Senate Bill 1924e1

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    CS for CS for SB 1924                          First Engrossed



  1                      A bill to be entitled

  2         An act relating to postsecondary education;

  3         amending s. 110.1099, F.S.; revising provisions

  4         relating to tuition waivers for state

  5         employees; amending s. 121.35, F.S.; revising

  6         eligibility for participation in the optional

  7         retirement program for the system; amending ss.

  8         239.117, 240.235, 240.35, F.S.; providing a fee

  9         exemption for certain postsecondary students;

10         amending s. 240.156, F.S.; allowing the use of

11         moneys in the State University System

12         Concurrency Trust Fund to be used to defray the

13         costs of updating campus master plans; amending

14         s. 240.209, F.S.; providing requirements for

15         certain tuition waivers; providing for naming

16         an entity within a state university for a

17         living person; amending s. 240.227, F.S.;

18         defining the term "continuing contract" for

19         purposes of a university president's

20         contracting authority; amending s. 240.233,

21         F.S.; providing for the recalculation of

22         grade-point averages; amending s. 240.2605,

23         F.S.; modifying the Board of Regent's authority

24         relating to the Trust Fund for Major Gifts;

25         amending s. 240.271, F.S.; providing for

26         funding for students enrolled at a state

27         university using an employee fee waiver;

28         amending s. 240.289, F.S.; authorizing

29         institutions in the system to accept credit

30         cards and debit cards; authorizing those

31         institutions to absorb the costs of using such


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  1         cards; amending s. 240.299, F.S.; providing a

  2         restriction on financing agreements by

  3         direct-support organizations; amending s.

  4         240.409, F.S.; amending restrictions on the

  5         Florida Student Assistance Grant; amending s.

  6         240.4095, F.S.; revising restrictions on the

  7         Florida Private Student Assistance Grant

  8         Program; amending s. 240.4097, F.S.; amending

  9         restrictions on the Florida Student Assistance

10         Grant; amending s. 240.421, F.S.; expanding the

11         membership of the Florida Council of Student

12         Financial Aid Advisors; amending s. 243.19,

13         F.S.; providing findings for institutions for

14         higher education; amending s. 243.20, F.S.;

15         redefining the terms "project" and "cost";

16         defining the term "loan in anticipation of

17         tuition revenues"; amending s. 243.22, F.S.;

18         authorizing loans in anticipation of tuition

19         revenues; amending s. 378.101, F.S.; revising

20         financial restrictions on the Florida Institute

21         of Phosphate Research and the Phosphate

22         Research Trust Fund; amending s. 413.613, F.S.;

23         requiring reports by institutions receiving

24         funds from the Brain and Spinal Cord Injury

25         Rehabilitation Trust Fund; repealing provisions

26         relating to the program review process;

27         providing an exemption from registration as an

28         engineer for certain teachers; repealing s.

29         240.5335, F.S., relating to the Women's

30         Athletics Trust Fund; amending s. 240.207,

31         F.S.; revising the terms of office of members


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  1         of the Board of Regents; providing an effective

  2         date.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  Subsection (1) of section 110.1099, Florida

  7  Statutes, 1998 Supplement, is amended, present subsections (2)

  8  through (5) of that section are renumbered as subsections (3)

  9  through (6), respectively, and a new subsection (2) is added

10  to that section, to read:

11         110.1099  Education and training opportunities for

12  state employees.--

13         (1)  Education and training are an integral component

14  in improving the delivery of services to the public.

15  Recognizing that the application of productivity-enhancing

16  technology and practice demand continuous educational and

17  training opportunities, state employees may be authorized to

18  receive fundable tuition waivers on a space-available basis or

19  vouchers to attend work-related courses at public

20  universities. Student credit hours generated by state employee

21  fee waivers shall be fundable credit hours.

22         (2)  Pursuant to provisions of the General

23  Appropriations Act and the negotiated collective bargaining

24  agreements between the Governor and the respective bargaining

25  units, state agencies are authorized to issue waivers to

26  full-time employees to permit such employees to enroll for up

27  to 6 credit hours of tuition-free courses per term at a state

28  university on a space-available basis.

