CS for SB 190 Second Engrossed
2019190e2
1 A bill to be entitled
2 An act relating to higher education; amending s.
3 11.45, F.S.; requiring the Auditor General to verify
4 the accuracy of unexpended amounts in specified funds
5 certified by university and Florida College System
6 institution chief financial officers; amending s.
7 215.985, F.S.; requiring employees and officers of
8 Florida College System institutions to be included in
9 a Department of Management Services website that
10 provides specified information relating to such
11 employees or officers; amending s. 216.136, F.S.;
12 requiring the Revenue Estimating Conference to provide
13 a maximum appropriation estimate assuming the full
14 utilization of bonding; requiring the conference to
15 determine maximum appropriations assuming average
16 bonding capacities for specified years; providing an
17 expiration date; amending s. 1001.03, F.S.; requiring
18 the State Board of Education to develop a prioritized
19 list of capital projects based on previously funded
20 but not completed projects and ranked priorities for
21 Florida College System institutions; requiring the
22 State Board of Education to develop a points-based
23 prioritization method to rank projects based on
24 specified criteria; specifying that specified new
25 projects at a Florida College System institution with
26 a final FTE of 15,000 or greater must satisfy
27 specified criteria; requiring weighted values within
28 the point scale; requiring the State Board of
29 Education to maintain a list of capital outlay
30 projects for which state funds have been appropriated
31 but which have not been completed; requiring the State
32 Board of Education to review its space need
33 calculation methodology and to present a summary and
34 preliminary recommendations to the chairs of the
35 legislative appropriations committees by a specified
36 date and at a specified interval thereafter; amending
37 s. 1001.706, F.S.; requiring the Board of Governors to
38 develop and annually deliver a training program for
39 members of state university boards of trustees;
40 requiring trustee participation within a specified
41 timeframe of appointment and reappointment; requiring
42 the inclusion of certain information in the training
43 program; requiring the board to define data components
44 and methodology for specified purposes; requiring
45 state universities to submit annual institutional
46 audits to the board’s Office of Inspector General;
47 requiring the board to match certain student
48 information with specified educational and employment
49 records; requiring the board to enter into an
50 agreement with the Department of Economic Opportunity
51 for certain purposes; providing requirements for such
52 agreement; requiring the Board of Governors to develop
53 a prioritized list of capital projects based on
54 previously funded but not completed projects and
55 ranked priorities at state universities; requiring the
56 Board of Governors to develop a points-based
57 prioritization method to rank projects based on
58 specified criteria; requiring the board to consider
59 specified criteria for certain projects; requiring
60 weighted values within the point scale; requiring the
61 Board of Governors to maintain a list of capital
62 outlay projects for which state funds have been
63 appropriated but which have not been completed;
64 requiring the Board of Governors to review and submit
65 its space need calculation methodology; amending s.
66 1004.335, F.S.; clarifying that the University of
67 South Florida St. Petersburg and the University of
68 South Florida Sarasota/Manatee are branch campuses;
69 revising the date the Board of Governors will use
70 specified data to determine funding under certain
71 circumstances; requiring the Board of Governors to
72 monitor the implementation of a specified plan;
73 providing requirements for specified campuses to be
74 considered branch campuses; amending s. 1004.70, F.S.;
75 prohibiting a Florida College System institution
76 direct-support organization from giving, directly or
77 indirectly, any gift to a political committee;
78 amending s. 1007.23, F.S.; requiring the statewide
79 articulation agreement to include a reverse transfer
80 agreement for students transferring from a Florida
81 College System institution to a state university
82 without having earned an associate in arts degree;
83 requiring, by a specified academic year, Florida
84 College System institutions and state universities to
85 execute agreements to establish “2+2” targeted pathway
86 programs; providing requirements for such agreements;
87 specifying requirements for student participation;
88 requiring the State Board of Education and the Board
89 of Governors to collaborate to eliminate barriers in
90 executing pathway articulation agreements; amending s.
91 1007.25, F.S.; requiring a university to, at specified
92 times, notify students enrolled at the university of
93 the criteria and option to request an associate in
94 arts degree; requiring that universities notify
95 students not enrolled at the university who meet
96 specified criteria of the option to receive an
97 associate in arts degree, beginning with students
98 enrolled in the 2018-2019 academic year and
99 thereafter; amending s. 1008.32, F.S.; requiring the
100 Commissioner of Education to report certain audit
101 findings to the State Board of Education under certain
102 circumstances; requiring district school boards and
103 Florida College System institutions’ boards of
104 trustees to document compliance with the law under
105 certain circumstances; amending s. 1008.322, F.S.;
106 requiring the Chancellor of the State University
107 System to report certain audit findings to the Board
108 of Governors under certain circumstances; requiring
109 state universities’ boards of trustees to document
110 compliance with the law under certain circumstances;
111 amending s. 1009.215, F.S.; revising the academic
112 terms in which certain students are eligible to
113 receive Bright Futures Scholarships; providing that
114 such students may receive the scholarships for the
115 fall term for specified coursework under certain
116 circumstances; amending s. 1009.286, F.S.; requiring a
117 state university to calculate an excess hour threshold
118 for each student based on specified criteria;
119 providing that the excess hour threshold may be
120 adjusted only under certain circumstances; revising
121 the threshold for assessing the excess credit hour
122 surcharge; amending s. 1009.53, F.S.; removing a
123 requirement for a Florida high school graduate to
124 enroll in certain programs within 3 years of
125 graduation from high school in order to receive funds
126 from the Florida Bright Futures Scholarship Program;
127 expanding the Florida Bright Futures Scholarship
128 Program to include the Florida Gold Seal CAPE
129 Scholarship; conforming provisions to changes made by
130 the act; removing a limitation of 45 semester credit
131 hours or the equivalent for an annual award for the
132 scholarship program; requiring an institution that
133 receives scholarship funds for summer terms to certify
134 to the department certain funding information and
135 remit any undisbursed funds within a specified time;
136 amending s. 1009.531, F.S.; expanding the eligibility
137 for an initial award of a scholarship under the
138 Florida Bright Futures Scholarship Program to include
139 students who earn a high school diploma from a private
140 school; modifying the date by which certain students
141 must apply for a scholarship under the program;
142 deleting provisions relating to scholarship
143 eligibility and application requirements for certain
144 students who graduated from high school during
145 specified years; extending the amount of time in which
146 a student may reapply for an award to 5 years after
147 high school graduation; extending the amount of time
148 in which a student who enlists in the United States
149 Armed Forces immediately after high school may apply
150 for an award to 5 years after separation from active
151 duty; providing that a student who is unable to accept
152 an initial award due to a religious or service
153 obligation may apply for an award within 5 years after
154 the completion of his or her religious or service
155 obligation; requiring that school districts provide a
156 Florida Bright Futures Scholarship Evaluation Report
157 and Key only to students in specified grades; allowing
158 a student who does not meet certain requirements for a
159 program award additional time to meet such
160 requirements under certain conditions; providing that
161 such students who timely meet the requirements must
162 receive an award for the full academic year; revising
163 the minimum examination scores required for a student
164 to be eligible for a Florida Academic Scholars award
165 or a Florida Medallion Scholars award; requiring the
166 Department of Education to develop a method for
167 determining the required examination scores which
168 ensures equivalency between specified examinations and
169 is consistent with specified limitations; requiring
170 the department to publish any changes to examination
171 score requirements; conforming a provision to changes
172 made by the act; amending s. 1009.532, F.S.; revising
173 student eligibility requirements for renewal of
174 Florida Bright Futures Scholarship Program awards;
175 removing obsolete language; conforming provisions to
176 changes made by the act; amending s. 1009.536, F.S.;
177 permitting certain Florida Gold Seal CAPE Scholars to
178 receive an award from a specified funding source;
179 providing grade point average requirements for Florida
180 Gold Seal CAPE Scholars; removing limitations for
181 certain academic years on the number of credit hours
182 to which a student may apply a Florida Gold Seal
183 Vocational Scholarship; amending s. 1011.45, F.S.;
184 requiring each state university to maintain a minimum
185 carry forward balance of at least 7 percent of its
186 state operating budget; requiring a university that
187 fails to maintain such balance to submit a plan to the
188 Board of Governors to attain the minimum balance;
189 requiring each university with a carry forward balance
190 in excess of 7 percent to submit a spending plan to
191 the university board of trustees; specifying
192 requirements and authorized expenditures in such
193 spending plan; requiring each university chief
194 financial officer to certify annually the unexpended
195 amount of carry forward amounts from specified funds;
196 amending s. 1011.80, F.S.; removing a limitation on
197 the maximum amount of funding that may be appropriated
198 for performance funding relating to funds for
199 operation of workforce education programs; creating s.
200 1011.802, F.S.; creating the Florida Pathways to
201 Career Opportunities Grant Program; providing for
202 funding; providing purpose, requirements, and
203 administration of the program; requiring certain
204 career centers and institutions to provide quarterly
205 reports; authorizing rulemaking; amending s. 1011.81,
206 F.S.; removing a limitation on the maximum amount of
207 funding that may be appropriated for performance
208 funding relating to industry certifications for
209 Florida College System institutions; amending s.
210 1011.84, F.S.; establishing a threshold of the
211 unencumbered balance at a Florida College System
212 institution based on the final FTE at the Florida
213 College System institution in the prior year;
214 requiring each Florida College System institution
215 chief financial officer to annually certify the
216 unexpended amount of specified funds; amending s.
217 1013.03, F.S.; requiring the State Board of Education
218 and the Board of Governors to establish uniform space
219 utilization standards that include standards for post
220 secondary classroom and teaching laboratory space;
221 requiring the State Board of Education and the Board
222 of Governors to adopt standards for use in each
223 Florida College System institution’s and state
224 university’s survey; requiring the State Board of
225 Education and the Board of Governors to define and
226 apply specified space utilization metrics when
227 calculating space need; amending s. 1013.31, F.S.;
228 requiring projections for facility space needs for
229 each Florida College System institution to comply with
230 specified space needs utilization standards and
231 metrics; requiring projections for facility space
232 needs for each state university to comply with
233 specified space needs utilization standards and
234 metrics; amending s. 1013.40, F.S.; prohibiting the
235 finance of additional dormitory beds through the
236 issuance of bonds by Florida College System
237 institutions; providing that bonds may be issued by
238 nonpublic entities as part of a public-private
239 partnership; amending s. 1013.60, F.S.; requiring the
240 Commissioner of Education to develop a budget request
241 allocation plan for a specified purpose; establishing
242 requirements for the budget request allocation plan to
243 include an assessment over the 3 years of the plan of
244 the amount of state funding needed to complete
245 previously funded projects; amending s. 1013.64, F.S.;
246 requiring the Board of Governors to specify by
247 regulation the procedures for reporting or expending
248 specified funds; requiring each university to report
249 expended amounts from all sources; requiring the State
250 Board of Education to specify by rule the procedures
251 for the reporting of specified funds appropriated or
252 expended; establishing a timeframe by which the State
253 Board of Education and Board of Governors must update
254 the capital outlay project list, with specified
255 criteria; creating s. 1013.841, F.S.; requiring
256 unexpended amounts in any fund in any Florida College
257 System institution current year state operating budget
258 to be carried forward and included in the approved
259 operating budget for the following year; requiring
260 each Florida College System institution with a final
261 FTE of less than 15,000 to maintain a minimum carry
262 forward balance of at least 5 percent of its state
263 operating budget; requiring each Florida College
264 System institution president, if the institution fails
265 to maintain such balance, to provide written
266 notification to the State Board of Education;
267 requiring each Florida College System institution with
268 a final FTE of less than 15,000 that retains a state
269 operating fund carry forward balance in excess of 5
270 percent to submit a spending plan for its excess carry
271 forward funds with specified requirements; requiring
272 each Florida College System institution with a final
273 FTE of 15,000 or greater to maintain a minimum carry
274 forward balance of at least 7 percent of its state
275 operating budget; requiring each Florida College
276 System institution with a final FTE of 15,000 or
277 greater that retains a state operating fund carry
278 forward balance in excess of 7 percent to submit a
279 spending plan for its excess carry forward funds with
280 specified requirements; requiring that state
281 university and Florida College System institution
282 project surveys must utilize updated space need
283 calculations; providing an effective date.
