CS for SB 4                                     Second Engrossed
       
       
       
       
       
       
       
       
       20184e2
       
    1                        A bill to be entitled                      
    2         An act relating to higher education; providing a short
    3         title; amending s. 1001.706, F.S.; requiring state
    4         universities to identify internship opportunities in
    5         high-demand fields; revising requirements for state
    6         university accountability plans; requiring state
    7         university boards of trustees to submit a proposal to
    8         improve graduation rates by a specified date;
    9         providing requirements for such proposals; amending s.
   10         1001.7065, F.S.; revising the preeminent state
   11         research universities program graduation rate
   12         requirements and funding distributions; specifying
   13         funding as provided by the Legislature; deleting the
   14         authority for such universities to stipulate a special
   15         course requirement for incoming students; requiring
   16         the Board of Governors to establish certain standards
   17         and make recommendations by a specified date; amending
   18         s. 1001.71, F.S.; revising the membership of
   19         university boards of trustees; amending s. 1001.92,
   20         F.S.; requiring certain performance-based metrics to
   21         include specified graduation rates and access
   22         benchmarks; specifying funding as provided by the
   23         Legislature; creating s. 1004.097, F.S.; providing a
   24         short title; providing definitions; specifying
   25         protected expressive activities; authorizing a person
   26         to engage in expressive activities under certain
   27         circumstances; authorizing a public institution of
   28         higher education to create and enforce certain
   29         restrictions relating to expressive activities on
   30         campus; prohibiting certain actions relating to
   31         expressive activities on campus; providing a cause of
   32         action for violations; amending s. 1004.28, F.S.;
   33         requiring a state university board of trustees to
   34         prescribe certain regulations to limit the services,
   35         activities, and expenses of its direct-support
   36         organizations; providing requirements for transfer of
   37         state appropriations; prohibiting transfer of funds to
   38         certain university direct-support organizations;
   39         requiring the chair of the board of trustees to
   40         appoint at least one representative to the board of
   41         directors and executive committee of a university
   42         direct-support organization; requiring the board of
   43         trustees to approve certain appointments; deleting an
   44         exception to the prohibition against direct-support
   45         organizations donating gifts to a political committee;
   46         requiring the disclosure of certain financial
   47         documents; providing for the future repeal of ss.
   48         1004.33 and 1004.34, F.S., relating to the University
   49         of South Florida St. Petersburg and Sarasota/Manatee,
   50         respectively; creating s. 1004.335, F.S.; creating the
   51         University of South Florida Consolidation Planning
   52         Study and Implementation Task Force for certain
   53         purposes; providing for membership and staffing;
   54         requiring a report to the University of South Florida
   55         Board of Trustees; requiring the University of South
   56         Florida Board of Trustees to adopt and submit a plan
   57         to phase out the separate accreditations of the
   58         University of South Florida St. Petersburg and the
   59         University of South Florida Sarasota/Manatee by a
   60         specified date; providing requirements for such plan;
   61         providing that certain students may not be included in
   62         specified graduation and retention rate calculations;
   63         creating s. 1004.341, F.S.; establishing the St.
   64         Petersburg and Sarasota/Manatee campuses of the
   65         University of South Florida; requiring campus boards
   66         and regional chancellors; establishing membership
   67         requirements and powers and duties of campus boards;
   68         providing budget and reporting requirements for the
   69         University of South Florida Board of Trustees;
   70         requiring faculty and student representation from each
   71         campus in the academic and student governance
   72         structures of the University of South Florida;
   73         amending s. 1004.344; requiring the Florida Center for
   74         the Partnerships for Arts Integrated Teaching to be
   75         located at a certain branch campus; creating s.
   76         1004.6497, F.S.; establishing the World Class Faculty
   77         and Scholar Program; providing purpose and intent;
   78         specifying authorized investments and activities;
   79         specifying funding requirements; requiring an annual
   80         report to the Governor and Legislature; creating s.
   81         1004.6498, F.S.; establishing the State University
   82         Professional and Graduate Degree Excellence Program;
   83         providing purpose; specifying authorized investments;
   84         specifying funding requirements; requiring an annual
   85         report to the Governor and Legislature; amending s.
   86         1008.30, F.S.; authorizing certain state universities
   87         to continue to provide developmental education
   88         instruction; amending ss. 1009.22 and 1009.23, F.S.;
   89         removing the prohibition on the inclusion of certain
   90         technology fees in the funds for the Florida Bright
   91         Futures Scholarship Program award; amending s.
   92         1009.24, F.S.; removing the prohibition on the
   93         inclusion of a technology fee and a tuition
   94         differential fee in the funds for the Florida Bright
   95         Futures Scholarship Program award; specifying
   96         transportation access fees authorized for inclusion in
   97         state financial assistance awards; requiring specified
   98         notification of tuition or fee changes; amending s.
   99         1009.53, F.S.; authorizing students to use certain
  100         Florida Bright Futures Scholarship Program awards for
  101         summer term enrollment beginning in specified years
  102         under certain circumstances; amending s. 1009.534,
  103         F.S.; authorizing Florida Academic Scholars award
  104         amounts to cover tuition, fees, textbooks, and other
  105         educational expenses; amending s. 1009.535, F.S.;
  106         authorizing Florida Medallion Scholars award amounts
  107         to cover specified tuition and fees; amending s.
  108         1009.701, F.S.; revising the state-to-private match
  109         requirement for contributions to the First Generation
  110         Matching Grant Program beginning in a specified fiscal
  111         year; extending the program to include Florida College
  112         System institution students; amending s. 1009.893,
  113         F.S.; extending coverage of the Benacquisto
  114         Scholarship Program to include tuition and fees for
  115         qualified nonresident students; creating s. 1009.894,
  116         F.S.; creating the Florida Farmworker Student
  117         Scholarship Program; providing purpose; requiring the
  118         Department of Education to administer the scholarship
  119         program; providing student eligibility criteria;
  120         specifying award amounts and distributions; amending
  121         s. 1009.98, F.S.; providing that certain payments from
  122         the Florida Prepaid College Board to a state
  123         university on behalf of a qualified beneficiary may
  124         not exceed a specified amount; providing a directive
  125         to the Division of Law Revision and Information;
  126         requiring the Board of Governors, in consultation with
  127         the state universities, to submit recommendations for
  128         a process to achieve a complete performance-based
  129         continuous improvement funding model; requiring the
  130         Legislature to review recommendations from an
  131         independent entity; requiring such entity to consult
  132         with the Board of Governors; requiring legislative
  133         action before implementation of any recommendations;
  134         providing appropriations; providing effective dates.
  135  
  136  Be It Enacted by the Legislature of the State of Florida:
  137  
  138         Section 1. This act may be cited as the “Florida Excellence
  139  in Higher Education Act of 2018.”
  140         Section 2. Paragraphs (b) and (c) of subsection (5) of
  141  section 1001.706, Florida Statutes, are amended, and paragraph
  142  (h) is added to that subsection, to read:
  143         1001.706 Powers and duties of the Board of Governors.—
  144         (5) POWERS AND DUTIES RELATING TO ACCOUNTABILITY.—
  145         (b) The Board of Governors shall develop a strategic plan
  146  specifying goals and objectives for the State University System
  147  and each constituent university, including each university’s
  148  contribution to overall system goals and objectives. The
  149  strategic plan must:
  150         1. Include performance metrics and standards common for all
  151  institutions and metrics and standards unique to institutions
  152  depending on institutional core missions, including, but not
  153  limited to, student admission requirements, retention,
  154  graduation, percentage of graduates who have attained
  155  employment, percentage of graduates enrolled in continued
  156  education, licensure passage, average wages of employed
  157  graduates, average cost per graduate, excess hours, student loan
  158  burden and default rates, faculty awards, total annual research
  159  expenditures, patents, licenses and royalties, intellectual
  160  property, startup companies, annual giving, endowments, and
  161  well-known, highly respected national rankings for institutional
  162  and program achievements.
