions application process for those students defined in s.
  379  1004.091, which includes the electronic transfer and receipt of
  380  information and records for the following functions:
  381         (a) Admissions and readmissions;
  382         (b) Financial aid; and
  383         (c) Transfer of credit awarded by the institution offering
  384  the distance learning course to the transient student’s degree
  385  granting institution.
  386         Section 7. Section 1009.215, Florida Statutes, is created
  387  to read:
  388         1009.215Spring and summer term student enrollment.—
  389         (1) Subject to approval by the Board of Governors of the
  390  State University System, each university is authorized to plan
  391  and implement a student enrollment plan for the spring and
  392  summer terms for the purpose of aligning on-campus student
  393  enrollment with available instructional staff and facilities.
  394         (2) The plan shall provide for a student cohort that is
  395  limited to on-campus enrollment during the spring and summer
  396  terms. Students in this cohort would not be eligible for on
  397  campus enrollment during the fall terms.
  398         (3) Students who enroll for the spring and summer terms and
  399  who are eligible to receive Bright Futures Scholarships under
  400  ss. 1009.53-1009.536 are eligible to receive the scholarship
  401  award for attendance during the spring and summer terms but are
  402  not eligible to receive the scholarship for attendance during
  403  the fall terms.
  404         (4) By January 31, 2013, each university that has
  405  implemented this plan shall report to the President of the
  406  Senate and the Speaker of the House of Representatives regarding
  407  the status of the plan’s implementation.
  408         Section 8. Paragraph (c) of subsection (3) of section
  409  1009.22, Florida Statutes, is amended to read:
  410         1009.22 Workforce education postsecondary student fees.—
  411         (3)
  412         (c) Effective July 1, 2011, for programs leading to a
  413  career certificate or an applied technology diploma, the
  414  standard tuition shall be $2.22 per contact hour for residents
  415  and nonresidents and the out-of-state fee shall be $6.66 per
  416  contact hour. For adult general education programs, a block
  417  tuition of $45 per half year shall be assessed for residents and
  418  nonresidents, and the out-of-state fee shall be $135 per half
  419  year. Effective January 1, 2008, standard tuition shall be $1.67
  420  per contact hour for programs leading to a career certificate or
  421  an applied technology diploma and 83 cents for adult general
  422  education programs. The out-of-state fee per contact hour shall
  423  be three times the standard tuition per contact hour.
  424         Section 9. Paragraphs (a) and (b) of subsection (3) of
  425  section 1009.23, Florida Statutes, are amended and present
  426  subsection (17) of that section is redesignated as subsection
  427  (18), and a new subsection (17) is added to that section, to
  428  read:
  429         1009.23 Community college student fees.—
  430         (3)(a) Effective July 1, 2011 January 1, 2008, for advanced
  431  and professional, postsecondary vocational, college preparatory,
  432  and educator preparation institute programs, the following
  433  tuition and fee rates shall apply:
  434         1. the standard tuition shall be $68.56 per credit hour for
  435  residents and nonresidents, and the out-of-state fee shall be
  436  $205.82 per credit hour $51.35 per credit hour for students who
  437  are residents for tuition purposes.
  438         2. The standard tuition shall be $51.35 per credit hour and
  439  the out-of-state fee shall be $154.14 per credit hour for
  440  students who are nonresidents for tuition purposes.
  441         (b) Effective July 1, 2011 January 1, 2008, for
  442  baccalaureate degree programs, the following tuition and fee
  443  rates shall apply:
  444         1. The tuition shall be $87.42 $65.47 per credit hour for
  445  students who are residents for tuition purposes.
  446         2. The sum of the tuition and the out-of-state fee per
  447  credit hour for students who are nonresidents for tuition
  448  purposes shall be no more than 85 percent of the sum of the
  449  tuition and the out-of-state fee at the state university nearest
  450  the community college.
  451         (17) Each college may assess a transient student fee not to
  452  exceed $5 per distance learning course for processing the
  453  transient student admissions application pursuant to s.
  454  1004.091.
  455         Section 10. Paragraph (t) is added to subsection (14) of
  456  section 1009.24, Florida Statutes, and paragraph (a) of
  457  subsection (16) of that section is amended, to read:
  458         1009.24 State university student fees.—
  459         (14) Except as otherwise provided in subsection (15), each
  460  university board of trustees is authorized to establish the
  461  following fees:
  462         (t) A transient student fee not to exceed $5 per distance
  463  learning course for processing the transient student admissions
  464  application pursuant to s. 1004.091.
  465  
  466  With the exception of housing rental rates and except as
  467  otherwise provided, fees assessed pursuant to paragraphs (h)-(s)
  468  shall be based on reasonable costs of services. The Board of
  469  Governors shall adopt regulations and timetables necessary to
  470  implement the fees and fines authorized under this subsection.
  471  The fees assessed under this subsection may be used for debt
  472  only as authorized under s. 1010.62.