284
285 Be It Enacted by the Legislature of the State of Florida:
286
287 Section 1. Paragraph (c) of subsection (2) of section
288 11.45, Florida Statutes, is amended to read:
289 11.45 Definitions; duties; authorities; reports; rules.—
290 (2) DUTIES.—The Auditor General shall:
291 (c) Annually conduct financial audits of all state
292 universities and Florida College System institutions and verify
293 the accuracy of the amounts certified by each state university
294 and Florida College System institution chief financial officer
295 pursuant to ss. 1011.45 and 1011.84 state colleges.
296
297 The Auditor General shall perform his or her duties
298 independently but under the general policies established by the
299 Legislative Auditing Committee. This subsection does not limit
300 the Auditor General’s discretionary authority to conduct other
301 audits or engagements of governmental entities as authorized in
302 subsection (3).
303 Section 2. Subsection (6) of section 215.985, Florida
304 Statutes, is amended to read:
305 215.985 Transparency in government spending.—
306 (6) The Department of Management Services shall establish
307 and maintain a website that provides current information
308 relating to each employee or officer of a state agency, a state
309 university, a Florida College System institution, or the State
310 Board of Administration, regardless of the appropriation
311 category from which the person is paid.
312 (a) For each employee or officer, the information must
313 include, at a minimum, his or her:
314 1. Name and salary or hourly rate of pay.
315 2. Position number, class code, and class title.
316 3. Employing agency and budget entity.
317 (b) The information must be searchable by state agency,
318 state university, Florida College System institution, and the
319 State Board of Administration, and by employee name, salary
320 range, or class code and must be downloadable in a format that
321 allows offline analysis.
322 Section 3. Subsection (3) of section 216.136, Florida
323 Statutes, is amended to read:
324 216.136 Consensus estimating conferences; duties and
325 principals.—
326 (3) REVENUE ESTIMATING CONFERENCE.—
327 (a) The Revenue Estimating Conference shall develop such
328 official information with respect to anticipated state and local
329 government revenues as the conference determines is needed for
330 the state planning and budgeting system. Any principal may
331 request the conference to review and estimate revenues for any
332 trust fund.
333 (b) For each year in a forecast period, the Revenue
334 Estimating Conference must provide a maximum appropriation
335 estimate, which includes bonding, for funds accruing to the
336 Public Education Capital Outlay and Debt Service Trust Fund. The
337 maximum available appropriation estimate for each year must
338 assume the full utilization of available bonding capacity, as
339 limited by s. 215.61, and the full utilization of remaining
340 available cash balances.
341 (c) For each of the 2020-2021, 2021-2022, and 2022-2023
342 fiscal years, the conference shall also determine maximum
343 appropriations available for funds accruing to the Public
344 Education Capital Outlay and Debt Service Trust Fund, assuming
345 that the bonding capacity for each year is equal to the average
346 of annual bonding capacities, as determined under paragraph (b),
347 of that year and the years remaining through the 2022-2023
348 fiscal year. This paragraph expires July 1, 2023.
349 Section 4. Subsection (18) is added to section 1001.03,
350 Florida Statutes, to read:
351 1001.03 Specific powers of State Board of Education.—
352 (18) PUBLIC EDUCATION CAPITAL OUTLAY.—The State Board of
353 Education shall develop and submit the prioritized list required
354 by s. 1013.64(4). Projects considered for prioritization shall
355 be chosen from a preliminary selection group that shall include
356 the list of projects maintained pursuant to paragraph (d) and up
357 to the top five ranked priorities of each Florida College System
358 institution.
359 (a) The state board shall develop a points-based
360 prioritization method to rank projects for consideration from
361 the preliminary selection group and award points for the degree
362 to which a project meets specific criteria compared to other
363 projects in the preliminary selection group. The state board
364 shall consider criteria that evaluates the degree to which:
365 1. The project was previously funded by the Legislature and
366 the amount of funds needed for completion constitute a
367 relatively low percentage of total project costs;
368 2. The project represents a building maintenance project or
369 the repair of utility infrastructure which is necessary to
370 preserve a safe environment for students and staff, or a project
371 that is necessary to maintain the operation of a Florida College
372 System institution site, and for which the institution can
373 demonstrate that it has no other funding source available to
374 complete the project;
375 3. The project addresses the greatest current or projected
376 need for space as indicated by factors such as increased
377 instructional capacity that enhances educational opportunities
378 for students;
379 4. The project reflects a ranked priority of the submitting
380 Florida College System institution;
381 5. The project represents the most practical and cost
382 effective replacement or renovation of an existing building;
383 6. The project is deemed by the state board to be integral
384 to the mission of the system or the institution in serving the
385 strategic needs of communities, regions, or the state; and
386 7. For a new construction, remodeling, or renovation
387 project that has not received a prior appropriation, the project
388 has received, or has commitments to receive, funding from
389 sources other than a project-specific state appropriation to
390 assist with completion of the project and future maintenance
391 needs associated with the project; the project is needed to
392 preserve the safety of persons using the facility; or the
393 project is consistent with a strategic legislative or state
394 board initiative.
395 (b) For each Florida College System institution with a
396 final FTE of 15,000 or greater for the prior year, a new
397 construction, remodeling, or renovation project that has not
398 received an appropriation in a previous year may not be
399 considered for inclusion on the prioritized list required by s.
400 1013.64(4), unless:
401 1. There are sufficient excess funds from the allocation
402 provided pursuant to s. 1013.60 within the 3-year planning
403 period which are not needed to complete the projects listed
404 pursuant to paragraph (d); and
405 2. The project has been recommended pursuant to s. 1013.31.
406 (c) The project scoring the highest for each criterion
407 shall be awarded the maximum points in the range of points
408 within the points scale developed by the state board. The state
409 board shall weight the value of criteria such that the maximum
410 points awarded for each criterion represents a percent of the
411 total maximum points.
412 (d) The state board shall continually maintain a list of
413 all public education capital outlay projects for which state
414 funds were previously appropriated and have not been completed.
415 The list shall include an estimate of the amount of state
416 funding needed for the completion of each project.
417 (e) The state board shall review its space need calculation
418 methodology developed pursuant to s. 1013.03(2)(a) and present a
419 summary of its work with preliminary draft recommendations to
420 the chairs of the Senate and the House of Representatives
421 appropriations committees by January 15, 2020, and every 3 years
422 thereafter.
423 Section 5. Paragraph (e) of subsection (5) of section
424 1001.706, Florida Statutes, is amended, paragraph (j) is added
425 to subsection (3) and paragraph (i) is added to subsection (5)
426 of that section, and subsection (12) is added to that section,
427 to read:
428 1001.706 Powers and duties of the Board of Governors.—
429 (3) POWERS AND DUTIES RELATING TO ORGANIZATION AND
430 OPERATION OF STATE UNIVERSITIES.—
431 (j) The Board of Governors shall develop and annually
432 deliver a training program for members of each state university
433 board of trustees that addresses the role of such boards in
434 governing institutional resources and protecting the public
435 interest. At a minimum, each trustee must participate in the
436 training program within 1 year of appointment and reappointment
437 to a university board of trustees. The program must include
438 information on trustee responsibilities relating to all of the
439 following:
440 1. Meeting the statutory, regulatory, and fiduciary
441 obligations of the board.
442 2. Establishing internal process controls and
443 accountability mechanisms for the institution’s president and
444 other administrative officers.
445 3. Oversight of planning, construction, maintenance,
446 expansion, and renovation projects that impact the university’s
447 consolidated infrastructure, physical facilities, and natural
448 environment, including its lands, improvements, and capital
449 equipment.
450 4. Establishing policies that promote college
451 affordability, including ensuring that the costs of university
452 fees, textbooks, and instructional materials are minimized
453 whenever possible.
454 5. Creation and implementation of institutionwide rules and
455 regulations.
456 6. Institutional ethics and conflicts of interest.
457 7. Best practices for board governance.
458 8. Understanding current national and state issues in
459 higher education.
460 9. Any other responsibilities the Board of Governors deems
461 necessary or appropriate.
462 (5) POWERS AND DUTIES RELATING TO ACCOUNTABILITY.—
463 (e) The Board of Governors shall maintain an effective
464 information system to provide accurate, timely, and cost
465 effective information about each university. The board shall
466 continue to collect and maintain, at a minimum, management
467 information as such information existed on June 30, 2002. To
468 ensure consistency, the Board of Governors shall define the data
469 components and methodology used to implement ss. 1001.7065 and
470 1001.92. Each university shall conduct an annual audit to verify
471 that the data submitted pursuant to ss. 1001.7065 and 1001.92
472 complies with the data definitions established by the board and
473 submit the audits to the Board of Governors Office of Inspector
474 General as part of the annual certification process required by
475 the Board of Governors.
476 (i) The Board of Governors shall match individual student
477 information with information in the files of state and federal
478 agencies that maintain educational and employment records. The
479 board must enter into an agreement with the Department of
480 Economic Opportunity that allows access to the individual
481 reemployment assistance wage records maintained by the
482 department. The agreement must protect individual privacy and
483 provide that student information may be used only for the
484 purposes of auditing or evaluating higher education programs
485 offered by state universities.
486 (12) PUBLIC EDUCATION CAPITAL OUTLAY.—The Board of
487 Governors shall submit the prioritized list as required by s.
488 1013.64(4). Projects considered for prioritization shall be
489 chosen from a preliminary selection group that shall include the
490 list of projects maintained pursuant to paragraph (d) and up to
491 the top five ranked priorities of each state university.