29         Section 2.  Paragraph (a) of subsection (2) of section

30  121.35, Florida Statutes, 1998 Supplement, is amended to read:

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  1         121.35  Optional retirement program for the State

  2  University System.--

  3         (2)  ELIGIBILITY FOR PARTICIPATION IN OPTIONAL

  4  PROGRAM.--

  5         (a)  Participation in the optional retirement program

  6  provided by this section shall be limited to persons who are

  7  otherwise eligible for membership in the Florida Retirement

  8  System; who are employed or appointed for no less than one

  9  academic year; and who are employed in one of the following

10  State University System positions:

11         1.  Positions classified as instructional and research

12  faculty which are exempt from the career service under the

13  provisions of s. 110.205(2)(d).

14         2.  Positions classified as administrative and

15  professional which are exempt from the career service under

16  the provisions of s. 110.205(2)(d)., provided that only those

17  positions that are included in the State University System

18  Executive Service, or those which the division determines meet

19  the following criteria, shall be eligible to participate:  The

20  duties and responsibilities of the position shall include

21  either the formulation, interpretation, or implementation of

22  academic policies, or the performance of functions which are

23  unique or specialized within higher education and which

24  frequently involve the support of the academic mission of the

25  university; and recruiting to fill vacancies in the position

26  shall be conducted within the national or regional market.

27  The employer shall submit an application, including a

28  certification that the position meets the criteria for

29  eligibility, to the division for each administrative and

30  professional position not in the Executive Service for which

31  it seeks eligibility for the optional retirement program.


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  1         3.  The Chancellor and the university presidents.

  2         Section 3.  Paragraph (c) of subsection (4) of section

  3  239.117, Florida Statutes, 1998 Supplement, is amended to

  4  read:

  5         239.117  Postsecondary student fees.--

  6         (4)  The following students are exempt from the payment

  7  of registration, matriculation, and laboratory fees:

  8         (c)  A student for whom the state is paying a foster

  9  care board payment pursuant to s. 409.145(3) or pursuant to

10  parts II and III of chapter 39, for whom the permanency

11  planning goal pursuant to part III of chapter 39 is long-term

12  foster care or independent living, or who is adopted from the

13  Department of Children and Family Services after May 5

14  December 31, 1997. Such exemption includes fees associated

15  with enrollment in vocational-preparatory instruction and

16  completion of the college-level communication and computation

17  skills testing program. Such exemption shall be available to

18  any student adopted from the Department of Children and Family

19  Services after May 5 December 31, 1997; however, the exemption

20  shall be valid for no more than 4 years after the date of

21  graduation from high school.

22         Section 4.  Section 240.156, Florida Statutes, is

23  amended to read:

24         240.156  State University System Concurrency Trust

25  Fund.--Notwithstanding any other provision of law, the general

26  revenue service charge deducted pursuant to s. 215.20 on

27  revenues raised by any local option motor fuel tax levied

28  pursuant to s. 336.025(1)(b), as created by chapter 93-206,

29  Laws of Florida, or similar legislation, shall be deposited in

30  the State University System Concurrency Trust Fund, which is

31  hereby created. Moneys in such trust fund shall be for the


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  1  purpose of funding State University System offsite

  2  improvements required to meet concurrency standards adopted

  3  under part II of chapter 163. In addition, in any year in

  4  which campus master plans are updated pursuant to s. 240.155,

  5  but no more frequently than once every 5 years, up to 25

  6  percent of the balance in the trust fund for that year may be

  7  used to defray the costs incurred in updating those campus

  8  master plans.

  9         Section 5.  Subsection (7) of section 240.209, Florida

10  Statutes, 1998 Supplement, is amended, and subsection (10) is

11  added to that section, to read:

12         240.209  Board of Regents; powers and duties.--

13         (7)  Pursuant to provisions of the General

14  Appropriations Act and negotiated collective bargaining

15  agreements, the Board of Regents is authorized to permit

16  full-time State University System employees who meet academic

17  requirements to enroll for up to 6 credit hours of

18  tuition-free courses per term at a state university on a

19  space-available basis.

20         (10)  No school, college, or center at a state

21  university shall be named for a living person unless approved

22  by the Board of Regents.