  473         (16) Each university board of trustees may establish a
  474  tuition differential for undergraduate courses upon receipt of
  475  approval from the Board of Governors. The tuition differential
  476  shall promote improvements in the quality of undergraduate
  477  education and shall provide financial aid to undergraduate
  478  students who exhibit financial need.
  479         (a) Seventy percent of the revenues from the tuition
  480  differential shall be expended for purposes of undergraduate
  481  education. Such expenditures may include, but are not limited
  482  to, increasing course offerings, improving graduation rates,
  483  increasing the percentage of undergraduate students who are
  484  taught by faculty, decreasing student-faculty ratios, providing
  485  salary increases for faculty who have a history of excellent
  486  teaching in undergraduate courses, improving the efficiency of
  487  the delivery of undergraduate education through academic
  488  advisement and counseling, and reducing the percentage of
  489  students who graduate with excess hours. This expenditure for
  490  undergraduate education may not be used to pay the salaries of
  491  graduate teaching assistants. Except as otherwise provided in
  492  this subsection, the remaining 30 percent of the revenues from
  493  the tuition differential, or the equivalent amount of revenue
  494  from private sources, shall be expended to provide financial aid
  495  to undergraduate students who exhibit financial need, including
  496  students who are scholarship recipients under s. 1009.984, to
  497  meet the cost of university attendance. This expenditure for
  498  need-based financial aid shall not supplant the amount of need
  499  based aid provided to undergraduate students in the preceding
  500  fiscal year from financial aid fee revenues, the direct
  501  appropriation for financial assistance provided to state
  502  universities in the General Appropriations Act, or from private
  503  sources. The total amount of tuition differential waived under
  504  subparagraph (b)8. may be included in calculating the
  505  expenditures for need-based financial aid to undergraduate
  506  students required by this subsection. If the entire tuition and
  507  fee costs of students who have applied for and received Pell
  508  Grant funds have been met and the university has excess funds
  509  remaining from the 30 percent of the revenues from the tuition
  510  differential required to be used to assist students who exhibit
  511  financial need, the university may expend the excess portion in
  512  the same manner as required for the other 70 percent of the
  513  tuition differential revenues.
  514         Section 11. Section 1009.25, Florida Statutes, is amended
  515  to read:
  516         1009.25 Fee exemptions.—
  517         (1) The following Students are exempt from any requirement
  518  for the payment of tuition and fees, including lab fees, for
  519  adult basic, adult secondary, or career-preparatory instruction:
  520         (a) A student who does not have a high school diploma or
  521  its equivalent.
  522         (b) A student who has a high school diploma or its
  523  equivalent and who has academic skills at or below the eighth
  524  grade level pursuant to state board rule. A student is eligible
  525  for this exemption from fees if the student’s skills are at or
  526  below the eighth grade level as measured by a test administered
  527  in the English language and approved by the Department of
  528  Education, even if the student has skills above that level when
  529  tested in the student’s native language.
  530         (1)(2) The following students are exempt from the payment
  531  of tuition and fees, including lab fees, at a school district
  532  that provides postsecondary career programs, community college,
  533  or state university:
  534         (a) A student enrolled in a dual enrollment or early
  535  admission program pursuant to s. 1007.27 or s. 1007.271.
  536         (b) A student enrolled in an approved apprenticeship
  537  program, as defined in s. 446.021.
  538         (c) A student who is or was at the time he or she reached
  539  18 years of age in the custody of the Department of Children and
  540  Family Services or who, after spending at least 6 months in the
  541  custody of the department after reaching 16 years of age, was
  542  placed in a guardianship by the court. Such exemption includes
  543  fees associated with enrollment in career-preparatory
  544  instruction. The exemption remains valid until the student
  545  reaches 28 years of age.
  546         (d) A student who is or was at the time he or she reached
  547  18 years of age in the custody of a relative under s. 39.5085 or
  548  who was adopted from the Department of Children and Family
  549  Services after May 5, 1997. Such exemption includes fees
  550  associated with enrollment in career-preparatory instruction.
  551  The exemption remains valid until the student reaches 28 years
  552  of age.
  553         (e) A student enrolled in an employment and training
  554  program under the welfare transition program. The regional
  555  workforce board shall pay the state university, community
  556  college, or school district for costs incurred for welfare
  557  transition program participants.
  558         (f) A student who lacks a fixed, regular, and adequate
  559  nighttime residence or whose primary nighttime residence is a
  560  public or private shelter designed to provide temporary
  561  residence for individuals intended to be institutionalized, or a
  562  public or private place not designed for, or ordinarily used as,
  563  a regular sleeping accommodation for human beings.