492 (a) The board shall develop a points-based prioritization
493 method to rank projects for consideration from the preliminary
494 selection group and award points for the degree to which a
495 project meets specific criteria compared to other projects in
496 the preliminary selection group. The board shall consider
497 criteria that evaluate the degree to which:
498 1. The project was funded previously by the Legislature and
499 the amount of funds needed for completion constitutes a
500 relatively low percentage of total project costs;
501 2. The project represents a building maintenance project or
502 the repair of utility infrastructure which is necessary to
503 preserve a safe environment for students and staff, or a project
504 that is necessary to maintain the operation of a university
505 site, and for which the university can demonstrate it has no
506 other fund source available to complete the project;
507 3. The project addresses the greatest current or projected
508 need for space as indicated by factors such as increased
509 instructional or research capacity that enhances educational
510 opportunities for students;
511 4. The project reflects a ranked priority of the submitting
512 university;
513 5. The project represents the most practical and cost-
514 effective replacement or renovation of an existing building;
515 6. The project is deemed integral to the mission of the
516 system or the institution in serving the strategic needs of
517 communities, regions, or this state; and
518 7. For a new construction, remodeling, or renovation
519 project that has not received a prior appropriation, the project
520 has received, or has commitments to receive, funding from
521 sources other than a project-specific state appropriation to
522 assist with completion of the project and future maintenance
523 needs associated with the project; the project is needed to
524 preserve the safety of persons using the facility; or the
525 project is consistent with a strategic legislative or board
526 initiative.
527 (b) A new construction, remodeling, or renovation project
528 that has not received an appropriation in a previous year may
529 not be considered for inclusion on the prioritized list required
530 by s. 1013.64(4), unless:
531 1. There are sufficient excess funds from the allocation
532 provided pursuant to s. 1013.60 within the 3-year planning
533 period which are not needed to complete the projects listed
534 pursuant to paragraph (d); and
535 2. The project has been recommended pursuant to s. 1013.31.
536 (c) The project scoring the highest for each criterion
537 shall be awarded the maximum points in the range of points
538 within the points scale developed by the board. The board shall
539 weight the value of criteria such that the maximum points
540 awarded for each criterion represent a percent of the total of
541 maximum points.
542 (d) The board shall continually maintain a list of all
543 public education capital outlay projects for which state funds
544 were previously appropriated which have not been completed. The
545 list shall include an estimate of the amount of state funding
546 needed for the completion of each project.
547 (e) The board shall review its space need calculation
548 methodology developed pursuant to s. 1013.03(2)(a) and present a
549 summary of its work with preliminary draft recommendations to
550 the chairs of the Senate and the House of Representatives
551 appropriations committees by January 15, 2020, and every 3 years
552 thereafter.
553 Section 6. Present subsection (7) of section 1004.335,
554 Florida Statutes, is redesignated as subsection (8), a new
555 subsection (7) is added to that section, and subsection (1),
556 paragraphs (a) and (g) of subsection (4), subsection (5), and
557 paragraph (a) of subsection (6) of that section are amended, to
558 read:
559 1004.335 Accreditation consolidation of University of South
560 Florida branch campuses.—
561 (1) The University of South Florida Consolidation Planning
562 Study and Implementation Task Force is established to develop
563 recommendations to improve service to students by phasing out
564 the separate accreditation of the University of South Florida
565 St. Petersburg branch campus and the University of South Florida
566 Sarasota/Manatee branch campus, which were conferred by the
567 Southern Association of Colleges and Schools Commission on
568 Colleges (SACSCOC) pursuant to ss. 1004.33 and 1004.34,
569 respectively.
570 (4) No later than February 15, 2019, the task force must
571 submit a report to the University of South Florida Board of
572 Trustees which includes, at a minimum, recommendations on the
573 following:
574 (a) Identification of specific degrees in programs of
575 strategic significance, including health care, science,
576 technology, engineering, mathematics, and other program
577 priorities to be offered at the University of South Florida St.
578 Petersburg branch campus and the University of South Florida
579 Sarasota/Manatee branch campus and the timeline for the
580 development and delivery of programs on each campus;
581 (g) Developing and delivering integrated academic programs,
582 student and faculty governance, and administrative services to
583 better serve the students, faculty, and staff at the University
584 of South Florida College of Marine Science, the University of
585 South Florida Sarasota/Manatee branch campus, and the University
586 of South Florida St. Petersburg branch campus.
587 (5) No later than March 15, 2019, the Board of Trustees of
588 the University of South Florida, after considering the
589 recommendations of the task force, must adopt and submit to the
590 Board of Governors an implementation plan that:
591 (a) Establishes a timeline for each step that is necessary
592 to terminate the separate accreditation for each campus no later
593 than June 30, 2020, while maintaining branch campus status for
594 both campuses, so that there is no lapse in institutional
595 accreditation for any campus during the phasing-out process.
596 (b) Minimizes disruption to students attending any the
597 University of South Florida or any of its branch campuses campus
598 so that the consolidation of SACSCOC accreditation does not
599 impede a student’s ability to graduate within 4 years after
600 initial first-time-in-college enrollment.
601 (c) Requires that, on or before July 1, 2020, the entirety
602 of the University of South Florida, including all branch
603 campuses and other component units of the university, operate
604 under a single institutional accreditation from the SACSCOC.
605 (d) Requires that, on each regularly scheduled submission
606 date subsequent to July 1, 2020, the University of South Florida
607 report consolidated data for all of the university’s campuses
608 and students to the Integrated Postsecondary Education Data
609 System and to the Board of Governors. The Board of Governors
610 shall use the consolidated data for purposes of determining
611 eligibility for funding pursuant to ss. 1001.7065 and 1001.92.
612 However, if the University of South Florida meets the deadline
613 outlined in paragraph (c) and the University of South Florida
614 Sarasota/Manatee and the University of South Florida St.
615 Petersburg maintain branch campus status as defined in
616 subsection (7), the Board of Governors may not use the
617 consolidated data for purposes of determining eligibility for
618 funding pursuant to s. 1001.7065 until July 1, 2022.
619
620 The Board of Governors shall monitor the fidelity of the
621 implementation of the plan.
622 (6) Notwithstanding ss. 1001.7065 and 1001.92 or any Board
623 of Governors regulation to the contrary relating to the
624 calculation of graduation rates and retention rates, a student
625 who meets all of the following criteria may not be counted by
626 the Board of Governors when calculating or confirming the
627 graduation rate or the retention rate of the University of South
628 Florida under those sections:
629 (a) The student was admitted to and initially enrolled
630 before the spring 2020 semester as a first-time-in-college
631 student at the University of South Florida St. Petersburg branch
632 campus or the University of South Florida Sarasota/Manatee
633 branch campus.
634 (7) For purposes of this section, a branch campus is an
635 instructional site located geographically apart and independent
636 of the main campus of the institution. A location is independent
637 of the main campus if the location:
638 (a) Is permanent in nature;
639 (b) Offers courses in educational programs leading to a
640 degree, diploma, certificate, or other recognized educational
641 credential;
642 (c) Has its own faculty and administrative or supervisory
643 organization; and
644 (d) Has its own budgetary and hiring authority.
645 Section 7. Paragraph (d) of subsection (4) of section
646 1004.70, Florida Statutes, is amended to read:
647 1004.70 Florida College System institution direct-support
648 organizations.—
649 (4) ACTIVITIES; RESTRICTIONS.—
650 (d) A Florida College System institution direct-support
651 organization is prohibited from giving, either directly or
652 indirectly, any gift to a political committee as defined in s.
653 106.011 for any purpose other than those certified by a majority
654 roll call vote of the governing board of the direct-support
655 organization at a regularly scheduled meeting as being directly
656 related to the educational mission of the Florida College System
657 institution.
658 Section 8. Subsections (7) and (8) are added to section
659 1007.23, Florida Statutes, to read:
660 1007.23 Statewide articulation agreement.—
661 (7) The articulation agreement must specifically provide
662 for a reverse transfer agreement for Florida College System
663 associate in arts degree-seeking students who transfer to a
664 state university before earning an associate in arts degree.
665 Students must be awarded an associate in arts degree by the
666 Florida College System institution upon completion of degree
667 requirements at the state university if the student earned more
668 than 30 credit hours toward the associate in arts degree from
669 the Florida College System institution. State universities must
670 identify students who have completed the requirements for the
671 associate in arts degree and, upon student consent, transfer
672 credits earned at the state university back to the Florida
673 College System institution so that the associate in arts degree
674 may be awarded by the Florida College System institution.
675 (8) By the 2019-2020 academic year, to strengthen Florida’s
676 “2+2” system of articulation and improve student retention and
677 on-time graduation, each Florida College System institution
678 shall execute at least one “2+2” targeted pathway articulation
679 agreement with one or more state universities, and each state
680 university shall execute at least one such agreement with one or
681 more Florida College System institutions to establish “2+2”
682 targeted pathway programs. The agreement must provide students
683 who graduate with an associate in arts degree and who meet
684 specified requirements guaranteed access to the state university
685 and a degree program at that university, in accordance with the
686 terms of the “2+2” targeted pathway articulation agreement.
687 (a) To participate in a “2+2” targeted pathway program, a
688 student must:
689 1. Enroll in the program before completing 30 credit hours,
690 including, but not limited to, college credits earned through
691 articulated acceleration mechanisms pursuant to s. 1007.27;
692 2. Complete an associate in arts degree; and
693 3. Meet the university’s transfer requirements.
694 (b) A state university that executes a “2+2” targeted
695 pathway articulation agreement must meet the following
696 requirements in order to implement a “2+2” targeted pathway
697 program in collaboration with its partner Florida College System
698 institution:
699 1. Establish a 4-year, on-time graduation plan for a
700 baccalaureate degree program, including, but not limited to, a
701 plan for students to complete associate in arts degree programs,
702 general education courses, common prerequisite courses, and
703 elective courses;
704 2. Advise students enrolled in the program about the
705 university’s transfer and degree program requirements; and
706 3. Provide students who meet the requirements under this
707 paragraph with access to academic advisors and campus events and
708 with guaranteed admittance to the state university and a degree
709 program of the state university, in accordance with the terms of
710 the agreement.
711 (c) To assist the state universities and Florida College
712 System institutions with implementing the “2+2” targeted pathway
713 programs effectively, the State Board of Education and the Board
714 of Governors shall collaborate to eliminate barriers in
715 executing “2+2” targeted pathway articulation agreements.
716 Section 9. Subsection (11) of section 1007.25, Florida
717 Statutes, is amended to read:
718 1007.25 General education courses; common prerequisites;
719 other degree requirements.—
720 (11) Students at state universities may request an
721 associate in arts degree certificates if they have successfully
722 completed the minimum requirements for the degree of associate
723 in arts (A.A.). The university must grant the student an
724 associate in arts degree if the student has successfully
725 completed minimum requirements for the associate in arts degree,
726 as determined by the state university college-level
727 communication and computation skills adopted by the State Board
728 of Education and 60 academic semester hours or the equivalent
729 within a degree program area, including 36 semester hours in
730 general education courses in the subject areas of communication,
731 mathematics, social sciences, humanities, and natural sciences,
732 consistent with the general education requirements specified in
733 the articulation agreement pursuant to s. 1007.23. The
734 university must notify students of the criteria and process for
735 requesting an associate in arts degree during orientation.