  163         2. Consider reports and recommendations of the Higher
  164  Education Coordinating Council pursuant to s. 1004.015 and the
  165  Articulation Coordinating Committee pursuant to s. 1007.01.
  166         3. Include student enrollment and performance data
  167  delineated by method of instruction, including, but not limited
  168  to, traditional, online, and distance learning instruction.
  169         4. Include criteria for designating baccalaureate degree
  170  and master’s degree programs at specified universities as high
  171  demand programs of emphasis. Fifty percent of the criteria for
  172  designation as high-demand programs of emphasis must be based on
  173  achievement of performance outcome thresholds determined by the
  174  Board of Governors, and 50 percent of the criteria must be based
  175  on achievement of performance outcome thresholds specifically
  176  linked to:
  177         a. Job placement in employment of 36 hours or more per week
  178  and average full-time wages of graduates of the degree programs
  179  1 year and 5 years after graduation, based in part on data
  180  provided in the economic security report of employment and
  181  earning outcomes produced annually pursuant to s. 445.07.
  182         b. Data-driven gap analyses, conducted by the Board of
  183  Governors, of the state’s job market demands and the outlook for
  184  jobs that require a baccalaureate or higher degree. Each state
  185  university must use the gap analyses to identify internship
  186  opportunities for students to benefit from mentorship by
  187  industry experts, earn industry certifications, and become
  188  employed in high-demand fields.
  189         (c) The Board of Governors shall develop an accountability
  190  plan for the State University System and each constituent
  191  university. The accountability plan must address institutional
  192  and system achievement of goals and objectives specified in the
  193  strategic plan adopted pursuant to paragraph (b) and must be
  194  submitted as part of its legislative budget request. Each
  195  university shall submit, as a component of the university’s
  196  annual accountability plan, information on the effectiveness of
  197  its plan for improving 4-year graduation rates and the level of
  198  financial assistance provided to students pursuant to paragraph
  199  (h).
  200         (h) By June 1, 2018, each university board of trustees
  201  shall submit a comprehensive proposal to improve undergraduate
  202  4-year graduation rates to the Board of Governors for
  203  implementation beginning in the fall 2018 academic semester. The
  204  proposal must:
  205         1. Identify academic, financial, policy, and curricular
  206  incentives and disincentives for timely graduation.
  207         2. Outline the implementation of a proactive financial aid
  208  program to enable full-time students with financial need to take
  209  at least 15 credit hours in the fall and spring semesters.
  210         3. Include assurances that there will be no increased cost
  211  to students.
  212         Section 3. Paragraph (d) of subsection (2), paragraph (c)
  213  of subsection (5), and subsections (6), (7), and (8) of section
  214  1001.7065, Florida Statutes, are amended to read:
  215         1001.7065 Preeminent state research universities program.—
  216         (2) ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—The
  217  following academic and research excellence standards are
  218  established for the preeminent state research universities
  219  program:
  220         (d) A 4-year graduation rate of 60 percent or higher for
  221  full-time, first-time-in-college students, as reported annually
  222  to the IPEDS. However, for the 2018 determination of a state
  223  university’s preeminence designation and the related
  224  distribution of the 2018-2019 fiscal year appropriation
  225  associated with preeminence and emerging preeminence, a
  226  university is considered to have satisfied this graduation rate
  227  measure by attaining a 6-year graduation rate of 70 percent or
  228  higher by October 1, 2017, for full-time, first-time-in-college
  229  students, as reported annually to the IPEDS and confirmed by the
  230  Board of Governors.
  231         (5) PREEMINENT STATE RESEARCH UNIVERSITIES PROGRAM
  232  SUPPORT.—
  233         (c) The award of funds under this subsection is contingent
  234  upon funding provided by the Legislature in the General
  235  Appropriations Act to support the preeminent state research
  236  universities program created under this section. Funding
  237  increases appropriated beyond the amounts funded in the previous
  238  fiscal year shall be distributed as follows:
  239         1. Each designated preeminent state research university
  240  that meets the criteria in paragraph (a) shall receive an equal
  241  amount of funding.
  242         2. Each designated emerging preeminent state research
  243  university that meets the criteria in paragraph (b) shall,
  244  beginning in the 2018-2019 fiscal year, receive an amount of
  245  funding that is equal to one-fourth one-half of the total
  246  increased amount awarded to each designated preeminent state
  247  research university.
  248         (6) PREEMINENT STATE RESEARCH UNIVERSITY SPECIAL COURSE
  249  REQUIREMENT AUTHORITY.—In order to provide a jointly shared
  250  educational experience, a university that is designated a
  251  preeminent state research university may require its incoming
  252  first-time-in-college students to take a six-credit set of
  253  unique courses specifically determined by the university and
  254  published on the university’s website. The university may
  255  stipulate that credit for such courses may not be earned through
  256  any acceleration mechanism pursuant to s. 1007.27 or s. 1007.271
  257  or any other transfer credit. All accelerated credits earned up
  258  to the limits specified in ss. 1007.27 and 1007.271 shall be
  259  applied toward graduation at the student’s request.
  260         (6)(7) PREEMINENT STATE RESEARCH UNIVERSITY FLEXIBILITY
  261  AUTHORITY.—The Board of Governors is encouraged to identify and
  262  grant all reasonable, feasible authority and flexibility to
  263  ensure that each designated preeminent state research university
  264  and each designated emerging preeminent state research
  265  university is free from unnecessary restrictions.
  266         (7)(8) PROGRAMS OF EXCELLENCE THROUGHOUT THE STATE
  267  UNIVERSITY SYSTEM.—The Board of Governors shall is encouraged to
  268  establish standards and measures whereby individual
  269  undergraduate, graduate, and professional degree programs in
  270  state universities which that objectively reflect national
  271  excellence can be identified and make recommendations to the
  272  Legislature by September 1, 2018, as to how any such programs
  273  could be enhanced and promoted.
  274         Section 4. Subsection (1) of section 1001.71, Florida
  275  Statutes, is amended to read:
  276         1001.71 University boards of trustees; membership.—
  277         (1) Pursuant to s. 7(c), Art. IX of the State Constitution,
  278  each local constituent university shall be administered by a
  279  university board of trustees comprised of 13 members as follows:
  280  6 citizen members appointed by the Governor subject to
  281  confirmation by the Senate; 5 citizen members appointed by the
  282  Board of Governors subject to confirmation by the Senate; the
  283  chair of the faculty senate or the equivalent; and the president
  284  of the student body of the university. The appointed members
  285  shall serve staggered 5-year terms. In order to achieve
  286  staggered terms, beginning July 1, 2003, of the initial
  287  appointments by the Governor, 2 members shall serve 2-year
  288  terms, 3 members shall serve 3-year terms, and 1 member shall
  289  serve a 5-year term and of the initial appointments by the Board
  290  of Governors, 2 members shall serve 2-year terms, 2 members
  291  shall serve 3-year terms, and 1 member shall serve a 5-year
  292  term. There shall be no state residency requirement for
  293  university board members, but the Governor and the Board of
  294  Governors shall consider diversity and regional representation.
  295  Beginning July 2, 2020, for purposes of this subsection,
  296  regional representation shall include the chair of a campus
  297  board established pursuant to s. 1004.341. 
  298         Section 5. Subsections (1), (2), and (4) of section
  299  1001.92, Florida Statutes, are amended to read:
  300         1001.92 State University System Performance-Based
  301  Incentive.—
  302         (1) A State University System Performance-Based Incentive
  303  shall be awarded to state universities using performance-based
  304  metrics adopted by the Board of Governors of the State
  305  University System. Beginning with the Board of Governors’
  306  determination of each university’s performance improvement and
  307  achievement ratings for 2018, and the related distribution of
  308  the 2018-2019 fiscal year appropriation, the performance-based
  309  metrics must include 4-year graduation rates; retention rates;
  310  postgraduation education rates; degree production;
  311  affordability; postgraduation employment and salaries, including
  312  wage thresholds that reflect the added value of a baccalaureate
  313  degree; access rate, based on the percentage of undergraduate
  314  students enrolled during the fall term who received a Pell Grant
  315  during the fall term; and other metrics approved by the board in
  316  a formally noticed meeting. The board shall adopt benchmarks to
  317  evaluate each state university’s performance on the metrics to
  318  measure the state university’s achievement of institutional
  319  excellence or need for improvement and minimum requirements for
  320  eligibility to receive performance funding. Access rate
  321  benchmarks must be differentiated and scored to reflect the
  322  varying access rate levels among the state universities;
  323  however, the scoring system may not include bonus points.