23         Section 6.  Paragraph (a) of subsection (5) of section

24  240.235, Florida Statutes, 1998 Supplement, is amended to

25  read:

26         240.235  Fees.--

27         (5)(a)  Any student for whom the state is paying a

28  foster care board payment pursuant to s. 409.145(3) or parts

29  II and III of chapter 39, for whom the permanency planning

30  goal pursuant to part III of chapter 39 is long-term foster

31  care or independent living, or who is adopted from the


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  1  Department of Children and Family Services after May 5

  2  December 31, 1997, shall be exempt from the payment of all

  3  undergraduate fees, including fees associated with enrollment

  4  in college-preparatory instruction or completion of

  5  college-level communication and computation skills testing

  6  programs.  Before a fee exemption can be given, the student

  7  shall have applied for and been denied financial aid, pursuant

  8  to s. 240.404, which would have provided, at a minimum,

  9  payment of all undergraduate fees. Such exemption shall be

10  available to any student adopted from the Department of

11  Children and Family Services after May 5 December 31, 1997;

12  however, the exemption shall be valid for no more than 4 years

13  after the date of graduation from high school.

14         Section 7.  Paragraph (a) of subsection (2) of section

15  240.35, Florida Statutes, 1998 Supplement, is amended to read:

16         240.35  Student fees.--Unless otherwise provided, the

17  provisions of this section apply only to fees charged for

18  college credit instruction leading to an associate in arts

19  degree, an associate in applied science degree, or an

20  associate in science degree and noncollege credit

21  college-preparatory courses defined in s. 239.105.

22         (2)(a)  Any student for whom the state is paying a

23  foster care board payment pursuant to s. 409.145(3) or parts

24  II and III of chapter 39, for whom the permanency planning

25  goal pursuant to part III of chapter 39 is long-term foster

26  care or independent living, or who is adopted from the

27  Department of Children and Family Services after May 5

28  December 31, 1997, shall be exempt from the payment of all

29  undergraduate fees, including fees associated with enrollment

30  in college-preparatory instruction or completion of the

31  college-level communication and computation skills testing


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  1  program. Before a fee exemption can be given, the student

  2  shall have applied for and been denied financial aid, pursuant

  3  to s. 240.404, which would have provided, at a minimum,

  4  payment of all student fees. Such exemption shall be available

  5  to any student adopted from the Department of Children and

  6  Family Services after December 31, 1997; however, the

  7  exemption shall be valid for no more than 4 years after the

  8  date of graduation from high school.

  9         Section 8.  Subsection (12) of section 240.227, Florida

10  Statutes, 1998 Supplement, is amended to read:

11         240.227  University presidents; powers and duties.--The

12  president is the chief administrative officer of the

13  university and is responsible for the operation and

14  administration of the university.  Each university president

15  shall:

16         (12)  Approve and execute contracts for the acquisition

17  of commodities, goods, equipment, services, leases of real and

18  personal property, and construction to be rendered to or by

19  the university, provided such contracts are made pursuant to

20  rules of the Board of Regents, are for the implementation of

21  approved programs of the university, and do not require

22  expenditures in excess of $1 million. The acquisition may be

23  made by installment or lease-purchase contract.  Such

24  contracts may provide for the payment of interest on the

25  unpaid portion of the purchase price. Notwithstanding any

26  other provisions of this subsection, university presidents

27  shall comply with the provisions of s. 287.055 for the

28  procurement of professional services and may approve and

29  execute all contracts for planning, construction, and

30  equipment for projects with building programs and construction

31  budgets approved by the Board of Regents. For the purposes of


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  1  a university president's contracting authority, a "continuing

  2  contract" for professional services under the provisions of s.

  3  287.055 is one in which construction costs do not exceed $1

  4  million or the fee for study activity does not exceed

  5  $100,000.

  6         Section 9.  Subsection (8) is added to section 240.233,

  7  Florida Statutes, 1998 Supplement, to read:

  8         240.233  Universities; admissions of students.--Each

  9  university shall govern admissions of students, subject to

10  this section and rules of the Board of Regents.