736 Additional notification must be provided to each student
737 enrolled at the university upon completion of the requirements
738 for an associate in arts degree. Beginning with students
739 enrolled at the university in the 2018-2019 academic year and
740 thereafter, the university must also notify any student who has
741 not graduated from the university of the option and process to
742 request an associate in arts degree if that student has
743 completed the requirements for an associate in arts degree but
744 has not reenrolled at the university in the subsequent fall
745 semester and thereafter.
746 Section 10. Subsection (2) of section 1008.32, Florida
747 Statutes, is amended to read:
748 1008.32 State Board of Education oversight enforcement
749 authority.—The State Board of Education shall oversee the
750 performance of district school boards and Florida College System
751 institution boards of trustees in enforcement of all laws and
752 rules. District school boards and Florida College System
753 institution boards of trustees shall be primarily responsible
754 for compliance with law and state board rule.
755 (2)(a) The Commissioner of Education may investigate
756 allegations of noncompliance with law or state board rule and
757 determine probable cause. The commissioner shall report
758 determinations of probable cause to the State Board of Education
759 which shall require the district school board or Florida College
760 System institution board of trustees to document compliance with
761 law or state board rule.
762 (b) The Commissioner of Education shall report to the State
763 Board of Education any findings by the Auditor General that a
764 district school board or Florida College System institution is
765 acting without statutory authority or contrary to general law.
766 The State Board of Education shall require the district school
767 board or Florida College System institution board of trustees to
768 document compliance with such law.
769 Section 11. Subsection (3) of section 1008.322, Florida
770 Statutes, is amended to read:
771 1008.322 Board of Governors oversight enforcement
772 authority.—
773 (3)(a) The Chancellor of the State University System may
774 investigate allegations of noncompliance with any law or Board
775 of Governors’ rule or regulation and determine probable cause.
776 The chancellor shall report determinations of probable cause to
777 the Board of Governors, which may require the university board
778 of trustees to document compliance with the law or Board of
779 Governors’ rule or regulation.
780 (b) The Chancellor of the State University System shall
781 report to the Board of Governors any findings by the Auditor
782 General that a university is acting without statutory authority
783 or contrary to general law. The Board of Governors shall require
784 the university board of trustees to document compliance with
785 such law.
786 Section 12. Effective July 1, 2019, and upon the expiration
787 and reversion of the amendment made to section 1009.215, Florida
788 Statutes, pursuant to section 13 of chapter 2018-10, Laws of
789 Florida, subsection (3) of section 1009.215, Florida Statutes,
790 is amended to read:
791 1009.215 Student enrollment pilot program for the spring
792 and summer terms.—
793 (3) Students who are enrolled in the pilot program and who
794 are eligible to receive Bright Futures Scholarships under ss.
795 1009.53-1009.536 are shall be eligible to receive the
796 scholarship award for attendance during the spring and summer
797 terms. This student cohort is also eligible to receive Bright
798 Futures Scholarships during the fall term which may be used for
799 off-campus or online coursework, if Bright Futures Scholarship
800 funding is provided by the Legislature for three terms for other
801 eligible students during that academic year no more than 2
802 semesters or the equivalent in any fiscal year, including the
803 summer term.
804 Section 13. Subsection (2) of section 1009.286, Florida
805 Statutes, is amended to read:
806 1009.286 Additional student payment for hours exceeding
807 baccalaureate degree program completion requirements at state
808 universities.—
809 (2) State universities shall require a student to pay an
810 excess hour surcharge for each credit hour in excess of the
811 number of credit hours required to complete the baccalaureate
812 degree program in which the student is enrolled. Each university
813 must calculate an excess hour threshold for each student based
814 on the number of credit hours required for the degree. For any
815 student who changes degree programs, the excess hour threshold
816 must be adjusted only if the number of credit hours required to
817 complete the new degree program exceeds that of the original
818 degree program. The excess hour surcharge shall become effective
819 for students who enter a state university for the first time and
820 maintain continuous enrollment is as follows:
821 (a) For the 2009-2010 and 2010-2011 academic years, an
822 excess hour surcharge equal to 50 percent of the tuition rate
823 for each credit hour in excess of 120 percent.
824 (b) For the 2011-2012 academic year, an excess hour
825 surcharge equal to 100 percent of the tuition rate for each
826 credit hour in excess of 115 percent.
827 (c) For the 2012-2013 academic year through the 2019 spring
828 term and thereafter, an excess hour surcharge equal to 100
829 percent of the tuition rate for each credit hour in excess of
830 110 percent. For the 2019 summer term and thereafter, an excess
831 hour surcharge equal to 100 percent of the tuition rate for each
832 credit hour in excess of 120 percent. Notwithstanding the
833 requirements of this subsection, a state university shall refund
834 the excess hour surcharge assessed pursuant to this paragraph
835 for up to 12 credit hours to any first-time-in-college student
836 who completes a baccalaureate degree program within 4 years
837 after his or her initial enrollment in a state university.
838 Section 14. Subsections (1), (2), and (3), paragraph (a) of
839 subsection (4), subsection (5), and subsection (7) of section
840 1009.53, Florida Statutes, are amended to read:
841 1009.53 Florida Bright Futures Scholarship Program.—
842 (1) The Florida Bright Futures Scholarship Program is
843 created to establish a lottery-funded scholarship program to
844 reward any Florida high school graduate who merits recognition
845 of high academic achievement and who enrolls in a degree
846 program, certificate program, or applied technology program at
847 an eligible Florida public or private postsecondary education
848 institution within 3 years of graduation from high school.
849 (2) The Bright Futures Scholarship Program consists of four
850 three types of awards: the Florida Academic Scholarship, the
851 Florida Medallion Scholarship, the Florida Gold Seal CAPE
852 Scholarship, and the Florida Gold Seal Vocational Scholarship.
853 (3) The Department of Education shall administer the Bright
854 Futures Scholarship Program according to rules and procedures
855 established by the State Board of Education. A single
856 application must be sufficient for a student to apply for any of
857 the three types of awards. The department shall advertise the
858 availability of the scholarship program and shall notify
859 students, teachers, parents, certified school counselors, and
860 principals or other relevant school administrators of the
861 criteria and application procedures. The department must begin
862 this process of notification no later than January 1 of each
863 year.
864 (4) Funding for the Bright Futures Scholarship Program must
865 be allocated from the Education Enhancement Trust Fund and must
866 be provided before allocations from that fund are calculated for
867 disbursement to other educational entities.
868 (a) If funds appropriated are not adequate to provide the
869 maximum allowable award to each eligible applicant, awards in
870 all three components of the program must be prorated using the
871 same percentage reduction.
872 (5) The department shall issue awards from the scholarship
873 program annually. Annual awards may be for up to 45 semester
874 credit hours or the equivalent. Before the registration period
875 each semester, the department shall transmit payment for each
876 award to the president or director of the postsecondary
877 education institution, or his or her representative, except that
878 the department may withhold payment if the receiving institution
879 fails to report or to make refunds to the department as required
880 in this section.
881 (a) Within 30 days after the end of regular registration
882 each semester, the educational institution shall certify to the
883 department the eligibility status of each student who receives
884 an award. After the end of the drop and add period, an
885 institution is not required to reevaluate or revise a student’s
886 eligibility status; however, an institution must make a refund
887 to the department within 30 days after the end of the semester
888 of any funds received for courses dropped by a student or
889 courses from which a student has withdrawn after the end of the
890 drop and add period, unless the student has been granted an
891 exception by the department pursuant to subsection (11).
892 (b) An institution that receives funds from the program for
893 the fall and spring terms shall certify to the department the
894 amount of funds disbursed to each student and shall remit to the
895 department any undisbursed advances within 60 days after the end
896 of regular registration. An institution that receives funds from
897 the program for the summer term shall certify to the department
898 the amount of funds disbursed to each student and shall remit to
899 the department any undisbursed advances within 30 days after the
900 end of the summer term.
901 (c) Each institution that receives moneys through this
902 program shall provide for a financial audit, as defined in s.
903 11.45, conducted by an independent certified public accountant
904 or the Auditor General for each fiscal year in which the
905 institution expends program moneys in excess of $100,000. At
906 least every 2 years, the audit shall include an examination of
907 the institution’s administration of the program and the
908 institution’s accounting of the moneys for the program since the
909 last examination of the institution’s administration of the
910 program. The report on the audit must be submitted to the
911 department within 9 months after the end of the fiscal year. The
912 department may conduct its own annual audit of an institution’s
913 administration of the program. The department may request a
914 refund of any moneys overpaid to the institution for the
915 program. The department may suspend or revoke an institution’s
916 eligibility to receive future moneys for the program if the
917 department finds that an institution has not complied with this
918 section. The institution must remit within 60 days any refund
919 requested in accordance with this subsection.
920 (d) Any institution that is not subject to an audit
921 pursuant to this subsection shall attest, under penalty of
922 perjury, that the moneys were used in compliance with law. The
923 attestation shall be made annually in a form and format
924 determined by the department.
925 (7) A student may receive only one type of award from the
926 Florida Bright Futures Scholarship Program at any given a time,
927 but may transfer from one type of award to another through the
928 renewal application process, if the student’s eligibility status
929 changes. However, a student is not eligible to transfer from a
930 Florida Medallion Scholarship, a Florida Gold Seal CAPE
931 Scholarship, or a Florida Gold Seal Vocational Scholarship to a
932 Florida Academic Scholarship. A student who receives an award
933 from the program may also receive a federal family education
934 loan or a federal direct loan, and the value of the award must
935 be considered in the certification or calculation of the
936 student’s loan eligibility.
937 Section 15. Section 1009.531, Florida Statutes, is amended
938 to read:
939 1009.531 Florida Bright Futures Scholarship Program;
940 student eligibility requirements for initial awards.—
941 (1) In order to be eligible for an initial award from any
942 of the three types of scholarships under the Florida Bright
943 Futures Scholarship Program, a student must:
944 (a) Be a Florida resident as defined in s. 1009.40 and
945 rules of the State Board of Education.
946 (b) Earn a standard Florida high school diploma pursuant to
947 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282 or a high school
948 equivalency diploma pursuant to s. 1003.435 unless:
949 1. The student completes a home education program according
950 to s. 1002.41; or
951 2. The student earns a high school diploma from a non
952 Florida school while living with a parent or guardian who is on
953 military or public service assignment away from Florida; or
954 3. The student earns a high school diploma from a Florida
955 private school operating pursuant to s. 1002.42.
956 (c) Be accepted by and enroll in an eligible Florida public
957 or independent postsecondary education institution.
958 (d) Be enrolled for at least 6 semester credit hours or the
959 equivalent in quarter hours or clock hours.