  324         (2) Each fiscal year, the amount of funds available for
  325  allocation to the state universities based on the performance
  326  based funding model shall consist of the state’s investment in
  327  performance funding plus institutional investments consisting of
  328  funds deducted from the base funding of each state university in
  329  the State University System in an amount provided by the
  330  Legislature in the General Appropriations Act. The Board of
  331  Governors shall establish minimum performance funding
  332  eligibility thresholds for the state’s investment and the
  333  institutional investments. A state university that meets the
  334  minimum institutional investment eligibility threshold, but
  335  fails to meet the minimum state investment eligibility
  336  threshold, shall have its institutional investment restored but
  337  is ineligible for a share of the state’s investment in
  338  performance funding. The institutional investment shall be
  339  restored for each institution eligible for the state’s
  340  investment under the performance-based funding model.
  341         (4) Distributions of performance funding, as provided in
  342  this section, shall be made by the Legislature to each of the
  343  state universities listed in the Education and General
  344  Activities category in the General Appropriations Act.
  345         Section 6. Section 1004.097, Florida Statutes, is created
  346  to read:
  347         1004.097 Free expression on campus.—
  348         (1) SHORT TITLE.—This section may be cited as the “Campus
  349  Free Expression Act.”
  350         (2) DEFINITIONS.—As used in this section, the term:
  351         (a) “Commercial speech” means speech in which the
  352  individual is engaged in commerce, the intended audience is
  353  commercial or actual or potential consumers, and the content of
  354  the message is commercial.
  355         (b) “Free-speech zone” means an area on a campus of a
  356  public institution of higher education which is designated for
  357  the purpose of engaging in expressive activities.
  358         (c) “Material and substantial disruption” means any conduct
  359  that intentionally and significantly hinders another person’s or
  360  group’s expressive rights. The term does not include conduct
  361  that is protected under the First Amendment to the United States
  362  Constitution and Art. I of the State Constitution, including,
  363  but not limited to, lawful protests and counter-protests in the
  364  outdoor areas of campus or minor, brief, or fleeting nonviolent
  365  disruptions that are isolated or brief in duration.
  366         (d) “Outdoor areas of campus” means generally accessible
  367  areas of a campus of a public institution of higher education in
  368  which members of the campus community are commonly allowed,
  369  including grassy areas, walkways, or other similar common areas.
  370  The term does not include outdoor areas of campus to which
  371  access is restricted.
  372         (e) “Public institution of higher education” means any
  373  public technical center, state college, state university, law
  374  school, medical school, dental school, or other Florida College
  375  System institution as defined in s. 1000.21.
  376         (3) RIGHT TO FREE-SPEECH ACTIVITIES.—
  377         (a) Expressive activities protected under the First
  378  Amendment to the United States Constitution and Art. I of the
  379  State Constitution include, but are not limited to, any lawful
  380  oral or written communication of ideas, including all forms of
  381  peaceful assembly, protests, and speeches; distributing
  382  literature; carrying signs; circulating petitions; and the
  383  recording and publication, including the Internet publication,
  384  of video or audio recorded in outdoor areas of campus.
  385  Expressive activities protected by this section do not include
  386  commercial speech.
  387         (b) A person who wishes to engage in an expressive activity
  388  in outdoor areas of campus may do so freely, spontaneously, and
  389  contemporaneously as long as the person’s conduct is lawful and
  390  does not materially and substantially disrupt the functioning of
  391  the public institution of higher education or infringe upon the
  392  rights of other individuals or organizations to engage in
  393  expressive activities.
  394         (c) Outdoor areas of campus are considered traditional
  395  public forums for individuals, organizations, and guest
  396  speakers. A public institution of higher education may create
  397  and enforce restrictions that are reasonable and content-neutral
  398  on time, place, and manner of expression and that are narrowly
  399  tailored to a significant institutional interest. Restrictions
  400  must be clear and published and must and provide for ample
  401  alternative means of expression.
  402         (d) A public institution of higher education may not
  403  designate any area of campus as a free-speech zone or otherwise
  404  create policies restricting expressive activities to a
  405  particular outdoor area of campus, except as provided in
  406  paragraph (c).
  407         (e) Students, faculty, or staff of a public institution of
  408  higher education may not materially disrupt previously scheduled
  409  or reserved activities on campus occurring at the same time.
  410         (4) CAUSE OF ACTION.—A person whose expressive rights are
  411  violated by an action prohibited under this section may bring an
  412  action against a public institution of higher education in a
  413  court of competent jurisdiction to obtain declaratory and
  414  injunctive relief, reasonable court costs, and attorney fees.
  415         Section 7. Subsections (2), (3), and (4) and paragraph (b)
  416  of subsection (5) of section 1004.28, Florida Statutes, are
  417  amended to read:
  418         1004.28 Direct-support organizations; use of property;
  419  board of directors; activities; audit; facilities.—
  420         (2) USE OF PROPERTY.—
  421         (a) Each state university board of trustees is authorized
  422  to permit the use of property, facilities, and personal services
  423  at any state university by any university direct-support
  424  organization, and, subject to the provisions of this section,
  425  direct-support organizations may establish accounts with the
  426  State Board of Administration for investment of funds pursuant
  427  to part IV of chapter 218.
  428         (b) The board of trustees, in accordance with regulations
  429  rules and guidelines of the Board of Governors, shall prescribe
  430  by regulation rule conditions with which a university direct
  431  support organization must comply in order to use property,
  432  facilities, or personal services at any state university,
  433  including that personal services must comply with s. 1012.976.
  434  Such regulations rules shall provide for budget and audit review
  435  and oversight by the board of trustees, including thresholds for
  436  approval of purchases, acquisitions, projects, and issuance of
  437  debt. No later than July 1, 2019, the transfer of a state
  438  appropriation by the board of trustees to any direct-support
  439  organization may only include funds pledged for capital
  440  projects. Beginning July 1, 2019, and annually thereafter, each
  441  university board of trustees shall report to the Legislature the
  442  amount of state appropriations transferred to any direct-support
  443  organization during the previous fiscal year, the purpose for
  444  which the funds were transferred, and the remaining balance of
  445  any funds transferred.
  446         (c) The board of trustees may not transfer any funds to and
  447  shall not permit the use of property, facilities, or personal
  448  services at any state university by any university direct
  449  support organization that does not provide equal employment
  450  opportunities to all persons regardless of race, color,
  451  religion, gender, age, or national origin.
  452         (d) The board of trustees may not permit the use of state
  453  funds for travel expenses by any university direct-support
  454  organization.
  455         (3) BOARD OF DIRECTORS.—The chair of the university board
  456  of trustees shall may appoint at least one a representative to
  457  the board of directors and the executive committee of any
  458  direct-support organization established under this section. The
  459  president of the university for which the direct-support
  460  organization is established, or his or her designee, shall also
  461  serve on the board of directors and the executive committee of
  462  any direct-support organization established to benefit that
  463  university. The university board of trustees shall approve all
  464  appointments to any direct-support organization not authorized
  465  by this subsection.
  466         (4) ACTIVITIES; RESTRICTION.—A university direct-support
  467  organization is prohibited from giving, either directly or
  468  indirectly, any gift to a political committee as defined in s.
  469  106.011 for any purpose other than those certified by a majority
  470  roll call vote of the governing board of the direct-support
  471  organization at a regularly scheduled meeting as being directly
  472  related to the educational mission of the university.