  564         (g) A student who is a proprietor, owner, or worker of a
  565  company whose business has been at least 50 percent negatively
  566  financially impacted by the buyout of property around Lake
  567  Apopka by the State of Florida. Such student may receive a fee
  568  exemption only if the student has not received compensation
  569  because of the buyout, the student is designated a Florida
  570  resident for tuition purposes, pursuant to s. 1009.21, and the
  571  student has applied for and been denied financial aid, pursuant
  572  to s. 1009.40, which would have provided, at a minimum, payment
  573  of all student fees. The student is responsible for providing
  574  evidence to the postsecondary education institution verifying
  575  that the conditions of this paragraph have been met, including
  576  supporting documentation provided by the Department of Revenue.
  577  The student must be currently enrolled in, or begin coursework
  578  within, a program area by fall semester 2000. The exemption is
  579  valid for a period of 4 years after the date that the
  580  postsecondary education institution confirms that the conditions
  581  of this paragraph have been met.
  582         (2)(3) Each community college is authorized to grant
  583  student fee exemptions from all fees adopted by the State Board
  584  of Education and the community college board of trustees for up
  585  to 40 full-time equivalent students at each institution.
  586         Section 12. Section 1009.251, Florida Statutes, is created
  587  to read:
  588         1009.251 STEM Scholarship Program.—
  589         (1) PURPOSE.—The STEM Scholarship Program is created for
  590  students who are accepted and enrolled in an eligible major in
  591  programs of study in the fields of physical science, life
  592  science, computer science, technology, engineering, or
  593  mathematics. The purpose of the STEM Scholarship Program is to
  594  help eligible junior and senior undergraduate students who
  595  demonstrate need and are pursuing eligible majors to meet the
  596  cost of their postsecondary education. The program shall be
  597  administered by the participating institutions in accordance
  598  with rules of the State Board of Education.
  599         (2)DEFINITIONS.—For purposes of this section, the term:
  600         (a) “STEM” means any program of study leading to a
  601  baccalaureate degree in the field of physical, life, or computer
  602  sciences, mathematics, technology, or engineering. Eligible
  603  programs shall be designated by the Department of Education
  604  through the federal Classification of Instructional Programs
  605  Codes in the following areas:
  606         1. Computer science.—The branch of knowledge or study of
  607  computers, including such fields of knowledge or study related
  608  to computer hardware, computer software, computer engineering,
  609  information systems, and robotics.
  610         2. Engineering.—The science by which the properties of
  611  matter and the sources of energy in nature are made useful to
  612  humanity in structures, machines, and products, as in the
  613  construction of engines, bridges, buildings, mines, and chemical
  614  plants, including such fields of knowledge or study related to
  615  aeronautical engineering, chemical engineering, civil
  616  engineering, electrical engineering, industrial engineering,
  617  materials engineering, manufacturing engineering, and mechanical
  618  engineering.
  619         3. Life sciences.—The branch of knowledge or study of
  620  living things, including such fields of knowledge or study
  621  related to biology, biochemistry, biophysics, microbiology,
  622  genetics, physiology, botany, zoology, ecology, and behavioral
  623  biology, except that the term does not encompass the health
  624  professions.
  625         4. Mathematics.—The branch of knowledge or study of numbers
  626  and the systematic treatment of magnitude, relationships between
  627  figures and forms, and relationships between quantities
  628  expressed symbolically, including such fields of knowledge or
  629  study related to statistics, applied mathematics, and operations
  630  research.
  631         5. Natural resources and conservation.—Instructional
  632  programs that focus on the various natural resources and
  633  conservation fields and prepare students for related
  634  occupations.
  635         6. Physical sciences.—The branch of knowledge or study of
  636  the material universe, including such fields of knowledge or
  637  study related to astronomy, atmospheric sciences, chemistry,
  638  earth sciences, ocean sciences, physics, and planetary sciences.
  639         7. Technology.—The application of mechanical or scientific
  640  knowledge, for example, applied science.
  641         8. Multidisciplinary studies related to the areas described
  642  in subparagraphs 1.-7.
  643         (b)“Need” means the difference between the student’s cost
  644  of attendance and the expected family contribution and other
  645  financial resources available to the student to meet this cost.
  646         (c)“Undergraduate” means the student who is in the process
  647  of attaining a first bachelor’s or baccalaureate degree.
  648         (d)“Junior” means a student who has earned between 60 and
  649  89 semester hours, or the equivalent, and has been accepted into
  650  an eligible major.
  651         (e)“Senior” means a student who has earned a minimum of 90
  652  semester hours or the equivalent and has been accepted into an
  653  eligible major.
  654         (3)ELIGIBILITY.—
  655         (a) Grants to students through the program may be made only
  656  to baccalaureate, degree-seeking, Florida residents who are
  657  accepted and enroll in an eligible Florida postsecondary
  658  institution full-time, at least 12 semester hours or the
  659  equivalent per term, and who meet the general requirements for
  660  student eligibility as provided in s. 1009.40, except as
  661  otherwise provided in this section.
  662         1.An eligible student must be enrolled in a state
  663  university or Florida college authorized by Florida law.