960 (e) Not have been found guilty of, or entered a plea of
961 nolo contendere to, a felony charge, unless the student has been
962 granted clemency by the Governor and Cabinet sitting as the
963 Executive Office of Clemency.
964 (f) Apply for a scholarship from the program by high school
965 graduation. However, a student who graduates from high school
966 midyear must apply no later than December August 31 of the
967 student’s graduation year in order to be evaluated for and, if
968 eligible, receive an award for the current academic year.
969 (2)(a) A student graduating from high school prior to the
970 2010-2011 academic year is eligible to accept an initial award
971 for 3 years following high school graduation and to accept a
972 renewal award for 7 years following high school graduation. A
973 student who applies for an award by high school graduation and
974 who meets all other eligibility requirements, but who does not
975 accept his or her award, may reapply during subsequent
976 application periods up to 3 years after high school graduation.
977 For a student who enlists in the United States Armed Forces
978 immediately after completion of high school, the 3-year
979 eligibility period for his or her initial award shall begin upon
980 the date of separation from active duty. For a student who is
981 receiving a Florida Bright Futures Scholarship and discontinues
982 his or her education to enlist in the United States Armed
983 Forces, the remainder of his or her 7-year renewal period shall
984 commence upon the date of separation from active duty.
985 (b) Students graduating from high school in the 2010-2011
986 and 2011-2012 academic years are eligible to accept an initial
987 award for 3 years following high school graduation and to accept
988 a renewal award for 5 years following high school graduation. A
989 student who applies for an award by high school graduation and
990 who meets all other eligibility requirements, but who does not
991 accept his or her award, may reapply during subsequent
992 application periods up to 3 years after high school graduation.
993 For a student who enlists in the United States Armed Forces
994 immediately after completion of high school, the 3-year
995 eligibility period for his or her initial award and the 5-year
996 renewal period shall begin upon the date of separation from
997 active duty. For a student who is receiving a Florida Bright
998 Futures Scholarship award and discontinues his or her education
999 to enlist in the United States Armed Forces, the remainder of
1000 his or her 5-year renewal period shall commence upon the date of
1001 separation from active duty. If a course of study is not
1002 completed after 5 academic years, an exception of 1 year to the
1003 renewal timeframe may be granted due to a verifiable illness or
1004 other documented emergency pursuant to s. 1009.40(1)(b)4.
1005 (c) A student graduating from high school in the 2012-2013
1006 academic year and thereafter is eligible to receive an accept an
1007 initial award for 2 years following high school graduation and
1008 to accept a renewal award for 5 years following high school
1009 graduation. A student who applies for an award by high school
1010 graduation and who meets all other eligibility requirements, but
1011 who does not accept his or her award, may reapply during
1012 subsequent application periods up to 5 2 years after high school
1013 graduation. For a student who enlists in the United States Armed
1014 Forces immediately after completion of high school, the 2-year
1015 eligibility period for his or her initial award and the 5-year
1016 renewal period shall begin upon the date of separation from
1017 active duty. For a student who is receiving a Florida Bright
1018 Futures Scholarship award and discontinues his or her education
1019 to enlist in the United States Armed Forces, the remainder of
1020 his or her 5-year renewal period shall commence upon the date of
1021 separation from active duty. For a student who is unable to
1022 accept an initial award immediately after completion of high
1023 school due to a full-time religious or service obligation
1024 lasting at least 18 months which begins within 1 year after
1025 completion of high school, the 2-year eligibility period for his
1026 or her initial award and the 5-year renewal period begins begin
1027 upon the completion of his or her religious or service
1028 obligation. The organization sponsoring the full-time religious
1029 or service obligation must meet the requirements for nonprofit
1030 status under s. 501(c)(3) of the Internal Revenue Code or be a
1031 federal government service organization, including, but not
1032 limited to, the Peace Corps and AmeriCorps programs. The
1033 obligation must be documented in writing and verified by the
1034 entity for which the student completed the obligation on a
1035 standardized form prescribed by the department. If a course of
1036 study is not completed after 5 academic years, an exception of 1
1037 year to the renewal timeframe may be granted due to a verifiable
1038 illness or other documented emergency pursuant to s.
1039 1009.40(1)(b)4.
1040 (3) For purposes of calculating the grade point average to
1041 be used in determining initial eligibility for a Florida Bright
1042 Futures Scholarship, the department shall assign additional
1043 weights to grades earned in the following courses:
1044 (a) Courses identified in the course code directory as
1045 Advanced Placement, pre-International Baccalaureate,
1046 International Baccalaureate, International General Certificate
1047 of Secondary Education (pre-AICE), or Advanced International
1048 Certificate of Education.
1049 (b) Courses designated as academic dual enrollment courses
1050 in the statewide course numbering system.
1051
1052 The department may assign additional weights to courses, other
1053 than those described in paragraphs (a) and (b), that are
1054 identified by the Department of Education as containing rigorous
1055 academic curriculum and performance standards. The additional
1056 weight assigned to a course pursuant to this subsection shall
1057 not exceed 0.5 per course. The weighted system shall be
1058 developed and distributed to all high schools in the state prior
1059 to January 1, 1998. The department may determine a student’s
1060 eligibility status during the senior year before graduation and
1061 may inform the student of the award at that time.
1062 (4) Each school district shall annually provide to each
1063 high school student in grade 11 or 12 a complete and accurate
1064 Florida Bright Futures Scholarship Evaluation Report and Key.
1065 The report shall be disseminated at the beginning of each school
1066 year. The report must include all high school coursework
1067 attempted, the number of credits earned toward each type of
1068 award, and the calculation of the grade point average for each
1069 award. The report must also identify all requirements not met
1070 per award, including the grade point average requirement, as
1071 well as identify the awards for which the student has met the
1072 academic requirements. The student report cards must contain a
1073 disclosure that the grade point average calculated for purposes
1074 of the Florida Bright Futures Scholarship Program may differ
1075 from the grade point average on the report card.
1076 (5) A student who wishes to qualify for a particular award
1077 within the Florida Bright Futures Scholarship Program, but who
1078 does not meet all of the requirements for that level of award by
1079 the applicable deadlines, may be allowed additional time to
1080 complete the requirements, nevertheless, receive the award if
1081 the principal of the student’s school or the district
1082 superintendent verifies that the deficiency is caused by the
1083 fact that school district personnel provided inaccurate or
1084 incomplete information to the student. The school district must
1085 provide a means for the student to correct the deficiencies and
1086 the student must correct them, either by completing comparable
1087 work at the postsecondary institution or by completing a
1088 directed individualized study program developed and administered
1089 by the school district. If the student does not complete the
1090 requirements by December 31 immediately following high school
1091 graduation, the student is ineligible to participate in the
1092 program. If the student completes the requirements by December
1093 31, the student must receive the award for the full academic
1094 year, including the fall term.
1095 (6)(a) The State Board of Education shall publicize the
1096 examination score required for a student to be eligible for a
1097 Florida Academic Scholars award, pursuant to s. 1009.534(1)(a)
1098 or (b), as follows:
1099 1. For high school students graduating in the 2018-2019 and
1100 2019-2020 academic years, a student must achieve an SAT combined
1101 score of 1290 or an ACT composite score of 29.
1102 2. For high school students graduating in the 2020-2021
1103 academic year and thereafter, a student must achieve the
1104 required examination scores published by the department, which
1105 are determined as provided in subsection (c) High school
1106 students must earn an SAT score of 1290 which corresponds to the
1107 89th SAT percentile rank or a concordant ACT score of 29.
1108 (b) The State Board of Education shall publicize the
1109 examination score required for a student to be eligible for a
1110 Florida Medallion Scholars award, pursuant to s. 1009.535(1)(a)
1111 or (b), as follows:
1112 1. For high school students graduating in the 2018-2019 and
1113 2019-2020 academic years, a student must achieve an SAT combined
1114 score of 1170 or an ACT composite score of 26.
1115 2. For high school students graduating in the 2020-2021
1116 academic year and thereafter, a student must achieve the
1117 required examination scores published by the department, which
1118 are determined as provided in subsection (c) High school
1119 students must earn an SAT score of 1170 which corresponds to the
1120 75th SAT percentile rank or a concordant ACT score of 26.
1121 (c) To ensure that the required examination scores
1122 represent top student performance and are equivalent between the
1123 SAT and ACT, the department shall develop a method for
1124 determining the required examination scores which incorporates
1125 all of the following:
1126 1. The minimum required SAT score for the Florida Academic
1127 Scholarship must be set no lower than the 89th national
1128 percentile on the SAT. The department may adjust the required
1129 SAT score only if the required score drops below the 89th
1130 national percentile, and any such adjustment must be applied to
1131 the bottom of the SAT score range that is concordant to the ACT.
1132 2. The minimum required SAT score for the Florida Medallion
1133 Scholarship must be set no lower than the 75th national
1134 percentile on the SAT. The department may adjust the required
1135 SAT score only if the required score drops below the 75th
1136 national percentile, and any such adjustment must be made to the
1137 bottom of the SAT score range that is concordant to the ACT.
1138 3. The required ACT scores must be made concordant to the
1139 required SAT scores, using the latest published national
1140 concordance table developed jointly by the College Board and
1141 ACT, Inc.
1142 (d) Before each school year, the department shall publish
1143 any changes to the examination score requirements that apply to
1144 students graduating in the next 2 years The SAT percentile ranks
1145 and corresponding SAT scores specified in paragraphs (a) and (b)
1146 are based on the SAT percentile ranks for 2010 college-bound
1147 seniors in critical reading and mathematics as reported by the
1148 College Board. The next highest SAT score is used when the
1149 percentile ranks do not directly correspond.
1150 Section 16. Section 1009.532, Florida Statutes, is amended
1151 to read:
1152 1009.532 Florida Bright Futures Scholarship Program;
1153 student eligibility requirements for renewal awards.—
1154 (1) To be eligible to renew a scholarship from any of the
1155 three types of scholarships under the Florida Bright Futures
1156 Scholarship Program, a student must:
1157 (a) Effective for students funded in the 2009-2010 academic
1158 year and thereafter, earn at least 24 semester credit hours or
1159 the equivalent in the last academic year in which the student
1160 earned a scholarship if the student was enrolled full time, or a
1161 prorated number of credit hours as determined by the Department
1162 of Education if the student was enrolled less than full time for
1163 any part of the academic year. For students initially eligible
1164 prior to the 2010-2011 academic term, if a student fails to earn
1165 the minimum number of hours required to renew the scholarship,
1166 the student shall lose his or her eligibility for renewal for a
1167 period equivalent to 1 academic year. Such student is eligible
1168 to restore the award the following academic year if the student
1169 earns the hours for which he or she was enrolled at the level
1170 defined by the department and meets the grade point average for
1171 renewal. A student is eligible for such restoration one time.
1172 The department shall notify eligible recipients of the
1173 provisions of this paragraph. Each institution shall notify
1174 award recipients of the provisions of this paragraph during the
1175 registration process.