  473         (5) ANNUAL AUDIT; PUBLIC RECORDS EXEMPTION; PUBLIC MEETINGS
  474  EXEMPTION.—
  475         (b) All records of the organization Other than the
  476  auditor’s report, management letter, any records related to the
  477  expenditure of state funds, and any financial records related to
  478  the expenditure of private funds for travel, all records of the
  479  organization and any supplemental data requested by the Board of
  480  Governors, the university board of trustees, the Auditor
  481  General, and the Office of Program Policy Analysis and
  482  Government Accountability shall be confidential and exempt from
  483  s. 119.07(1).
  484         Section 8. Effective July 1, 2020, sections 1004.33 and
  485  1004.34, Florida Statutes, are repealed.
  486         Section 9. Section 1004.335, Florida Statutes, is created
  487  to read:
  488         1004.335 Accreditation consolidation of University of South
  489  Florida branch campuses.—
  490         (1) The University of South Florida Consolidation Planning
  491  Study and Implementation Task Force is established to develop
  492  recommendations to improve service to students by phasing out
  493  the separate accreditation of the University of South Florida
  494  St. Petersburg and the University of South Florida
  495  Sarasota/Manatee, which were conferred by the Southern
  496  Association of Colleges and Schools Commission on Colleges
  497  (SACSCOC) pursuant to ss. 1004.33 and 1004.34, respectively.
  498         (2) The task force shall consist of the following members:
  499         (a) One member appointed by the chair of the Board of
  500  Governors who will serve as chair;
  501         (b) Two members appointed by the President of the Senate;
  502         (c) Two members appointed by the Speaker of the House of
  503  Representatives;
  504         (d) Two members appointed by the chair of the University of
  505  South Florida board of trustees;
  506         (e) One member appointed by the chair of the campus board
  507  of the University of South Florida St. Petersburg;
  508         (f) One member appointed by the chair of the campus board
  509  of the University of South Florida Sarasota/Manatee; 
  510         (g) The regional chancellor of the University of South
  511  Florida St. Petersburg;
  512         (h) The regional chancellor of the University of South
  513  Florida Sarasota/Manatee;
  514         (i) The president of the University of South Florida or his
  515  or her designee; and
  516         (j) One student member appointed by the University of South
  517  Florida Alumni Association.
  518         (3) The Board of Trustees shall assign personnel from each
  519  campus to staff the task force. The chair of the task force may
  520  consult experts in university mergers and consolidations to
  521  assist the task force in developing recommendations.
  522         (4) No later than February 15, 2019, the task force must
  523  submit a report to the University of South Florida Board of
  524  Trustees which includes, at a minimum, recommendations on the
  525  following:
  526         (a) Identification of specific degrees in programs of
  527  strategic significance, including health care, science,
  528  technology, engineering, mathematics, and other program
  529  priorities to be offered at the University of South Florida St.
  530  Petersburg and the University of South Florida Sarasota/Manatee
  531  and the timeline for the development and delivery of programs on
  532  each campus;
  533         (b) Maintaining the unique identity of each campus and an
  534  assessment of whether a separate educational mission is
  535  beneficial to the future of each campus;
  536         (c) Maintaining faculty input from all campuses during the
  537  review and development of general education requirements to
  538  reflect the distinctive identity of each campus;
  539         (d) Developing the research capacity at each campus;
  540         (e) Equitable distribution of programs and resources to
  541  establish pathways to admission for all students who require
  542  bridge programming and financial aid; and
  543         (f) Establishing budget transparency and accountability
  544  regarding the review and approval of student fees among
  545  campuses, including fee differentials and athletic fees, to
  546  enable the identification of the equitable distribution of
  547  resources to each campus, including the University of South
  548  Florida Health.
  549         (g) Developing and delivering integrated academic programs,
  550  student and faculty governance, and administrative services to
  551  better serve the students, faculty, and staff at the University
  552  of South Florida College of Marine Science, the University of
  553  South Florida Sarasota/Manatee, and the University of South
  554  Florida St. Petersburg.
  555         (5) No later than March 15, 2019, the Board of Trustees of
  556  the University of South Florida, after considering the
  557  recommendations of the task force, must adopt and submit to the
  558  Board of Governors an implementation plan that:
  559         (a) Establishes a timeline for each step that is necessary
  560  to terminate the separate accreditation for each campus no later
  561  than June 30, 2020, so that there is no lapse in institutional
  562  accreditation for any campus during the phasing-out process.
  563         (b) Minimizes disruption to students attending any
  564  University of South Florida campus so that the consolidation of
  565  SACSCOC accreditation does not impede a student’s ability to
  566  graduate within 4 years after initial first-time-in-college
  567  enrollment.
  568         (c) Requires that, on or before July 1, 2020, the entirety
  569  of the University of South Florida, including all campuses and
  570  other component units of the university, operate under a single
  571  institutional accreditation from the SACSCOC.
  572         (d) Requires that, on each regularly scheduled submission
  573  date subsequent to July 1, 2020, the University of South Florida
  574  report consolidated data for all of the university’s campuses
  575  and students to the Integrated Postsecondary Education Data
  576  System and to the Board of Governors. The Board of Governors
  577  shall use the consolidated data for purposes of determining
  578  eligibility for funding pursuant to ss. 1001.7065 and 1001.92.
  579         (6) Notwithstanding ss. 1001.7065 and 1001.92 or any Board
  580  of Governors regulation to the contrary relating to the
  581  calculation of graduation rates and retention rates, a student
  582  who meets all of the following criteria may not be counted by
  583  the Board of Governors when calculating or confirming the
  584  graduation rate or the retention rate of the University of South
  585  Florida under those sections:
  586         (a) The student was admitted to and initially enrolled
  587  before the spring 2020 semester as a first-time-in-college
  588  student at the University of South Florida St. Petersburg or the
  589  University of South Florida Sarasota/Manatee.
  590         (b) The student voluntarily disenrolled from all University
  591  of South Florida campuses without graduating before the date of
  592  termination of the separate SACSCOC accreditation of his or her
  593  admitting campus.
  594         (7) This section expires July 1, 2020.
  595         Section 10. Effective July 2, 2020, section 1004.341,
  596  Florida Statutes, is created to read:
  597         1004.341 University of South Florida campuses.—
  598         (1) The St. Petersburg and Sarasota/Manatee campuses of the
  599  University of South Florida are hereby established.
  600         (a) The St. Petersburg campus of the University of South
  601  Florida shall be known as the “University of South Florida St.
  602  Petersburg” and shall include any college of the University of
  603  South Florida which is headquartered or primarily located in
  604  Pinellas County.
  605         (b) The Sarasota/Manatee campus of the University of South
  606  Florida shall be known as the “University of South Florida
  607  Sarasota/Manatee” and shall include any college of the
  608  University of South Florida which is headquartered or primarily
  609  located in Sarasota County or Manatee County.
  610         (2) The University of South Florida St. Petersburg and the
  611  University of South Florida Sarasota/Manatee shall each have a
  612  campus board and a regional chancellor. The Chair of the Board
  613  of Trustees of the University of South Florida, based upon
  614  recommendations of the President of the University of South
  615  Florida, shall appoint:
  616         (a) Seven residents of Pinellas County to serve 4-year
  617  staggered terms on the Campus Board of the University of South
  618  Florida St. Petersburg. A member of the Board of Trustees of the
  619  University of South Florida who resides in Pinellas County shall
  620  jointly serve as a member of the Board of Trustees and as chair
  621  of the campus board. The chair of the faculty senate or the
  622  equivalent and the president of the student body of the campus
  623  shall serve as ex officio members.
  624         (b) Four residents of Manatee County and three residents of
  625  Sarasota County to serve 4-year staggered terms on the Campus
  626  Board of the University of South Florida Sarasota/Manatee. A
  627  member of the Board of Trustees of the University of South
  628  Florida who resides in Manatee County or Sarasota County shall
  629  be selected by the Chair of the Board of Trustees of the
  630  University of South Florida to serve jointly as a member of the
  631  Board of Trustees and as chair of the campus board. The chair of
  632  the faculty senate or the equivalent and the president of the
  633  student body of the campus shall serve as ex officio members.