  664         2.An eligible student must be enrolled in a program of
  665  study leading to a baccalaureate degree in the field of
  666  physical, life, or computer sciences, mathematics, technology,
  667  or engineering, as specified in paragraph (2)(a).
  668         3. A student applying for a STEM scholarship must apply for
  669  the Pell Grant. The Pell Grant entitlement shall be considered
  670  when conducting an assessment of the financial resources
  671  available to each student. The first priority of funding shall
  672  be given to students having the lowest total family resources
  673  and who demonstrate need by qualifying and receiving federal
  674  Pell Grant funds. The amount of the STEM Scholarship award shall
  675  supplement the Pell Grant amount at least, but not limited to,
  676  up to the full cost of tuition and fees per term, not to exceed
  677  the maximum term award. An institution may not impose additional
  678  criteria to determine a student’s eligibility to receive a grant
  679  award.
  680         4.An initial student must earn a minimum cumulative grade
  681  point average of 2.75 on a 4.0 scale.
  682         5.A renewal student must earn a minimum cumulative grade
  683  point average of 2.75 on a 4.0 scale.
  684         6.A student is eligible to receive an annual STEM
  685  Scholarship award during the student’s junior and senior
  686  academic years in all eligible programs for a maximum of 6
  687  terms.
  688         (b)The eligibility status of each student to receive a
  689  disbursement shall be determined by each institution at the end
  690  of its regular registration period, inclusive of a drop and add
  691  period. Institutions are not be required to reevaluate a
  692  student’s eligibility status after this date for purposes of
  693  changing eligibility determinations previously made.
  694         (4)AWARD AMOUNT.—The annual award amount shall be $1,000
  695  or an amount as specified in the General Appropriations Act.
  696  Funds appropriated by the Legislature shall be allocated by the
  697  Office of Student Financial Assistance. If funds appropriated
  698  are not adequate to provide the maximum allowable award to each
  699  eligible applicant, awards may be paid on a prorated basis.
  700         (5)ISSUANCE OF AWARDS.—The department shall issue awards
  701  from the scholarship program annually. Before the registration
  702  period each semester, the department shall transmit payment for
  703  each award to the president or director of the postsecondary
  704  education institution, or his or her representative, except that
  705  the department may withhold payment if the receiving institution
  706  fails to report or to make refunds to the department as required
  707  in this section. Institutions shall notify students of the
  708  amount of their awards. Each participating institution shall
  709  report to the department by the established date the eligible
  710  students to whom grant moneys are disbursed each academic term.
  711  Each institution shall also report to the department necessary
  712  demographic and eligibility date for such students. Within 30
  713  days after the end of regular registration each semester, the
  714  educational institution shall certify to the department the
  715  eligibility status of each student who receives an award. After
  716  the end of the drop and add period, an institution is not
  717  required to reevaluate or revise a student’s eligibility status.
  718  An institution that receives funds from the program shall
  719  certify to the department the amount of funds disbursed to each
  720  student and shall remit to the department any undisbursed
  721  advances within 60 days after the end of regular registration
  722  and by June 1 of each year.
  723         (6)RULES.—The State Board of Education may establish rules
  724  necessary to administer this section.
  725         (7)IMPLEMENTATION.—This section shall be implemented only
  726  to the extent specifically funded.
  727         Section 13. Subsections (2) and (7) of section 1009.286,
  728  Florida Statutes, are amended to read:
  729         1009.286 Additional student payment for hours exceeding
  730  baccalaureate degree program completion requirements at state
  731  universities.—
  732         (2) State universities shall require a student to pay an
  733  excess hour surcharge equal to 100 50 percent of the tuition
  734  rate for each credit hour in excess of 115 120 percent of the
  735  number of credit hours required to complete the baccalaureate
  736  degree program in which the student is enrolled.
  737         (7) The provisions of this section become effective for
  738  students who enter a community college or a state university for
  739  the first time in the 2011-2012 2009-2010 academic year and
  740  thereafter.
  741         Section 14. Subsection (4) is added to section 1009.55,
  742  Florida Statutes, to read:
  743         1009.55 Rosewood Family Scholarship Program.—
  744         (4) Funding for the program shall be as provided in the
  745  General Appropriations Act.
  746         Section 15. Subsection (7) is added to section 1009.56,
  747  Florida Statutes, to read:
  748         1009.56 Seminole and Miccosukee Indian Scholarships.—
  749         (7) Funding for the program shall be as provided in the
  750  General Appropriations Act.
  751         Section 16. Subsection (3) is added to section 1009.57,
  752  Florida Statutes, to read:
  753         1009.57 Florida Teacher Scholarship and Forgivable Loan
  754  Program.—
  755         (3) Funding for the program shall be as provided in the
  756  General Appropriations Act.
  757         Section 17. Subsection (7) is added to section 1009.60,
  758  Florida Statutes, to read:
  759         1009.60 Minority teacher education scholars program.—There
  760  is created the minority teacher education scholars program,
  761  which is a collaborative performance-based scholarship program
  762  for African-American, Hispanic-American, Asian-American, and
  763  Native American students. The participants in the program
  764  include Florida’s community colleges and its public and private
  765  universities that have teacher education programs.