1176 (b) Maintain the cumulative grade point average required by
1177 the scholarship program, except that:
1178 1. If a recipient’s grades fall beneath the average
1179 required to renew a Florida Academic Scholarship, but are
1180 sufficient to renew a Florida Medallion Scholarship, a Florida
1181 Gold Seal CAPE Scholarship, or a Florida Gold Seal Vocational
1182 Scholarship, the Department of Education may grant a renewal
1183 from one of those other scholarship programs, if the student
1184 meets the renewal eligibility requirements;
1185 2. For students initially eligible prior to the 2010-2011
1186 academic term, if at any time during the eligibility period a
1187 student’s grades are insufficient to renew the scholarship, the
1188 student may restore eligibility by improving the grade point
1189 average to the required level. A student is eligible for such a
1190 restoration one time. The Legislature encourages education
1191 institutions to assist students to calculate whether or not it
1192 is possible to raise the grade point average during the summer
1193 term. If the institution determines that it is possible, the
1194 education institution may so inform the department, which may
1195 reserve the student’s award if funds are available. The renewal,
1196 however, must not be granted until the student achieves the
1197 required cumulative grade point average. If the summer term is
1198 not sufficient to raise the grade point average to the required
1199 renewal level, the student’s next opportunity for renewal is the
1200 fall semester of the following academic year; or
1201 2.3. For students initially eligible in the 2010-2011
1202 academic term and thereafter, if at any time during a student’s
1203 first academic year the student’s grades are insufficient to
1204 renew the scholarship, the student may restore eligibility by
1205 improving the grade point average to the required level. A
1206 student is eligible for such a restoration one time. The
1207 Legislature encourages education institutions to assist students
1208 to calculate whether or not it is possible to raise the grade
1209 point average during the summer term. If the education
1210 institution determines that it is possible, the institution may
1211 so inform the department, which may reserve the student’s award
1212 if funds are available. The renewal, however, must not be
1213 granted until the student achieves the required cumulative grade
1214 point average. If the summer term is not sufficient to raise the
1215 grade point average to the required renewal level, the student’s
1216 next opportunity for renewal is the fall semester of the
1217 following academic year.
1218 (c) Reimburse or make satisfactory arrangements to
1219 reimburse the institution for the award amount received for
1220 courses dropped after the end of the drop and add period or
1221 courses from which the student withdraws after the end of the
1222 drop and add period unless the student has received an exception
1223 pursuant to s. 1009.53(11).
1224 (2) For students initially eligible in the 2010-2011
1225 academic term and thereafter, and unless otherwise provided in
1226 this section, if a student does not meet the requirements for
1227 renewal of a scholarship because of lack of completion of
1228 sufficient credit hours or insufficient grades, the scholarship
1229 shall be renewed only if the student failed to complete
1230 sufficient credit hours or to meet sufficient grade requirements
1231 due to verifiable illness or other documented emergency, in
1232 which case the student may be granted an exception from academic
1233 requirements pursuant to s. 1009.40(1)(b)4.
1234 (3)(a) A student who is initially eligible prior to the
1235 2010-2011 academic year and is enrolled in a program that
1236 terminates in an associate degree or a baccalaureate degree may
1237 receive an award for a maximum of 110 percent of the number of
1238 credit hours required to complete the program. A student who is
1239 enrolled in a program that terminates in a career certificate
1240 may receive an award for a maximum of 110 percent of the credit
1241 hours or clock hours required to complete the program up to 90
1242 credit hours.
1243 (b) Students who are initially eligible in the 2010-2011
1244 and 2011-2012 academic years may receive an award for a maximum
1245 of 100 percent of the number of credit hours required to
1246 complete an associate degree program or a baccalaureate degree
1247 program or receive an award for a maximum of 100 percent of the
1248 credit hours or clock hours required to complete up to 90 credit
1249 hours of a program that terminates in a career certificate.
1250 (a)(c) A student who is initially eligible in the 2012-2013
1251 academic year and thereafter may receive an award for a maximum
1252 of 100 percent of the number of credit hours required to
1253 complete an associate degree program, a baccalaureate degree
1254 program, or a postsecondary career certificate program or, for a
1255 Florida Gold Seal Vocational Scholars award, may receive an
1256 award for a maximum of 100 percent of the number of credit hours
1257 or equivalent clock hours required to complete one of the
1258 following at a Florida public or nonpublic education institution
1259 that offers these specific programs: for an applied technology
1260 diploma program as defined in s. 1004.02(7), up to 60 credit
1261 hours or equivalent clock hours; for a technical degree
1262 education program as defined in s. 1004.02(13), up to the number
1263 of hours required for a specific degree not to exceed 72 credit
1264 hours or equivalent clock hours; or for a career certificate
1265 program as defined in s. 1004.02(20), up to the number of hours
1266 required for a specific certificate not to exceed 72 credit
1267 hours or equivalent clock hours. A student who transfers from
1268 one of these program levels to another program level becomes
1269 eligible for the higher of the two credit hour limits.
1270 (b)(d)1. A student who is initially eligible in the 2017
1271 2018 academic year and thereafter for a Florida Gold Seal CAPE
1272 Scholars award under s. 1009.536(2) may receive an award for a
1273 maximum of 100 percent of the number of credit hours or
1274 equivalent clock hours required to complete one of the following
1275 at a Florida public or nonpublic education institution that
1276 offers these specific programs: for an applied technology
1277 diploma program as defined in s. 1004.02(7), up to 60 credit
1278 hours or equivalent clock hours; for a technical degree
1279 education program as defined in s. 1004.02(13), up to the number
1280 of hours required for a specific degree, not to exceed 72 credit
1281 hours or equivalent clock hours; or for a career certificate
1282 program as defined in s. 1004.02(20), up to the number of hours
1283 required for a specific certificate, not to exceed 72 credit
1284 hours or equivalent clock hours. A student who transfers from
1285 one of these program levels to another program level is eligible
1286 for the higher of the two credit hour limits.
1287 2. A Florida Gold Seal CAPE Scholar who completes a
1288 technical degree education program as defined in s. 1004.02(13)
1289 may also receive an award for:
1290 a. A maximum of 60 credit hours for a bachelor of science
1291 degree program for which there is a statewide associate in
1292 science degree program to bachelor of science degree program
1293 articulation agreement; or
1294 b. A maximum of 60 credit hours for a bachelor of applied
1295 science degree program at a Florida College System institution.
1296 (4) A student who receives an initial award during the
1297 spring term shall be evaluated for scholarship renewal after the
1298 completion of a full academic year, which begins with the fall
1299 term.
1300 (5) A student who receives an award and is subsequently
1301 determined ineligible due to updated grade or hour information
1302 may not receive a disbursement for a subsequent term, unless the
1303 student successfully restores the award.
1304 Section 17. Subsections (3), (4), and (5) of section
1305 1009.536, Florida Statutes, are amended to read:
1306 1009.536 Florida Gold Seal Vocational Scholars and Florida
1307 Gold Seal CAPE Scholars awards.—The Florida Gold Seal Vocational
1308 Scholars award and the Florida Gold Seal CAPE Scholars award are
1309 created within the Florida Bright Futures Scholarship Program to
1310 recognize and reward academic achievement and career preparation
1311 by high school students who wish to continue their education.
1312 (3) A Florida Gold Seal Vocational Scholar or a Florida
1313 Gold Seal CAPE Scholar who is enrolled in a public or nonpublic
1314 postsecondary education institution is eligible for an award
1315 equal to the amount specified in the General Appropriations Act
1316 to assist with the payment of educational expenses.
1317 (4) To be eligible for a renewal award as a Florida Gold
1318 Seal Vocational Scholar or a Florida Gold Seal CAPE Scholar, a
1319 student must maintain the equivalent of a cumulative grade point
1320 average of 2.75 on a 4.0 scale with an opportunity for
1321 restoration one time as provided in this chapter.
1322 (5)(a) A student who is initially eligible prior to the
1323 2010-2011 academic year may earn a Florida Gold Seal Vocational
1324 Scholarship for 110 percent of the number of credit hours
1325 required to complete the program, up to 90 credit hours or the
1326 equivalent.
1327 (b) Students who are initially eligible in the 2010-2011
1328 and 2011-2012 academic years may earn a Florida Gold Seal
1329 Vocational Scholarship for 100 percent of the number of credit
1330 hours required to complete the program, up to 90 credit hours or
1331 the equivalent.
1332 (c) A student who is initially eligible in the 2012-2013
1333 academic year and thereafter may earn a Florida Gold Seal
1334 Vocational Scholarship for a maximum of 100 percent of the
1335 number of credit hours or equivalent clock hours required to
1336 complete one of the following at a Florida public or nonpublic
1337 education institution that offers these specific programs: for
1338 an applied technology diploma program as defined in s.
1339 1004.02(7), up to 60 credit hours or equivalent clock hours; for
1340 a technical degree education program as defined in s.
1341 1004.02(13), up to the number of hours required for a specific
1342 degree not to exceed 72 credit hours or equivalent clock hours;
1343 or for a career certificate program as defined in s.
1344 1004.02(20), up to the number of hours required for a specific
1345 certificate not to exceed 72 credit hours or equivalent clock
1346 hours.
1347 (b)(d)1. A student who is initially eligible in the 2017
1348 2018 academic year and thereafter for a Florida Gold Seal CAPE
1349 Scholars award under subsection (2) may receive an award for a
1350 maximum of 100 percent of the number of credit hours or
1351 equivalent clock hours required to complete one of the following
1352 at a Florida public or nonpublic education institution that
1353 offers these specific programs: for an applied technology
1354 diploma program as defined in s. 1004.02(7), up to 60 credit
1355 hours or equivalent clock hours; for a technical degree
1356 education program as defined in s. 1004.02(13), up to the number
1357 of hours required for a specific degree, not to exceed 72 credit
1358 hours or equivalent clock hours; or for a career certificate
1359 program as defined in s. 1004.02(20), up to the number of hours
1360 required for a specific certificate, not to exceed 72 credit
1361 hours or equivalent clock hours. A student who transfers from
1362 one of these program levels to another program level is eligible
1363 for the higher of the two credit hour limits.
1364 2. A Florida Gold Seal CAPE Scholar who completes a
1365 technical degree education program as defined in s. 1004.02(13)
1366 may also receive an award for:
1367 a. A maximum of 60 credit hours for a bachelor of science
1368 degree program for which there is a statewide associate in
1369 science degree program to bachelor of science degree program
1370 articulation agreement; or
1371 b. A maximum of 60 credit hours for a bachelor of applied
1372 science degree program at a Florida College System institution.
1373 Section 18. Section 1011.45, Florida Statutes, is amended
1374 to read:
1375 1011.45 End of year balance of funds.—Unexpended amounts in
1376 any fund in a university current year operating budget shall be
1377 carried forward and included as the balance forward for that
1378 fund in the approved operating budget for the following year.