  634  
  635  The Board of Trustees may reappoint a member to the campus
  636  board, other than the chair, for one additional term.
  637         (3) Each campus board has the powers and duties provided by
  638  law, which include the authority to approve and submit an annual
  639  operating plan, budget, and legislative budget request to the
  640  Board of Trustees of the University of South Florida.
  641         (4) The Board of Trustees shall publish and approve an
  642  annual operating budget for each campus and a report on the
  643  distribution of funds, including student tuition and fees,
  644  preeminence funding, and performance-based funding, provided to
  645  each campus.
  646         (5) The Board of Trustees must publish on its website a
  647  biennial regional impact report, beginning July 1, 2021, which
  648  details the specific increased investments in university
  649  programs located in Pinellas, Manatee, and Sarasota Counties.
  650  The report shall include, at a minimum, trend information
  651  related to access to new degree programs for students in those
  652  counties, any changes in student enrollment and outcomes at each
  653  campus located in those counties, increased research conducted
  654  and research infrastructure added in those counties, and any
  655  fixed capital outlay projects or property acquisitions planned
  656  or completed in those counties.
  657         (6) The faculty and students at each campus shall be
  658  represented in the academic and student governance structures of
  659  the University of South Florida as determined by the Board of
  660  Trustees. 
  661         Section 11. Subsection (1) of section 1004.344, Florida
  662  Statutes, is amended to read:
  663         1004.344 The Florida Center for the Partnerships for Arts
  664  Integrated Teaching.—
  665         (1) The Florida Center for the Partnerships for Arts
  666  Integrated Teaching is created within the University of South
  667  Florida and shall be physically headquartered at the University
  668  of South Florida Sarasota/Manatee.
  669         Section 12. Section 1004.6497, Florida Statutes, is created
  670  to read:
  671         1004.6497 World Class Faculty and Scholar Program.—
  672         (1) PURPOSE AND LEGISLATIVE INTENT.—The World Class Faculty
  673  and Scholar Program is established to fund and support the
  674  efforts of state universities to recruit and retain exemplary
  675  faculty and research scholars. It is the intent of the
  676  Legislature to elevate the national competitiveness of Florida’s
  677  state universities through faculty and scholar recruitment and
  678  retention.
  679         (2) INVESTMENTS.—Retention, recruitment, and recognition
  680  efforts, activities, and investments may include, but are not
  681  limited to, investments in research-centric cluster hires,
  682  faculty research and research commercialization efforts,
  683  instructional and research infrastructure, undergraduate student
  684  participation in research, professional development, awards for
  685  outstanding performance, and postdoctoral fellowships.
  686         (3) FUNDING AND USE.—Funding for the program shall be as
  687  provided by the Legislature. Each state university shall use the
  688  funds only for the purpose and investments authorized under this
  689  section. These funds may not be used to construct buildings.
  690         (4) ACCOUNTABILITY.—By March 15 of each year, the Board of
  691  Governors shall provide to the Governor, the President of the
  692  Senate, and the Speaker of the House of Representatives a report
  693  summarizing information from the universities in the State
  694  University System, including, but not limited to:
  695         (a) Specific expenditure information as it relates to the
  696  investments identified in subsection (2).
  697         (b) The impact of those investments in elevating the
  698  national competitiveness of the universities, specifically
  699  relating to:
  700         1. The success in recruiting research faculty and the
  701  resulting research funding;
  702         2. The 4-year graduation rate for undergraduate students;
  703         3. The number of undergraduate courses offered with fewer
  704  than 50 students; and
  705         4. The increase in national academic standing of targeted
  706  programs, specifically advancement in ranking of the targeted
  707  programs among top 50 universities in well-known and highly
  708  respected national public university rankings, including, but
  709  not limited to, the U.S. News and World Report rankings, which
  710  reflect national preeminence, using the most recent rankings.
  711         Section 13. Section 1004.6498, Florida Statutes, is created
  712  to read:
  713         1004.6498 State University Professional and Graduate Degree
  714  Excellence Program.—
  715         (1) PURPOSE.—The State University Professional and Graduate
  716  Degree Excellence Program is established to fund and support the
  717  efforts of state universities to enhance the quality and
  718  excellence of professional and graduate schools and degree
  719  programs in medicine, law, and business and expand the economic
  720  impact of state universities.
  721         (2) INVESTMENTS.—Quality improvement efforts may include,
  722  but are not limited to, targeted investments in faculty,
  723  students, research, infrastructure, and other strategic
  724  endeavors to elevate the national and global prominence of state
  725  university medicine, law, and graduate-level business programs.
  726         (3) FUNDING AND USE.—Funding for the program shall be as
  727  provided by the Legislature. Each state university shall use the
  728  funds only for the purpose and investments authorized under this
  729  section. These funds may not be used to construct buildings.
  730         (4) ACCOUNTABILITY.—By March 15 of each year, the Board of
  731  Governors shall provide to the Governor, the President of the
  732  Senate, and the Speaker of the House of Representatives a report
  733  summarizing information from the universities in the State
  734  University System, including, but not limited to:
  735         (a) Specific expenditure information as it relates to the
  736  investments identified in subsection (2).
  737         (b) The impact of those investments in elevating the
  738  national and global prominence of the state university medicine,
  739  law, and graduate-level business programs, specifically relating
  740  to:
  741         1. The first-time pass rate on the United States Medical
  742  Licensing Examination;
  743         2. The first-time pass rate on The Florida Bar Examination;
  744         3. The percentage of graduates enrolled or employed at a
  745  wage threshold that reflects the added value of a graduate-level
  746  business degree;
  747         4. The advancement in the rankings of the state university
  748  medicine, law, and graduate-level programs in well-known and
  749  highly respected national graduate-level university rankings,
  750  including, but not limited to, the U.S. News and World Report
  751  rankings, which reflect national preeminence, using the most
  752  recent rankings; and
  753         5. The added economic benefit of the universities to the
  754  state.
  755         Section 14. Paragraph (c) of subsection (5) of section
  756  1008.30, Florida Statutes, is amended to read:
  757         1008.30 Common placement testing for public postsecondary
  758  education.—
  759         (5)
  760         (c) A university board of trustees may contract with a
  761  Florida College System institution board of trustees for the
  762  Florida College System institution to provide developmental
  763  education on the state university campus. Any state university
  764  in which the percentage of incoming students requiring
  765  developmental education equals or exceeds the average percentage
  766  of such students for the Florida College System may offer
  767  developmental education without contracting with a Florida
  768  College System institution; however, any state university
  769  offering college-preparatory instruction as of January 1, 1996,
  770  may continue to provide developmental education instruction as
  771  defined in s. 1008.02(1) such services.
  772         Section 15. Subsection (7) of section 1009.22, Florida
  773  Statutes, is amended to read:
  774         1009.22 Workforce education postsecondary student fees.—
  775         (7) Each district school board and Florida College System
  776  institution board of trustees is authorized to establish a
  777  separate fee for technology, not to exceed 5 percent of tuition
  778  per credit hour or credit-hour equivalent for resident students
  779  and not to exceed 5 percent of tuition and the out-of-state fee
  780  per credit hour or credit-hour equivalent for nonresident
  781  students. Revenues generated from the technology fee shall be
  782  used to enhance instructional technology resources for students
  783  and faculty and shall not be included in any award under the
  784  Florida Bright Futures Scholarship Program. Fifty percent of
  785  technology fee revenues may be pledged by a Florida College
  786  System institution board of trustees as a dedicated revenue
  787  source for the repayment of debt, including lease-purchase
  788  agreements, not to exceed the useful life of the asset being
  789  financed. Revenues generated from the technology fee may not be
  790  bonded.
  791         Section 16. Subsection (10) of section 1009.23, Florida
  792  Statutes, is amended to read:
  793         1009.23 Florida College System institution student fees.—
  794         (10) Each Florida College System institution board of
  795  trustees is authorized to establish a separate fee for
  796  technology, which may not exceed 5 percent of tuition per credit
  797  hour or credit-hour equivalent for resident students and may not
  798  exceed 5 percent of tuition and the out-of-state fee per credit
  799  hour or credit-hour equivalent for nonresident students.