  766         (7) Funding for the program shall be as provided in the
  767  General Appropriations Act.
  768         Section 18. Subsection (8) is added to section 1009.68,
  769  Florida Statutes, is to read:
  770         1009.68 Florida Minority Medical Education Program.—
  771         (8) Funding for the program shall be as provided in the
  772  General Appropriations Act.
  773         Section 19. Subsection (5) is added to section 1009.69,
  774  Florida Statutes, to read:
  775         1009.69 Virgil Hawkins Fellows Assistance Program.—
  776         (5) Funding for the program shall be as provided in the
  777  General Appropriations Act.
  778         Section 20. Subsection (6) of section 1009.701, Florida
  779  Statutes, is amended to read:
  780         1009.701 First Generation Matching Grant Program.—
  781         (6) The award amount shall be based on the student’s need
  782  assessment after any scholarship or grant aid, including, but
  783  not limited to, a Pell Grant or a Bright Futures Scholarship,
  784  has been applied. The first priority of funding shall be given
  785  to students who demonstrate need by qualifying and receiving
  786  federal Pell Grant funds up to the full cost of tuition and fees
  787  per term. An award may not exceed the institution’s estimated
  788  annual cost of attendance for the student to attend the
  789  institution.
  790         Section 21. Subsection (11) is added to section 1009.73,
  791  Florida Statutes, to read:
  792         1009.73 Mary McLeod Bethune Scholarship Program.—
  793         (11) Funding for the program shall be as provided in the
  794  General Appropriations Act.
  795         Section 22. Subsection (4) is added to section 1009.74,
  796  Florida Statutes, to read:
  797         1009.74 The Theodore R. and Vivian M. Johnson Scholarship
  798  Program.—
  799         (4) Funding for the program shall be as provided in the
  800  General Appropriations Act.
  801         Section 23. Effective upon this act becoming a law,
  802  paragraph (c) of subsection (8) of section 1009.77, Florida
  803  Statutes, is amended, and subsection (11) is added to that
  804  section, to read:
  805         1009.77 Florida Work Experience Program.—
  806         (8) A student is eligible to participate in the Florida
  807  Work Experience Program if the student:
  808         (c) Demonstrates financial need with the first priority of
  809  funding given to students who demonstrate need by qualifying and
  810  receiving federal Pell Grant funds up to the full cost of
  811  tuition and fees per term.
  812         (11) Funding for the program shall be as provided in the
  813  General Appropriations Act.
  814         Section 24. Paragraph (a) of subsection (5) of section
  815  1009.89, Florida Statutes, is amended to read:
  816         1009.89 The William L. Boyd, IV, Florida resident access
  817  grants.—
  818         (5)(a) Funding for the William L. Boyd, IV, Florida
  819  Resident Access Grant Program for eligible institutions shall be
  820  as provided in the General Appropriations Act based on a formula
  821  composed of planned enrollment and the state cost of funding
  822  undergraduate enrollment at public institutions pursuant to s.
  823  1011.90. The amount of the William L. Boyd, IV, Florida resident
  824  access grant issued to a full-time student shall be an amount as
  825  specified in the General Appropriations Act. The William L.
  826  Boyd, IV, Florida resident access grant may be paid on a
  827  prorated basis in advance of the registration period. The
  828  department shall make such payments to the college or university
  829  in which the student is enrolled for credit to the student’s
  830  account for payment of tuition and fees. Institutions shall
  831  certify to the department the amount of funds disbursed to each
  832  student and shall remit to the department any undisbursed
  833  advances or refunds within 60 days of the end of regular
  834  registration. Students shall not be eligible to receive the
  835  award for more than 9 semesters or 14 quarters, except as
  836  otherwise provided in s. 1009.40(3).
  837         Section 25. Subsection (7) of section 1009.891, Florida
  838  Statutes, is amended to read:
  839         1009.891 The Access to Better Learning and Education Grant
  840  Program.—
  841         (7) Funding for the program shall be as provided in the
  842  General Appropriations Act. This section shall be implemented
  843  only to the extent specifically funded and authorized by law.
  844         Section 26. Effective upon this act becoming a law, section
  845  1009.985, Florida Statutes, is created to read:
  846         1009.985Sale of Florida Prepaid College advance payment
  847  contracts suspended.—The sale of new Florida prepaid college
  848  advance payment contracts under the provisions of s. 1009.98
  849  shall be suspended during the 2011-2012 fiscal year, except for
  850  STARS scholarships and additional plan components for existing
  851  participants. Contracts entered into before the effective date
  852  of this section may be continued in accordance with the terms of
  853  the contract.