11         (8)  A Florida resident who is denied admission as an

12  undergraduate to a state university for failure to meet the

13  high school grade-point-average requirement may appeal the

14  decision to the university and request a recalculation of the

15  grade point average including in the revised calculation the

16  grades earned in up to three credits of advanced fine arts

17  courses. The university shall provide the student with a

18  description of the appeals process at the same time as

19  notification of the admissions decision. The university shall

20  recalculate the student's grade point average using the

21  additional courses and advise the student of any changes in

22  the student's admission status. For purposes of this section,

23  fine arts courses include courses in music, drama, painting,

24  sculpture, speech, debate, or a course in any art form that

25  requires manual dexterity. Advanced level fine arts courses

26  include fine arts courses identified in the course code

27  directory as Advanced Placement, pre-International

28  Baccalaureate, or International Baccalaureate, or fine arts

29  courses taken in the third or fourth year of a fine arts

30  curriculum.

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  1         Section 10.  Subsections (1), (2), and (3) of section

  2  240.2605, Florida Statutes, 1998 Supplement, are amended to

  3  read:

  4         240.2605  Trust Fund for Major Gifts.--

  5         (1)  There is established a Trust Fund for Major Gifts.

  6  The purpose of the trust fund is to enable the Board of

  7  Regents Foundation, each university, and New College to

  8  provide donors with an incentive in the form of matching

  9  grants for donations for the establishment of permanent

10  endowments, which must be invested, with the proceeds of the

11  investment used to support libraries and instruction and

12  research programs, as defined by procedure of the Board of

13  Regents. All funds appropriated for the challenge grants, new

14  donors, major gifts, or eminent scholars program must be

15  deposited into the trust fund and invested pursuant to s.

16  18.125 until the Board of Regents allocates the funds to

17  universities to match private donations. Notwithstanding s.

18  216.301 and pursuant to s. 216.351, any undisbursed balance

19  remaining in the trust fund and interest income accruing to

20  the portion of the trust fund which is not matched and

21  distributed to universities must remain in the trust fund and

22  be used to increase the total funds available for challenge

23  grants. The Board of Regents may authorize any university to

24  encumber the state matching portion of a challenge grant from

25  funds available under s. 240.272.

26         (2)  The Board of Regents shall specify the process for

27  submission, documentation, and approval of requests for

28  matching funds, accountability for endowments and proceeds of

29  endowments, allocations to universities, restrictions on the

30  use of the proceeds from endowments, and criteria used in

31  determining the value of donations. However, the Board of


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  1  Regents may set restrictions on the annual amount of matching

  2  funds provided for single donating that exceeds $2 million.

  3         (3)(a)  The Board of Regents shall allocate the amount

  4  appropriated to the trust fund to the Board of Regents

  5  Foundation, each university, and New College based on the

  6  amount of the donation and the restrictions applied to the

  7  donation.

  8         (b)  Donations for a specific purpose must be matched

  9  in the following manner:

10         1.  The Board of Regents Foundation and each university

11  that raises at least $100,000 but no more than $599,999 from a

12  private source must receive a matching grant equal to 50

13  percent of the private contribution.

14         2.  The Board of Regents Foundation and each university

15  that raises a contribution of at least $600,000 but no more

16  than $1 million from a private source must receive a matching

17  grant equal to 70 percent of the private contribution.

18         3.  The Board of Regents Foundation and each university

19  that raises a contribution in excess of $1 million but no more

20  than $1.5 million from a private source must receive a

21  matching grant equal to 75 percent of the private

22  contribution.

23         4.  The Board of Regents Foundation and each university

24  that raises a contribution in excess of $1.5 million but no

25  more than $2 million from a private source must receive a

26  matching grant equal to 80 percent of the private

27  contribution.

28         5.  The Board of Regents Foundation and each university

29  that raises a contribution in excess of $2 million from a

30  private source must receive a matching grant equal to 100

31  percent of the private contribution.


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  1         (c)  The Board of Regents shall encumber state matching

  2  funds for any pledged contributions, pro rata, based on the

  3  requirements for state matching funds as specified for the

  4  particular challenge grant and the amount of the private

  5  donations actually received by the university or Board of

  6  Regents Foundation for the respective challenge grant.

  7         Section 11.  Subsection (7) is added to section

  8  240.271, Florida Statutes, to read:

  9         240.271  State University System; funding.--

10         (7)  Student credit hours generated by a student using

11  an employee fee waiver issued pursuant to the provisions of s.