  800  Revenues generated from the technology fee shall be used to
  801  enhance instructional technology resources for students and
  802  faculty. The technology fee may apply to both college credit and
  803  developmental education and shall not be included in any award
  804  under the Florida Bright Futures Scholarship Program. Fifty
  805  percent of technology fee revenues may be pledged by a Florida
  806  College System institution board of trustees as a dedicated
  807  revenue source for the repayment of debt, including lease
  808  purchase agreements, not to exceed the useful life of the asset
  809  being financed. Revenues generated from the technology fee may
  810  not be bonded.
  811         Section 17. Subsection (13), paragraph (r) of subsection
  812  (14), paragraphs (a), (b), and (e) of subsection (16), and
  813  subsection (20) of section 1009.24, Florida Statutes, are
  814  amended to read:
  815         1009.24 State university student fees.—
  816         (13) Each university board of trustees may establish a
  817  technology fee of up to 5 percent of the tuition per credit
  818  hour. The revenue from this fee shall be used to enhance
  819  instructional technology resources for students and faculty. The
  820  technology fee may not be included in any award under the
  821  Florida Bright Futures Scholarship Program established pursuant
  822  to ss. 1009.53-1009.538.
  823         (14) Except as otherwise provided in subsection (15), each
  824  university board of trustees is authorized to establish the
  825  following fees:
  826         (r) Traffic and parking fines, charges for parking decals,
  827  and transportation access fees. Only universitywide
  828  transportation access fees may be included in any state
  829  financial assistance award authorized under part III of this
  830  chapter, as specifically authorized by law or the General
  831  Appropriations Act.
  832  
  833  With the exception of housing rental rates and except as
  834  otherwise provided, fees assessed pursuant to paragraphs (h)-(s)
  835  shall be based on reasonable costs of services. The Board of
  836  Governors shall adopt regulations and timetables necessary to
  837  implement the fees and fines authorized under this subsection.
  838  The fees assessed under this subsection may be used for debt
  839  only as authorized under s. 1010.62.
  840         (16) Each university board of trustees may establish a
  841  tuition differential for undergraduate courses upon receipt of
  842  approval from the Board of Governors. However, beginning July 1,
  843  2014, the Board of Governors may only approve the establishment
  844  of or an increase in tuition differential for a state research
  845  university designated as a preeminent state research university
  846  pursuant to s. 1001.7065(3). The tuition differential shall
  847  promote improvements in the quality of undergraduate education
  848  and shall provide financial aid to undergraduate students who
  849  exhibit financial need.
  850         (a) Seventy percent of the revenues from the tuition
  851  differential shall be expended for purposes of undergraduate
  852  education. Such expenditures may include, but are not limited
  853  to, increasing course offerings, improving graduation rates,
  854  increasing the percentage of undergraduate students who are
  855  taught by faculty, decreasing student-faculty ratios, providing
  856  salary increases for faculty who have a history of excellent
  857  teaching in undergraduate courses, improving the efficiency of
  858  the delivery of undergraduate education through academic
  859  advisement and counseling, and reducing the percentage of
  860  students who graduate with excess hours. This expenditure for
  861  undergraduate education may not be used to pay the salaries of
  862  graduate teaching assistants. Except as otherwise provided in
  863  this subsection, the remaining 30 percent of the revenues from
  864  the tuition differential, or the equivalent amount of revenue
  865  from private sources, shall be expended to provide financial aid
  866  to undergraduate students who exhibit financial need, including
  867  students who are scholarship recipients under s. 1009.984, to
  868  meet the cost of university attendance. This expenditure for
  869  need-based financial aid shall not supplant the amount of need
  870  based aid provided to undergraduate students in the preceding
  871  fiscal year from financial aid fee revenues, the direct
  872  appropriation for financial assistance provided to state
  873  universities in the General Appropriations Act, or from private
  874  sources. The total amount of tuition differential waived under
  875  subparagraph (b)7. (b)8. may be included in calculating the
  876  expenditures for need-based financial aid to undergraduate
  877  students required by this subsection. If the entire tuition and
  878  fee costs of resident students who have applied for and received
  879  Pell Grant funds have been met and the university has excess
  880  funds remaining from the 30 percent of the revenues from the
  881  tuition differential required to be used to assist students who
  882  exhibit financial need, the university may expend the excess
  883  portion in the same manner as required for the other 70 percent
  884  of the tuition differential revenues.
  885         (b) Each tuition differential is subject to the following
  886  conditions:
  887         1. The tuition differential may be assessed on one or more
  888  undergraduate courses or on all undergraduate courses at a state
  889  university.
  890         2. The tuition differential may vary by course or courses,
  891  by campus or center location, and by institution. Each
  892  university board of trustees shall strive to maintain and
  893  increase enrollment in degree programs related to math, science,
  894  high technology, and other state or regional high-need fields
  895  when establishing tuition differentials by course.
  896         3. For each state university that is designated as a
  897  preeminent state research university by the Board of Governors,
  898  pursuant to s. 1001.7065, the aggregate sum of tuition and the
  899  tuition differential may be increased by no more than 6 percent
  900  of the total charged for the aggregate sum of these fees in the
  901  preceding fiscal year. The tuition differential may be increased
  902  if the university meets or exceeds performance standard targets
  903  for that university established annually by the Board of
  904  Governors for the following performance standards, amounting to
  905  no more than a 2-percent increase in the tuition differential
  906  for each performance standard:
  907         a. An increase in the 4-year 6-year graduation rate for
  908  full-time, first-time-in-college students, as reported annually
  909  to the Integrated Postsecondary Education Data System.
  910         b. An increase in the total annual research expenditures.
  911         c. An increase in the total patents awarded by the United
  912  States Patent and Trademark Office for the most recent years.
  913         4. The aggregate sum of undergraduate tuition and fees per
  914  credit hour, including the tuition differential, may not exceed
  915  the national average of undergraduate tuition and fees at 4-year
  916  degree-granting public postsecondary educational institutions.
  917         5. The tuition differential shall not be included in any
  918  award under the Florida Bright Futures Scholarship Program
  919  established pursuant to ss. 1009.53-1009.538.
  920         5.6. Beneficiaries having prepaid tuition contracts
  921  pursuant to s. 1009.98(2)(b) which were in effect on July 1,
  922  2007, and which remain in effect, are exempt from the payment of
  923  the tuition differential.
  924         6.7. The tuition differential may not be charged to any
  925  student who was in attendance at the university before July 1,
  926  2007, and who maintains continuous enrollment.
  927         7.8. The tuition differential may be waived by the
  928  university for students who meet the eligibility requirements
  929  for the Florida public student assistance grant established in
  930  s. 1009.50.
  931         8.9. Subject to approval by the Board of Governors, the
  932  tuition differential authorized pursuant to this subsection may
  933  take effect with the 2009 fall term.
  934         (e) The Board of Governors shall submit a report to the
  935  President of the Senate, the Speaker of the House of
  936  Representatives, and the Governor describing the implementation
  937  of the provisions of this subsection no later than February 1 of
  938  each year. The report shall summarize proposals received by the
  939  board during the preceding fiscal year and actions taken by the
  940  board in response to such proposals. In addition, the report
  941  shall provide the following information for each university that
  942  has been approved by the board to assess a tuition differential:
  943         1. The course or courses for which the tuition differential
  944  was assessed and the amount assessed.
  945         2. The total revenues generated by the tuition
  946  differential.
  947         3. With respect to waivers authorized under subparagraph
  948  (b)7. (b)8., the number of students eligible for a waiver, the
  949  number of students receiving a waiver, and the value of waivers
  950  provided.
  951         4. Detailed expenditures of the revenues generated by the
  952  tuition differential.
  953         5. Changes in retention rates, graduation rates, the
  954  percentage of students graduating with more than 110 percent of
  955  the hours required for graduation, pass rates on licensure
  956  examinations, the number of undergraduate course offerings, the
  957  percentage of undergraduate students who are taught by faculty,
  958  student-faculty ratios, and the average salaries of faculty who
  959  teach undergraduate courses.