1379 (1) Each university shall maintain a minimum carry forward
1380 balance of at least 7 percent of its state operating budget. If
1381 a university fails to maintain a 7 percent balance in state
1382 operating funds, the university shall submit a plan to the Board
1383 of Governors to attain the minimum percent balance of state
1384 operating funds within the next fiscal year.
1385 (2) Each university that retains a state operating fund
1386 carry forward balance in excess of the 7 percent minimum shall
1387 submit a spending plan for its excess carry forward balance. The
1388 spending plan shall be submitted to the university’s board of
1389 trustees for approval and publishing by September 1, 2019, and
1390 each September 1 thereafter. The Board of Governors shall
1391 publish each university’s carry forward spending plan by October
1392 1, 2019, and each October 1 thereafter.
1393 (3) A university’s carry forward spending plan shall
1394 include the estimated cost per planned expenditure and a
1395 timeline for completion of the expenditure, when appropriate.
1396 Authorized expenditures in a carry forward spending plan may
1397 include:
1398 (a) Commitment of funds to a public education capital
1399 outlay project for which an appropriation was previously
1400 provided that requires additional funds for completion and which
1401 is included in the list required by s. 1001.706(12)(d);
1402 (b) Completion of a renovation, repair, or maintenance
1403 project that is consistent with the provisions of s. 1013.64(1),
1404 up to $5 million per project;
1405 (c) Completion of a remodeling or infrastructure project,
1406 including a project for a development research school, up to $10
1407 million per project, if such project is survey recommended
1408 pursuant to s. 1013.31;
1409 (d) Completion of a repair or replacement project necessary
1410 due to damage caused by a natural disaster for buildings
1411 included in the inventory required pursuant to s. 1013.31;
1412 (e) Operating expenditures that support the university
1413 mission and that are nonrecurring; and
1414 (f) Any purpose approved by the board or specified in the
1415 General Appropriations Act.
1416 (4) Annually, by August 15, the chief financial officer of
1417 each university shall certify the unexpended amount of funds
1418 appropriated to the university from the General Revenue Fund,
1419 the Educational Enhancement Trust Fund, and the
1420 Education/General Student and Other Fees Trust Fund as of June
1421 30 of the previous fiscal year.
1422 Section 19. Paragraph (b) of subsection (6) of section
1423 1011.80, Florida Statutes, is amended to read:
1424 1011.80 Funds for operation of workforce education
1425 programs.—
1426 (6)
1427 (b) Performance funding for industry certifications for
1428 school district workforce education programs is contingent upon
1429 specific appropriation in the General Appropriations Act and
1430 shall be determined as follows:
1431 1. Occupational areas for which industry certifications may
1432 be earned, as established in the General Appropriations Act, are
1433 eligible for performance funding. Priority shall be given to the
1434 occupational areas emphasized in state, national, or corporate
1435 grants provided to Florida educational institutions.
1436 2. The Chancellor of Career and Adult Education shall
1437 identify the industry certifications eligible for funding on the
1438 CAPE Postsecondary Industry Certification Funding List approved
1439 by the State Board of Education pursuant to s. 1008.44, based on
1440 the occupational areas specified in the General Appropriations
1441 Act.
1442 3. Each school district shall be provided $1,000 for each
1443 industry certification earned by a workforce education student.
1444 The maximum amount of funding appropriated for performance
1445 funding pursuant to this paragraph shall be limited to $15
1446 million annually. If funds are insufficient to fully fund the
1447 calculated total award, such funds shall be prorated.
1448 Section 20. Section 1011.802, Florida Statutes, is created
1449 to read:
1450 1011.802 Florida Pathways to Career Opportunities Grant
1451 Program.—
1452 (1) Subject to appropriations provided in the General
1453 Appropriations Act, the Florida Pathways to Career Opportunities
1454 Grant Program is created to provide grants to high schools,
1455 career centers, charter technical career centers, Florida
1456 College System institutions, and other entities authorized to
1457 sponsor an apprenticeship or preapprenticeship program, as
1458 defined in s. 446.021, on a competitive basis to establish new
1459 apprenticeship or preapprenticeship programs and expand existing
1460 apprenticeship or preapprenticeship programs. The Department of
1461 Education shall administer the grant program.
1462 (2) Applications must contain projected enrollment and
1463 projected costs for the new or expanded apprenticeship program.
1464 (3) The department shall give priority to apprenticeship
1465 programs with demonstrated regional demand. Grant funds may be
1466 used for instructional equipment, supplies, personnel, student
1467 services, and other expenses associated with the creation or
1468 expansion of an apprenticeship program. Grant funds may not be
1469 used for recurring instructional costs or for indirect costs.
1470 Grant recipients must submit quarterly reports in a format
1471 prescribed by the department.
1472 (4) The State Board of Education may adopt rules to
1473 administer this section.
1474 Section 21. Paragraph (c) of subsection (2) of section
1475 1011.81, Florida Statutes, is amended to read:
1476 1011.81 Florida College System Program Fund.—
1477 (2) Performance funding for industry certifications for
1478 Florida College System institutions is contingent upon specific
1479 appropriation in the General Appropriations Act and shall be
1480 determined as follows:
1481 (c) Each Florida College System institution shall be
1482 provided $1,000 for each industry certification earned by a
1483 student. The maximum amount of funding appropriated for
1484 performance funding pursuant to this subsection shall be limited
1485 to $15 million annually. If funds are insufficient to fully fund
1486 the calculated total award, such funds shall be prorated.
1487 Section 22. Paragraph (e) of subsection (3) of section
1488 1011.84, Florida Statutes, is amended to read:
1489 1011.84 Procedure for determining state financial support
1490 and annual apportionment of state funds to each Florida College
1491 System institution district.—The procedure for determining state
1492 financial support and the annual apportionment to each Florida
1493 College System institution district authorized to operate a
1494 Florida College System institution under the provisions of s.
1495 1001.61 shall be as follows:
1496 (3) DETERMINING THE APPORTIONMENT FROM STATE FUNDS.—
1497 (e) If at any time the unencumbered balance in the general
1498 fund of the Florida College System institution board of trustees
1499 approved operating budget goes below 5 percent for a Florida
1500 College System institution with a final FTE less than 15,000 for
1501 the prior year, or below 7 percent for a Florida College System
1502 institution with a final FTE of 15,000 or greater for the prior
1503 year, the president shall provide written notification to the
1504 State Board of Education. Annually, by August 15, the chief
1505 financial officer of each Florida College System institution
1506 shall certify the unexpended amount of state funds remaining in
1507 the general fund of an institution as of June 30 of the previous
1508 fiscal year.
1509 Section 23. Subsection (2) of section 1013.03, Florida
1510 Statutes, is amended to read:
1511 1013.03 Functions of the department and the Board of
1512 Governors.—The functions of the Department of Education as it
1513 pertains to educational facilities of school districts and
1514 Florida College System institutions and of the Board of
1515 Governors as it pertains to educational facilities of state
1516 universities shall include, but not be limited to, the
1517 following:
1518 (2) Establish, for the purpose of determining need,
1519 equitably uniform utilization standards for all types of like
1520 space, regardless of the level of education, that includes
1521 standards for post-secondary classroom and teaching laboratory
1522 space. These standards shall also establish, for postsecondary
1523 education classrooms, a minimum room utilization rate of 40
1524 hours per week and a minimum station utilization rate of 60
1525 percent. These rates shall be subject to increase based on
1526 national norms for utilization of postsecondary education
1527 classrooms. The State Board of Education and the Board of
1528 Governors shall adopt standards, with justification, for use in
1529 each Florida College System institution’s survey and state
1530 university’s survey, respectively, as applied pursuant to s.
1531 1013.31.
1532 (a) The boards must define and apply, at minimum, the
1533 following space utilization metrics when calculating space need:
1534 1. For postsecondary education classroom space, a minimum
1535 room utilization rate and a minimum station utilization rate.
1536 2. For postsecondary education nonvocational, teaching
1537 laboratory space, a minimum room utilization rate and a minimum
1538 station utilization rate.
1539 (b) Each state university and Florida College System
1540 institution shall determine full-time equivalent enrollment
1541 estimate adjustments to account for online students.
1542 (c) By January 1, 2021, the Board of Governors for state
1543 universities and the State Board of Education for Florida
1544 College System institutions shall each provide on its website
1545 the most recent summary survey data by state university or
1546 Florida College System institution, as applicable, showing space
1547 needs met for each campus by type of space. The format shall be
1548 consistent across all state universities and all Florida College
1549 System institutions.
1550 Section 24. Paragraph (c) of subsection (1) of section
1551 1013.31, Florida Statutes, is amended to read:
1552 1013.31 Educational plant survey; localized need
1553 assessment; PECO project funding.—
1554 (1) At least every 5 years, each board shall arrange for an
1555 educational plant survey, to aid in formulating plans for
1556 housing the educational program and student population, faculty,
1557 administrators, staff, and auxiliary and ancillary services of
1558 the district or campus, including consideration of the local
1559 comprehensive plan. The Department of Education shall document
1560 the need for additional career and adult education programs and
1561 the continuation of existing programs before facility
1562 construction or renovation related to career or adult education
1563 may be included in the educational plant survey of a school
1564 district or Florida College System institution that delivers
1565 career or adult education programs. Information used by the
1566 Department of Education to establish facility needs must
1567 include, but need not be limited to, labor market data, needs
1568 analysis, and information submitted by the school district or
1569 Florida College System institution.
1570 (c) Required need assessment criteria for district, Florida
1571 College System institution, state university, and Florida School
1572 for the Deaf and the Blind plant surveys.—Educational plant
1573 surveys must use uniform data sources and criteria specified in
1574 this paragraph. Each revised educational plant survey and each
1575 new educational plant survey supersedes previous surveys.
1576 1. The school district’s survey must be submitted as a part
1577 of the district educational facilities plan defined in s.
1578 1013.35. To ensure that the data reported to the Department of
1579 Education as required by this section is correct, the department
1580 shall annually conduct an onsite review of 5 percent of the
1581 facilities reported for each school district completing a new
1582 survey that year. If the department’s review finds the data
1583 reported by a district is less than 95 percent accurate, within
1584 1 year from the time of notification by the department the
1585 district must submit revised reports correcting its data. If a
1586 district fails to correct its reports, the commissioner may
1587 direct that future fixed capital outlay funds be withheld until
1588 such time as the district has corrected its reports so that they
1589 are not less than 95 percent accurate.
1590 2. Each survey of a special facility, joint-use facility,
1591 or cooperative career education facility must be based on
1592 capital outlay full-time equivalent student enrollment data
1593 prepared by the department for school districts and Florida
1594 College System institutions and by the Chancellor of the State
1595 University System for universities. A survey of space needs of a
1596 joint-use facility shall be based upon the respective space
1597 needs of the school districts, Florida College System
1598 institutions, and universities, as appropriate. Projections of a
1599 school district’s facility space needs may not exceed the norm
1600 space and occupant design criteria established by the State
1601 Requirements for Educational Facilities.
1602 3. Each Florida College System institution’s survey must
1603 reflect the capacity of existing facilities as specified in the
1604 inventory maintained by the Department of Education. Projections
1605 of facility space needs must comply with standards for
1606 determining space needs as specified by rule of the State Board
1607 of Education, consistent with the standards and metrics adopted
1608 pursuant to s. 1013.03(2)(a). The 5-year projection of capital
1609 outlay student enrollment must be consistent with the annual
1610 report of capital outlay full-time student enrollment prepared
1611 by the Department of Education.