  854         Section 27. Subsection (13) is added to section 1011.32,
  855  Florida Statutes, to read:
  856         1011.32 Community College Facility Enhancement Challenge
  857  Grant Program.—
  858         (13) Effective July 1, 2011, state matching funds are
  859  temporarily suspended for donations received for the program
  860  after June 30, 2011. Existing eligible donations remain eligible
  861  for future matching funds.
  862         Section 28. Subsection (1) of section 1011.52, Florida
  863  Statutes, is amended to read:
  864         1011.52 Appropriation to first accredited medical school.—
  865         (1) Subject to the provisions hereinafter set forth, the
  866  Legislature may shall provide an annual appropriation to the
  867  first accredited medical school. Payments of moneys from such
  868  appropriation shall be made semiannually at the beginning of the
  869  first and third quarters.
  870         Section 29. Paragraph (c) of subsection (1) of section
  871  1011.61, Florida Statutes, is amended to read:
  872         1011.61 Definitions.—Notwithstanding the provisions of s.
  873  1000.21, the following terms are defined as follows for the
  874  purposes of the Florida Education Finance Program:
  875         (1) A “full-time equivalent student” in each program of the
  876  district is defined in terms of full-time students and part-time
  877  students as follows:
  878         (c)1. A “full-time equivalent student” is:
  879         a. A full-time student in any one of the programs listed in
  880  s. 1011.62(1)(c); or
  881         b. A combination of full-time or part-time students in any
  882  one of the programs listed in s. 1011.62(1)(c) which is the
  883  equivalent of one full-time student based on the following
  884  calculations:
  885         (I) A full-time student, except a postsecondary or adult
  886  student or a senior high school student enrolled in adult
  887  education when such courses are required for high school
  888  graduation, in a combination of programs listed in s.
  889  1011.62(1)(c) shall be a fraction of a full-time equivalent
  890  membership in each special program equal to the number of net
  891  hours per school year for which he or she is a member, divided
  892  by the appropriate number of hours set forth in subparagraph
  893  (a)1. or subparagraph (a)2. The difference between that fraction
  894  or sum of fractions and the maximum value as set forth in
  895  subsection (4) for each full-time student is presumed to be the
  896  balance of the student’s time not spent in such special
  897  education programs and shall be recorded as time in the
  898  appropriate basic program.
  899         (II) A prekindergarten handicapped student shall meet the
  900  requirements specified for kindergarten students.
  901         (III) A full-time equivalent student for students in
  902  kindergarten through grade 5 in a school district virtual
  903  instruction program under s. 1002.45 shall consist of a student
  904  who has successfully completed a basic program listed in s.
  905  1011.62(1)(c)1.a. or b., and who is promoted to a higher grade
  906  level.
  907         (IV) A full-time equivalent student for students in grades
  908  6 through 12 in a school district virtual instruction program
  909  under s. 1002.45(1)(b)1. and 2. shall consist of six full credit
  910  completions in programs listed in s. 1011.62(1)(c)1.b. or c. and
  911  3. Credit completions can be a combination of either full
  912  credits or half credits.
  913         (V) A Florida Virtual School full-time equivalent student
  914  shall consist of six full credit completions in the programs
  915  listed in s. 1011.62(1)(c)1.b. for grades 6 through 8 and the
  916  programs listed in s. 1011.62(1)(c)1.c. for grades 9 through 12.
  917  Credit completions can be a combination of either full credits
  918  or half credits.
  919         (VI) Each successfully completed credit earned under the
  920  alternative high school course credit requirements authorized in
  921  s. 1002.375, which is not reported as a portion of the 900 net
  922  hours of instruction pursuant to subparagraph (1)(a)1., shall be
  923  calculated as 1/6 FTE.
  924         2. A student in membership in a program scheduled for more
  925  or less than 180 school days or the equivalent on an hourly
  926  basis as specified by rules of the State Board of Education is a
  927  fraction of a full-time equivalent membership equal to the
  928  number of instructional hours in membership divided by the
  929  appropriate number of hours set forth in subparagraph (a)1.;
  930  however, for the purposes of this subparagraph, membership in
  931  programs scheduled for more than 180 days is limited to students
  932  enrolled in juvenile justice education programs and the Florida
  933  Virtual School.
  934  
  935  The department shall determine and implement an equitable method
  936  of equivalent funding for experimental schools and for schools
  937  operating under emergency conditions, which schools have been
  938  approved by the department to operate for less than the minimum
  939  school day.
  940         Section 30. Subsections (7) and (10) of section 1011.80,
  941  Florida Statutes, are amended to read:
  942         1011.80 Funds for operation of workforce education
  943  programs.—
  944         (7)(a) A school district or community college that receives
  945  workforce education funds must use the money to benefit the
  946  workforce education programs it provides. The money may be used
  947  for equipment upgrades, program expansions, or any other use
  948  that would result in workforce education program improvement.
  949  The district school board or community college board of trustees
  950  may not withhold any portion of the performance funding for
  951  indirect costs.