  960         (20) Each state university shall publicly notice and notify
  961  all enrolled students of any proposal to change increase tuition
  962  or fees at least 28 days before its consideration at a board of
  963  trustees meeting. The notice must:
  964         (a) Include the date and time of the meeting at which the
  965  proposal will be considered.
  966         (b) Specifically outline the details of existing tuition
  967  and fees, the rationale for the proposed change increase, and
  968  how the funds from the proposed change increase will be used.
  969         (c) Be posted on the university’s website and issued in a
  970  press release.
  971         Section 18. Subsection (9) of section 1009.53, Florida
  972  Statutes, is amended to read:
  973         1009.53 Florida Bright Futures Scholarship Program.—
  974         (9) A student may use a Florida Academic Scholars an award
  975  for summer term enrollment beginning in the 2018 summer term, as
  976  funded by the Legislature. A student may use a Florida Medallion
  977  Scholars award for summer term enrollment beginning in the 2019
  978  summer term, as funded by the Legislature. A student may use
  979  other Florida Bright Futures Scholarship Program awards for
  980  summer term enrollment, if funded by the Legislature if funds
  981  are available.
  982         Section 19. Subsection (2) of section 1009.534, Florida
  983  Statutes, is amended to read:
  984         1009.534 Florida Academic Scholars award.—
  985         (2) A Florida Academic Scholar who is enrolled in a
  986  certificate, diploma, associate, or baccalaureate degree program
  987  at a public or nonpublic postsecondary education institution is
  988  eligible, beginning in the 2017-2018 academic year, for an award
  989  equal to the amount necessary to pay 100 percent of tuition and
  990  fees established under ss. 1009.22(3), (5), (6), and (7);
  991  1009.23(3), (4), (7), (8), (10), and (11); and 1009.24(4), (7)
  992  (13), (14)(r), and (16), as applicable, and is eligible for an
  993  additional $300 each fall and spring academic semester or the
  994  equivalent for textbooks, specified in the General
  995  Appropriations Act to assist with the payment of educational
  996  expenses.
  997         Section 20. Subsection (2) of section 1009.535, Florida
  998  Statutes, is amended to read:
  999         1009.535 Florida Medallion Scholars award.—
 1000         (2) A Florida Medallion Scholar who is enrolled in a
 1001  certificate, diploma, associate, or baccalaureate degree program
 1002  at a public or nonpublic postsecondary education institution is
 1003  eligible, beginning in the fall 2018 semester, for an award
 1004  equal to the amount necessary to pay 75 percent of tuition and
 1005  fees established under ss. 1009.22(3), (5), (6), and (7);
 1006  1009.23(3), (4), (7), (8), (10), and (11); and 1009.24(4), (7)
 1007  (13), (14)(r), and (16), as applicable, specified in the General
 1008  Appropriations Act to assist with the payment of educational
 1009  expenses.
 1010         Section 21. Subsections (1), (2), and (4) and paragraph (c)
 1011  of subsection (5) of section 1009.701, Florida Statutes, are
 1012  amended to read:
 1013         1009.701 First Generation Matching Grant Program.—
 1014         (1) The First Generation Matching Grant Program is created
 1015  to enable each state university and Florida College System
 1016  institution to provide donors with a matching grant incentive
 1017  for contributions that will create grant-based student financial
 1018  aid for undergraduate students who demonstrate financial need
 1019  and whose parents, as defined in s. 1009.21(1), have not earned
 1020  a baccalaureate degree. In the case of any individual who
 1021  regularly resided with and received support from only one
 1022  parent, an individual whose only such parent did not complete a
 1023  baccalaureate degree would also be eligible.
 1024         (2) Funds appropriated by the Legislature for the program
 1025  shall be allocated by the Office of Student Financial Assistance
 1026  to match private contributions on a dollar-for-dollar basis;
 1027  however, beginning in the 2018-2019 fiscal year, such funds
 1028  shall be allocated at a ratio of $2 of state funds to $1 of
 1029  private contributions. Contributions made to a state university
 1030  or a Florida College System institution and pledged for the
 1031  purposes of this section are eligible for state matching funds
 1032  appropriated for this program and are not eligible for any other
 1033  state matching grant program. Pledged contributions are not
 1034  eligible for matching prior to the actual collection of the
 1035  total funds. The Office of Student Financial Assistance shall
 1036  reserve a proportionate allocation of the total appropriated
 1037  funds for each state university and Florida College System
 1038  institution on the basis of full-time equivalent enrollment.
 1039  Funds that remain unmatched as of December 1 shall be
 1040  reallocated to state universities and colleges that have
 1041  remaining unmatched private contributions for the program on the
 1042  basis of full-time equivalent enrollment.
 1043         (4) Each participating state university and Florida College
 1044  System institution shall establish an application process,
 1045  determine student eligibility for initial and renewal awards in
 1046  conformance with subsection (5), identify the amount awarded to
 1047  each recipient, and notify recipients of the amount of their
 1048  awards.
 1049         (5) In order to be eligible to receive a grant pursuant to
 1050  this section, an applicant must:
 1051         (c) Be accepted at a state university or Florida College
 1052  System institution.
 1053         Section 22. Subsections (2), (4), and (5) of section
 1054  1009.893, Florida Statutes, are amended to read:
 1055         1009.893 Benacquisto Scholarship Program.—
 1056         (2) The Benacquisto Scholarship Program is created to
 1057  reward a any Florida high school graduate who receives
 1058  recognition as a National Merit Scholar or National Achievement
 1059  Scholar and who initially enrolls in the 2014-2015 academic year
 1060  or, later, in a baccalaureate degree program at an eligible
 1061  Florida public or independent postsecondary educational
 1062  institution.
 1063         (4) In order to be eligible for an award under the
 1064  scholarship program, a student must meet the requirements of
 1065  paragraph (a) or paragraph (b).:
 1066         (a) A student who is a resident of this state, Be a state
 1067  resident as determined in s. 1009.40 and rules of the State
 1068  Board of Education, must:;
 1069         1.(b) Earn a standard Florida high school diploma or its
 1070  equivalent pursuant to s. 1002.3105, s. 1003.4281, s. 1003.4282,
 1071  or s. 1003.435 unless:
 1072         a.1. The student completes a home education program
 1073  according to s. 1002.41; or
 1074         b.2. The student earns a high school diploma from a non
 1075  Florida school while living with a parent who is on military or
 1076  public service assignment out of this state;
 1077         2.(c) Be accepted by and enroll in a Florida public or
 1078  independent postsecondary educational institution that is
 1079  regionally accredited; and
 1080         3.(d) Be enrolled full-time in a baccalaureate degree
 1081  program at an eligible regionally accredited Florida public or
 1082  independent postsecondary educational institution during the
 1083  fall academic term following high school graduation.
 1084         (b) A student who initially enrolls in a baccalaureate
 1085  degree program in the 2018-2019 academic year or later and who
 1086  is not a resident of this state, as determined in s. 1009.40 and
 1087  rules of the State Board of Education, must:
 1088         1. Physically reside in this state on or near the campus of
 1089  the postsecondary educational institution in which the student
 1090  is enrolled;
 1091         2. Earn a high school diploma from a school outside Florida
 1092  which is comparable to a standard Florida high school diploma or
 1093  its equivalent pursuant to s. 1002.3105, s. 1003.4281, s.
 1094  1003.4282, or s. 1003.435 or must complete a home education
 1095  program in another state; and
 1096         3. Be accepted by and enrolled full-time in a baccalaureate
 1097  degree program at an eligible regionally accredited Florida
 1098  public or independent postsecondary educational institution
 1099  during the fall academic term following high school graduation.