12  110.1099 or s. 240.209 shall be funded as provided in the

13  General Appropriations Act.

14         Section 12.  Section 240.289, Florida Statutes, is

15  amended to read:

16         240.289  Credit card, charge card, and debit card use

17  in university system; authority.--

18         (1)  The several universities in the State University

19  System are authorized, pursuant to s. 215.322, to enter into

20  agreements and accept credit card, charge card, or debit card

21  payments as compensation for goods, services, tuition, and

22  fees in accordance with rules established by the Board of

23  Regents.

24         (2)  In addition, the several universities are also

25  authorized to accept credit cards and debit cards for the

26  payment of tuition and fees without the imposition of a

27  convenience fee for such card services. The costs incurred by

28  the several universities in accepting credit cards and debit

29  cards may be absorbed by the universities as a cost of doing

30  business. The universities may use any source of

31  nonappropriated funds to cover the costs of accepting such


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  1  cards. Subject to approval by the State Treasurer,

  2  universities also may negotiate credit card contracts and

  3  debit card contracts with financial institutions whereby a

  4  compensating balance may be placed on deposit with the

  5  financial institutions to cover the costs of accepting credit

  6  cards and debit cards. The several universities may accept

  7  credit card or debit card payments at any location where

  8  compensation is received for goods, services, tuition, or

  9  fees, whether the payor makes payment in person or by

10  electronic means.

11         Section 13.  Subsection (5) of section 240.299, Florida

12  Statutes, 1998 Supplement, is amended to read:

13         240.299  Direct-support organizations; use of property;

14  board of directors; audit; facilities.--

15         (5)  FACILITIES.--In addition to issuance of bonds

16  indebtedness pursuant to s. 240.2093(2), each direct-support

17  organization is authorized to enter into agreements to

18  finance, design and construct, lease, lease-purchase,

19  purchase, or operate facilities necessary and desirable to

20  serve the needs and purposes of the university, as determined

21  by the systemwide strategic plan adopted by the Board of

22  Regents, upon approval of such agreements by the Board of

23  Regents and, when the state will be asked for operating funds

24  or funds to purchase the facility, approval of the project by

25  the Legislature. Such agreements are subject to the provisions

26  of s. 243.151.

27         Section 14.  Effective July 1, 1999, paragraph (a) of

28  subsection (2) of section 240.409, Florida Statutes, as

29  amended by section 46 of chapter 98-421, Laws of Florida, is

30  amended to read:

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  1         240.409  Florida Public Student Assistance Grant

  2  Program; eligibility for grants.--

  3         (2)(a)  State student assistance grants through the

  4  program may be made only to full-time degree-seeking students

  5  who meet the general requirements for student eligibility as

  6  provided in s. 240.404, except as otherwise provided in this

  7  section.  Such grants shall be awarded annually for the amount

  8  of demonstrated unmet need for the cost of education and may

  9  not exceed an amount equal to the average prior academic year

10  cost of matriculation fees and other registration fees for 30

11  credit hours at state universities or such other amount as

12  specified in the General Appropriations Act, to any recipient.

13  A demonstrated unmet need of less than $200 shall render the

14  applicant ineligible for a state student assistance grant.

15  Recipients of such grants must have been accepted at a state

16  university or community college authorized by Florida law. No

17  student shall receive the Florida Student Assistance Grant

18  beyond 110 percent of the number of credit hours required to

19  complete the program. Eligibility for the renewal of the

20  Florida Student Assistance Grant shall be evaluated at the end

21  of the second semester or third quarter of each academic year.

22  As a condition for renewal, a student shall meet the

23  institution's established standards of academic progress for

24  financial aid purposes. No student may receive an award for

25  more than the equivalent of 9 semesters or 14 quarters of

26  full-time enrollment, except as otherwise provided in s.

27  240.404(3).

28         Section 15.  Effective July 1, 1999, paragraph (a) of

29  subsection (2) of section 240.4095, Florida Statutes, as

30  amended by section 47 of chapter 98-421, Laws of Florida, is

31  amended to read:


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  1         240.4095  Florida Private Student Assistance Grant

  2  Program; eligibility for grants.--

  3         (2)(a)  Florida private student assistance grants from

  4  the State Student Financial Assistance Trust Fund may be made

  5  only to full-time degree-seeking students who meet the general

  6  requirements for student eligibility as provided in s.