  952         (b) Any funds for the operation of postsecondary workforce
  953  programs may not be expended for the education of state or
  954  federal inmates.
  955         (10) A high school student dually enrolled under s.
  956  1007.271 in a workforce education program operated by a
  957  community college or school district career center generates the
  958  amount calculated for workforce education funding, including any
  959  payment of performance funding, and the proportional share of
  960  full-time equivalent enrollment generated through the Florida
  961  Education Finance Program for the student’s enrollment in a high
  962  school. If a high school student is dually enrolled in a
  963  community college program, including a program conducted at a
  964  high school, the community college earns the funds generated for
  965  workforce education funding, and the school district earns the
  966  proportional share of full-time equivalent funding from the
  967  Florida Education Finance Program. If a student is dually
  968  enrolled in a career center operated by the same district as the
  969  district in which the student attends high school, that district
  970  earns the funds generated for workforce education funding and
  971  also earns the proportional share of full-time equivalent
  972  funding from the Florida Education Finance Program. If a student
  973  is dually enrolled in a workforce education program provided by
  974  a career center operated by a different school district, the
  975  funds must be divided between the two school districts
  976  proportionally from the two funding sources. A student may not
  977  be reported for funding in a dual enrollment workforce education
  978  program unless the student has completed the basic skills
  979  assessment pursuant to s. 1004.91. A student who is coenrolled
  980  in a K-12 education program and an adult education program may
  981  not be reported for purposes of funding in an adult education
  982  program.
  983         Section 31. Subsection (3) is added to section 1011.81,
  984  Florida Statutes, to read:
  985         1011.81 Community College Program Fund.—
  986         (3) Any funds that are allocated to a college from the
  987  Community College Program Fund may not be expended for the
  988  education for state or federal inmates.
  989         Section 32. Subsection (2) of section 1011.85, Florida
  990  Statutes, is amended, and subsection (13) is added to that
  991  section, to read:
  992         1011.85 Dr. Philip Benjamin Matching Grant Program for
  993  Community Colleges.—
  994         (2) Each community college board of trustees receiving
  995  state appropriations under this program shall approve each gift
  996  to ensure alignment with the unique mission of the community
  997  college. The board of trustees must link all requests for a
  998  state match to the goals and mission statement. The Florida
  999  Community College Foundation Board receiving state
 1000  appropriations under this program shall approve each gift to
 1001  ensure alignment with its goals and mission statement. Funds
 1002  received from community events, festivals, or other such
 1003  activities are not eligible for state matching funds under this
 1004  program.
 1005         (13) Effective July 1, 2011, state matching funds are
 1006  temporarily suspended for donations received for this program
 1007  after June 30, 2011. Existing eligible donations remain eligible
 1008  for future matching funds.
 1009         Section 33. Subsection (8) is added to section 1011.94,
 1010  Florida Statutes, to read:
 1011         1011.94 University Major Gifts Program.—
 1012         (8) Effective July 1, 2011, state matching funds are
 1013  temporarily suspended for donations received for this program
 1014  after June 30, 2011. Existing eligible donations remain eligible
 1015  for future matching funds.
 1016         Section 34. Subsection (12) is added to section 1013.79,
 1017  Florida Statutes, to read:
 1018         1013.79 University Facility Enhancement Challenge Grant
 1019  Program.—
 1020         (12) Effective July 1, 2011, state matching funds are
 1021  temporarily suspended for donations received for this program
 1022  after June 30, 2011. Existing eligible donations remain eligible
 1023  for future matching funds.
 1024         Section 35. Section 1013.737, Florida Statutes, is amended
 1025  to read:
 1026         1013.737 The Class Size Reduction and Educational
 1027  Facilities Lottery Revenue Bond Program.—There is established
 1028  the Class Size Reduction and Educational Facilities Lottery
 1029  Revenue Bond Program.
 1030         (1) The issuance of revenue bonds is authorized to finance
 1031  or refinance the construction, acquisition, reconstruction, or
 1032  renovation of educational facilities. Such bonds shall be issued
 1033  pursuant to and in compliance with the provisions of s. 11(d),
 1034  Art. VII of the State Constitution, the provisions of the State
 1035  Bond Act, ss. 215.57-215.83, as amended, and the provisions of
 1036  this section.
 1037         (2) The bonds are payable from, and secured by a first lien
 1038  on, the first lottery revenues transferred to the Educational
 1039  Enhancement Trust Fund each fiscal year, as provided by s.
 1040  24.121(2), and do not constitute a general obligation of, or a
 1041  pledge of the full faith and credit of, the state.
 1042         (3) The state hereby covenants with the holders of such
 1043  revenue bonds that it will not take any action that will
 1044  materially and adversely affect the rights of such holders so
 1045  long as bonds authorized by this section are outstanding. The
 1046  state does hereby additionally authorize the establishment of a
 1047  covenant in connection with the bonds which provides that any
 1048  additional funds received by the state from new or enhanced
 1049  lottery programs; video gaming; banking card games, including
 1050  baccarat, chemin de fer, or blackjack; electronic or
 1051  electromechanical facsimiles of any game of chance; casino
 1052  games; slot machines; or other similar activities will first be
 1053  available for payments relating to bonds pledging revenues
 1054  available pursuant to s. 24.121(2), prior to use for any other
 1055  purpose.