 1100         (5)(a)1. An eligible student who meets the requirements of
 1101  paragraph (4)(a), who is a National Merit Scholar or National
 1102  Achievement Scholar, and who attends a Florida public
 1103  postsecondary educational institution shall receive a
 1104  scholarship award equal to the institutional cost of attendance
 1105  minus the sum of the student’s Florida Bright Futures
 1106  Scholarship and National Merit Scholarship or National
 1107  Achievement Scholarship.
 1108         2. An eligible student who meets the requirements of
 1109  paragraph (4)(b), who is a National Merit Scholar, and who
 1110  attends a Florida public postsecondary educational institution
 1111  shall receive a scholarship award equal to the institutional
 1112  cost of attendance for a resident of this state minus the
 1113  student’s National Merit Scholarship. Such student is exempt
 1114  from the payment of out-of-state fees.
 1115         (b) An eligible student who is a National Merit Scholar or
 1116  National Achievement Scholar and who attends a Florida
 1117  independent postsecondary educational institution shall receive
 1118  a scholarship award equal to the highest cost of attendance for
 1119  a resident of this state enrolled at a Florida public
 1120  university, as reported by the Board of Governors of the State
 1121  University System, minus the sum of the student’s Florida Bright
 1122  Futures Scholarship and National Merit Scholarship or National
 1123  Achievement Scholarship.
 1124         Section 23. Section 1009.894, Florida Statutes, is created
 1125  to read:
 1126         1009.894 Florida Farmworker Student Scholarship Program.
 1127  The Legislature recognizes the vital contribution of farmworkers
 1128  to the economy of this state. The Florida Farmworker Student
 1129  Scholarship Program is created to provide scholarships for
 1130  farmworkers, as defined in s. 420.503, and the children of such
 1131  farmworkers.
 1132         (1) The Department of Education shall administer the
 1133  Florida Farmworker Student Scholarship Program according to
 1134  rules and procedures established by the State Board of
 1135  Education. Up to 50 scholarships shall be awarded annually
 1136  according to the criteria established in subsection (2) and
 1137  contingent upon an appropriation by the Legislature.
 1138         (2)(a) To be eligible for an initial scholarship, a student
 1139  must, at a minimum:
 1140         1. Have a resident status as required by s. 1009.40 and
 1141  rules of the State Board of Education;
 1142         2. Earn a minimum cumulative weighted grade point average
 1143  of 3.5 for all high school courses creditable toward a diploma;
 1144         3. Complete a minimum of 30 hours of community service; and
 1145         4. Have at least a 90-percent attendance rate and not have
 1146  had any disciplinary action brought against him or her, as
 1147  documented on the student’s high school transcript.
 1148  
 1149  For purposes of this section, students who are undocumented for
 1150  federal immigration purposes are not eligible for an award.
 1151         (b) The department shall rank eligible initial applicants
 1152  for the purposes of awarding scholarships based on need, as
 1153  determined by the department.
 1154         (c) To renew a scholarship awarded pursuant to this
 1155  section, a student must maintain at least a cumulative grade
 1156  point average of 2.5 or higher on a 4.0 scale for college
 1157  coursework.
 1158         (3) A scholarship recipient must enroll in a minimum of 12
 1159  credit hours per term, or the equivalent, at a public
 1160  postsecondary educational institution in this state to receive
 1161  funding.
 1162         (4) A scholarship recipient may receive an award for a
 1163  maximum of 100 percent of the number of credit hours required to
 1164  complete an associate or baccalaureate degree program or receive
 1165  an award for a maximum of 100 percent of the credit hours or
 1166  clock hours required to complete up to 90 credit hours of a
 1167  program that terminates in a career certificate. The scholarship
 1168  recipient is eligible for an award equal to the amount required
 1169  to pay the tuition and fees established under ss. 1009.22(3),
 1170  (5), (6), and (7); 1009.23(3), (4), (7), (8), (10), and (11);
 1171  and 1009.24(4), (7)-(13), (14)(r), and (16), as applicable, at a
 1172  public postsecondary educational institution in this state.
 1173  Renewal scholarship awards must take precedence over new
 1174  scholarship awards in a year in which funds are not sufficient
 1175  to accommodate both initial and renewal awards. The scholarship
 1176  must be prorated for any such year.
 1177         (5) Subject to appropriation by the Legislature, the
 1178  department shall annually issue awards from the scholarship
 1179  program. Before the registration period each semester, the
 1180  department shall transmit payment for each award to the
 1181  president or director of the postsecondary educational
 1182  institution, or his or her representative. However, the
 1183  department may withhold payment if the receiving institution
 1184  fails to submit the following reports or make the following
 1185  refunds to the department:
 1186         (a) Each institution shall certify to the department the
 1187  eligibility status of each student to receive a disbursement
 1188  within 30 days before the end of its regular registration
 1189  period, inclusive of a drop and add period. An institution is
 1190  not required to reevaluate the student eligibility after the end
 1191  of the drop and add period.
 1192         (b) An institution that receives funds from the scholarship
 1193  program must certify to the department the amount of funds
 1194  disbursed to each student and remit to the department any
 1195  undisbursed advance within 60 days after the end of the regular
 1196  registration period.
 1197         (6) The department shall allocate funds to the appropriate
 1198  institutions and collect and maintain data regarding the
 1199  scholarship program within the student financial assistance
 1200  database as specified in s. 1009.94.
 1201         Section 24. Paragraphs (e) and (f) of subsection (10) of
 1202  section 1009.98, Florida Statutes, are redesignated as
 1203  paragraphs (f) and (g), respectively, and a new paragraph (e) is
 1204  added to that subsection to read:
 1205         1009.98 Stanley G. Tate Florida Prepaid College Program.—
 1206         (10) PAYMENTS ON BEHALF OF QUALIFIED BENEFICIARIES.—
 1207         (e) Notwithstanding the number of credit hours used by a
 1208  state university to assess the amount for registration fees,
 1209  tuition, tuition differential, or local fees, the amount paid by
 1210  the board to any state university on behalf of a qualified
 1211  beneficiary of an advance payment contract purchased before July
 1212  1, 2024, may not exceed the number of credit hours taken by that
 1213  qualified beneficiary at the state university.
 1214         Section 25. The Division of Law Revision and Information is
 1215  directed to substitute the term “Effective Access to Student
 1216  Education Grant Program” for “Florida Resident Access Grant
 1217  Program” and the term “Effective Access to Student Education
 1218  grant” for “Florida resident access grant” wherever those terms
 1219  appear in the Florida Statutes.
 1220         Section 26. By October 1, 2019, the Board of Governors, in
 1221  consultation with the state universities, shall submit to the
 1222  Legislature recommendations for future consideration on the most
 1223  efficient process to achieve a complete performance-based
 1224  continuous improvement model focused on outcomes that provides
 1225  for the equitable distribution of performance funds. In addition
 1226  to recommendations submitted by the Board of Governors, the
 1227  Legislature shall review recommendations from an independent
 1228  entity that consults with the Board of Governors for the purpose
 1229  of receiving input on behalf of the state university system.
 1230  Implementation of any recommendations shall not occur unless
 1231  affirmatively enacted by the Legislature.
 1232         Section 27. For the 2018-2019 fiscal year, $121,776,631 in
 1233  recurring funds from the Educational Enhancement Trust Fund and
 1234  $1,736,404 in recurring funds from the General Revenue Fund are
 1235  appropriated to the Department of Education to implement this
 1236  act. Of these funds, $1,737,223 from the Educational Enhancement
 1237  Trust Fund shall be used for 2019 summer term awards for Florida
 1238  Bright Futures Academic Scholars, $28,416,515 from the
 1239  Educational Enhancement Trust Fund shall be used for 2019 summer
 1240  term awards for Florida Bright Futures Medallion Scholars,
 1241  $91,622,893 from the Educational Enhancement Trust Fund shall be
 1242  used for Florida Bright Futures Scholarship Program awards,
 1243  $1,236,404 from the General Revenue Fund shall be used for the
 1244  Benacquisto Scholarship Program, and $500,000 from the General
 1245  Revenue Fund shall be used for the Florida Farmworker Student
 1246  Scholarship Program.
 1247         Section 28. Except as otherwise expressly provided in this
 1248  act, this act shall take effect upon becoming a law.