1612 4. Each state university’s survey must reflect the capacity
1613 of existing facilities as specified in the inventory maintained
1614 and validated by the Chancellor of the State University System.
1615 Projections of facility space needs must be consistent with
1616 standards for determining space needs as specified by regulation
1617 of the Board of Governors, consistent with the standards and
1618 metrics adopted pursuant to s. 1013.03(2)(a). The projected
1619 capital outlay full-time equivalent student enrollment must be
1620 consistent with the 5-year planned enrollment cycle for the
1621 State University System approved by the Board of Governors.
1622 5. The district educational facilities plan of a school
1623 district and the educational plant survey of a Florida College
1624 System institution, state university, or the Florida School for
1625 the Deaf and the Blind may include space needs that deviate from
1626 approved standards for determining space needs if the deviation
1627 is justified by the district or institution and approved by the
1628 department or the Board of Governors, as appropriate, as
1629 necessary for the delivery of an approved educational program.
1630 Section 25. Subsection (4) of section 1013.40, Florida
1631 Statutes, is amended to read:
1632 1013.40 Planning and construction of Florida College System
1633 institution facilities; property acquisition.—
1634 (4) The campus of a Florida College System institution
1635 within a municipality designated as an area of critical state
1636 concern, as defined in s. 380.05, and having a comprehensive
1637 plan and land development regulations containing a building
1638 permit allocation system that limits annual growth, may
1639 construct dormitories for up to 300 beds for Florida College
1640 System institution students. Such dormitories are exempt from
1641 the building permit allocation system and may be constructed up
1642 to 45 feet in height if the dormitories are otherwise consistent
1643 with the comprehensive plan, the Florida College System
1644 institution has a hurricane evacuation plan that requires all
1645 dormitory occupants to be evacuated 48 hours in advance of
1646 tropical force winds, and transportation is provided for
1647 dormitory occupants during an evacuation. State funds and
1648 tuition and fee revenues may not be used for construction, debt
1649 service payments, maintenance, or operation of such dormitories.
1650 Additional dormitory beds constructed after July 1, 2016, may
1651 not be financed through the issuance of bonds by the Florida
1652 College System institution; however, bonds may be issued by
1653 nonpublic entities as part of a public-private partnership
1654 between the college and a nonpublic entity.
1655 Section 26. Subsections (2) and (3) of section 1013.60,
1656 Florida Statutes, are renumbered as subsections (3) and (4),
1657 respectively, subsection (1) of that section is amended, and a
1658 new subsection (2) is added to that section, to read:
1659 1013.60 Legislative capital outlay budget request.—
1660 (1) The Commissioner of Education shall develop a budget
1661 request allocation plan procedure deemed appropriate in arriving
1662 at the appropriate amounts required to fund each project
1663 projects as reflected in the integrated, comprehensive budget
1664 request required by this section. The official estimates for
1665 funds accruing to the Public Education Capital Outlay and Debt
1666 Service Trust Fund made by the Revenue Estimating Conference
1667 shall be used in determining the budget request pursuant to this
1668 section. The commissioner, in consultation with the
1669 appropriations committees of the Legislature, shall provide
1670 annually an estimate of funds that shall be utilized by Florida
1671 College System institutions and universities in developing their
1672 required 3-year prioritized priority lists pursuant to s.
1673 1013.64.
1674 (2) The commissioner shall include with the submission of
1675 each updated budget request allocation plan an assessment over
1676 the 3 years of the plan of the amount of state funding needed to
1677 complete previously funded projects compared to the amount of
1678 funds provided in the Public Education Capital Outlay and Debt
1679 Service Trust Fund for projects funded in a prior year and which
1680 require additional state funds for completion.
1681 Section 27. Paragraph (a) of subsection (4) of section
1682 1013.64, Florida Statutes, is amended, and paragraphs (i) and
1683 (j) are added to subsection (1) of that section, to read:
1684 1013.64 Funds for comprehensive educational plant needs;
1685 construction cost maximums for school district capital
1686 projects.—Allocations from the Public Education Capital Outlay
1687 and Debt Service Trust Fund to the various boards for capital
1688 outlay projects shall be determined as follows:
1689 (1)
1690 (i) The Board of Governors shall specify by regulation the
1691 procedures for the reporting of funds appropriated or expended
1692 pursuant to this section or s. 1011.45. Each university shall
1693 report the amounts expended by the university from all sources,
1694 including, but not limited to, the Public Education Capital
1695 Outlay and Debt Service Trust Fund and carry forward funds.
1696 (j) The State Board of Education shall specify by rule the
1697 procedures for the reporting of funds appropriated or expended
1698 pursuant to this section or s. 1013.841. Each Florida College
1699 System institution shall report the amounts expended by the
1700 institution from all sources, including, but not limited to, the
1701 Public Education Capital Outlay and Debt Service Trust Fund and
1702 carry forward funds.
1703 (4)(a) Florida College System institution boards of
1704 trustees and university boards of trustees shall receive funds
1705 for projects based on a 3-year prioritized priority list, to be
1706 updated annually, which is submitted to the Legislature in the
1707 legislative budget request at least 90 days before prior to the
1708 legislative session. The State Board of Education shall submit a
1709 3-year prioritized priority list for Florida College System
1710 institutions, and the Board of Governors shall submit a 3-year
1711 prioritized priority list for universities to the Legislature
1712 not later than 60 days before each regular legislative session
1713 which shall be updated upon request after subsequent estimating
1714 conferences. The sum of each year’s project lists must consider
1715 the total amount to be distributed for construction and
1716 renovation provided for each year pursuant to the 3-year budget
1717 request allocation plan developed by the Commissioner of
1718 Education pursuant to s. 1013.60. The lists shall reflect
1719 decisions by the State Board of Education pursuant to s. 1001.03
1720 for Florida College System institutions and the Board of
1721 Governors pursuant to s. 1001.706 for state universities
1722 concerning program priorities that implement the statewide plan
1723 for program growth and quality improvement in education. No
1724 remodeling or renovation project shall be included on the 3-year
1725 priority list unless the project has been recommended pursuant
1726 to s. 1013.31 or is for the purpose of correcting health and
1727 safety deficiencies. No new construction project shall be
1728 included on the first year of the 3-year priority list unless
1729 the educational specifications have been approved by the
1730 commissioner for a Florida College System institution project or
1731 by the Board of Governors for a university project, as
1732 applicable. The funds requested for a new construction project
1733 in the first year of the 3-year priority list shall be in
1734 conformance with the scope of the project as defined in the
1735 educational specifications. Any new construction project
1736 requested in the first year of the 3-year priority list which is
1737 not funded by the Legislature shall be carried forward to be
1738 listed first in developing the updated 3-year priority list for
1739 the subsequent year’s capital outlay budget. Should the order of
1740 the priority of the projects change from year to year, a
1741 justification for such change shall be included with the updated
1742 priority list.
1743 Section 28. Section 1013.841, Florida Statutes, is created
1744 to read:
1745 1013.841 End of year balance of Florida College System
1746 institution funds.—
1747 (1) Unexpended amounts in any fund in any Florida College
1748 System institution current year state operating budget shall be
1749 carried forward and included as the balance forward for that
1750 fund in the approved operating budget for the following year.
1751 (2)(a) Each Florida College System institution with a final
1752 FTE less than 15,000 for the prior year shall maintain a minimum
1753 carry forward balance of at least 5 percent of its state
1754 operating budget. If a Florida College System institution fails
1755 to maintain a 5 percent balance in state operating funds, the
1756 president shall provide written notification to the State Board
1757 of Education.
1758 (b) Each Florida College System institution with a final
1759 FTE less than 15,000 for the prior year that retains a state
1760 operating fund carry forward balance in excess of the 5 percent
1761 minimum shall submit a spending plan for its excess carry
1762 forward balance. The spending plan shall include all excess
1763 carry forward funds from state operating funds. The spending
1764 plan shall be submitted to the Florida College System
1765 institution’s board of trustees for approval and publishing by
1766 September 1, 2019, and each September 1 thereafter.
1767 (3)(a) Each Florida College System institution with a final
1768 FTE of 15,000 or greater for the prior year shall maintain a
1769 minimum carry forward balance of at least 7 percent of its state
1770 operating budget. If a Florida College System institution fails
1771 to maintain a 7 percent balance in state operating funds, the
1772 institution shall submit a plan to the State Board of Education
1773 to attain the minimum balance.
1774 (b) Each Florida College System institution with a final
1775 FTE of 15,000 or greater for the prior year that retains a state
1776 operating fund carry forward balance in excess of the 7 percent
1777 minimum shall submit a spending plan for its excess carry
1778 forward balance. The spending plan shall include all excess
1779 carry forward funds from state operating funds. The spending
1780 plan shall be submitted to the Florida College System
1781 institution’s board of trustees for approval and publishing by
1782 September 1, 2019, and each September 1 thereafter. The Florida
1783 College System institution shall submit approved plans to the
1784 State Board of Education for publication and review by October
1785 1, 2019, and each October 1 thereafter.
1786 (4) A Florida College System institution identified in
1787 paragraph (3)(a) must include in its carry forward spending plan
1788 the estimated cost per planned expenditure and a timeline for
1789 completion of the expenditure. Authorized expenditures in a
1790 carry forward spending plan may include:
1791 (a) Commitment of funds to a public education capital
1792 outlay project for which an appropriation was previously
1793 provided, which requires additional funds for completion, and
1794 which is included in the list required by s. 1001.03(18)(d);
1795 (b) Completion of a renovation, repair, or maintenance
1796 project that is consistent with the provisions of s. 1013.64(1),
1797 up to $5 million per project;
1798 (c) Completion of a remodeling or infrastructure project,
1799 up to $10 million per project, if such project is survey
1800 recommended pursuant to s. 1013.31;
1801 (d) Completion of a repair or replacement project necessary
1802 due to damage caused by a natural disaster for buildings
1803 included in the inventory required pursuant to s. 1013.31;
1804 (e) Operating expenditures that support the Florida College
1805 System institution’s mission which are nonrecurring; and
1806 (f) Any purpose approved by the state board or specified in
1807 the General Appropriations Act.
1808 Section 29. By December 1, 2020, all survey recommended
1809 projects for each state university and Florida College System
1810 institution shall be reviewed and revised to incorporate the
1811 updated space need calculation requirements as specified in s.
1812 1013.31(1)(c), Florida Statutes.
1813 Section 30. This act shall take effect July 1, 2019.