 1056         (4) The bonds shall be issued by the Division of Bond
 1057  Finance of the State Board of Administration on behalf of the
 1058  Department of Education in such amount as shall be requested by
 1059  resolution of the State Board of Education. However, the total
 1060  principal amount of bonds, excluding refunding bonds, issued
 1061  pursuant to this section shall not exceed amounts specifically
 1062  authorized in the General Appropriations Act.
 1063         (5) Proceeds available from the sale of the bonds shall be
 1064  deposited in the Lottery Capital Outlay and Debt Service Trust
 1065  Fund within the Department of Education.
 1066         (6) The facilities to be financed with the proceeds of such
 1067  bonds are designated as state fixed capital outlay projects for
 1068  purposes of s. 11(d), Art. VII of the State Constitution, and
 1069  the specific facilities to be financed shall be determined in
 1070  accordance with state law and appropriations from the
 1071  Educational Enhancement Trust Fund. Projects shall be funded
 1072  from the Lottery Capital Outlay and Debt Service Trust Fund.
 1073  Each educational facility to be financed with the proceeds of
 1074  the bonds issued pursuant to this section is hereby approved as
 1075  required by s. 11(f), Art. VII of the State Constitution.
 1076         (7) Any complaint for validation of such bonds is required
 1077  to be filed only in the circuit court of the county where the
 1078  seat of state government is situated. The notice required to be
 1079  published by s. 75.06 is required to be published only in the
 1080  county where the complaint is filed, and the complaint and order
 1081  of the circuit court need be served only on the state attorney
 1082  of the circuit in which the action is pending.
 1083         (8) The Commissioner of Education shall provide for timely
 1084  encumbrances of funds for duly authorized projects. Encumbrances
 1085  may include proceeds to be received under a resolution approved
 1086  by the State Board of Education authorizing issuance of class
 1087  size reduction lottery bonds or educational facilities bonds
 1088  pursuant to s. 11(d), Art. VII of the State Constitution, this
 1089  section, and other applicable law.
 1090         Section 36. The Department of Education shall work with the
 1091  College Center for Library Automation (CCLA) to transfer the
 1092  Sunlink bibliographic database in standard library data format
 1093  to the CCLA for inclusion in its online discovery tool product
 1094  and made publicly searchable by school district students, staff,
 1095  and parents no later than September 1, 2011. The department
 1096  shall also develop an ongoing process to provide for the
 1097  electronic updating of school district library holdings data to
 1098  the CCLA in a manner that will ensure that the public school
 1099  bibliographic database and searchable catalog is current.
 1100         Section 37. The Florida Center for Library Automation
 1101  (FCLA) and the College Center for Library Automation (CCLA)
 1102  shall develop and submit a plan by December 1, 2011, to the
 1103  Executive Office of the Governor and to the chairs of the House
 1104  Appropriations Committee and the Senate Budget Committee for
 1105  establishing a single postsecondary education union catalog that
 1106  includes the combined holdings and electronic resources of all
 1107  the state universities and colleges and that allows a user to
 1108  search these holdings and electronic resources by an individual
 1109  state university or college, selected state universities or
 1110  colleges, or all state universities and colleges. The plan must
 1111  also include the projected costs for the development and ongoing
 1112  maintenance of the postsecondary education union catalog,
 1113  projected cost savings resulting from FCLA and CCLA no longer
 1114  being required to maintain separate online discovery tool
 1115  products and associated resources, and timeline and
 1116  implementation strategies for making the postsecondary education
 1117  union catalog available for use.
 1118         Section 38. By January 1, 2012, the Task Force for the
 1119  Future of Academic Libraries in Florida shall submit a plan to
 1120  the Executive Office of the Governor and to the chairs of the
 1121  House Appropriations Committee and the Senate Budget Committee
 1122  that describes the establishment of a joint library technology
 1123  organizational structure that will meet the needs of academic
 1124  libraries in both the Florida College System and the State
 1125  University System in a manner that must be more cost-effective
 1126  than the current organizational structure that includes the
 1127  Florida Center for Library Automation and the College Center for
 1128  Library Automation. The plan must include the recommended
 1129  governance and reporting structure, staffing, funding, and
 1130  duties and responsibilities of the joint library technology
 1131  organizational structure, and provide recommendations for any
 1132  substantive and fiscal changes needed to establish and fund the
 1133  organizational structure.
 1134         Section 39. Except as otherwise expressly provided in this
 1135  act and except for this section, which shall take effect upon
 1136  this act becoming a law, this act shall take effect July 1,
 1137  2011.