  7  240.404, except as otherwise provided in this section.  Such

  8  grants shall be awarded for the amount of demonstrated unmet

  9  need for tuition and fees and may not exceed an amount equal

10  to the average matriculation and other registration fees for

11  30 credit hours at state universities plus $1,000 per academic

12  year, or as specified in the General Appropriations Act, to

13  any applicant.  A demonstrated unmet need of less than $200

14  shall render the applicant ineligible for a Florida private

15  student assistance grant.  Recipients of such grants must have

16  been accepted at a baccalaureate-degree-granting independent

17  nonprofit college or university, which is accredited by the

18  Commission on Colleges of the Southern Association of Colleges

19  and Schools and which is located in and chartered as a

20  domestic corporation by the state.  No student shall receive

21  the Florida Private Student Assistance Grant beyond 110

22  percent of the number of credit hours required to complete the

23  program. Eligibility for the renewal of the Florida Student

24  Assistance Grant shall be evaluated at the end of the second

25  semester or third quarter of each academic year. As a

26  condition for renewal, a student shall meet the institution's

27  established standards of academic progress for financial aid

28  purposes. No student may receive an award for more than the

29  equivalent of 9 semesters or 14 quarters of full-time

30  enrollment, except as otherwise provided in s. 240.404(3).

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  1         Section 16.  Effective July 1, 1999, paragraph (a) of

  2  subsection (2) of section 240.4097, Florida Statutes, as

  3  amended by section 48 of chapter 98-421, Laws of Florida, is

  4  amended to read:

  5         240.4097  Florida Postsecondary Student Assistance

  6  Grant Program; eligibility for grants.--

  7         (2)(a)  Florida postsecondary student assistance grants

  8  through the State Student Financial Assistance Trust Fund may

  9  be made only to full-time degree-seeking students who meet the

10  general requirements for student eligibility as provided in s.

11  240.404, except as otherwise provided in this section.  Such

12  grants shall be awarded for the amount of demonstrated unmet

13  need for tuition and fees and may not exceed an amount equal

14  to the average prior academic year cost of matriculation and

15  other registration fees for 30 credit hours at state

16  universities plus $1,000 per academic year, or as specified in

17  the General Appropriations Act, to any applicant.  A

18  demonstrated unmet need of less than $200 shall render the

19  applicant ineligible for a Florida postsecondary student

20  assistance grant.  Recipients of such grants must have been

21  accepted at a postsecondary institution that is located in the

22  state and that is:

23         1.  A private nursing diploma school approved by the

24  Florida Board of Nursing; or

25         2.  An institution either licensed by the State Board

26  of Independent Colleges and Universities or exempt from

27  licensure pursuant to s. 246.085(1)(a), excluding those

28  institutions the students of which are eligible to receive a

29  Florida private student assistance grant pursuant to s.

30  240.4095.

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    CS for CS for SB 1924                          First Engrossed



  1  No student shall receive the Florida Postsecondary Student

  2  Assistance Grant beyond 110 percent of the number of credit

  3  hours required to complete the program. Eligibility for the

  4  renewal of the Florida Student Assistance Grant shall be

  5  evaluated at the end of the second semester or third quarter

  6  of each academic year. As a condition for renewal, a student

  7  shall meet the institution's established standards of academic

  8  progress for financial aid purposes. No student may receive an

  9  award for more than the equivalent of 9 semesters or 14

10  quarters of full-time enrollment, except as otherwise provided

11  in s. 240.404(3).

12         Section 17.  Paragraph (a) of subsection (1) of section

13  240.421, Florida Statutes, is amended to read:

14         240.421  Florida Council of Student Financial Aid

15  Advisors.--

16         (1)  There is created the Florida Council of Student

17  Financial Aid Advisors for the purpose of advising the State

18  Board of Education, the Legislature, the Board of Regents, the

19  State Board of Community Colleges, and the Postsecondary

20  Education Planning Commission on policy matters related to

21  student financial aid.

22         (a)  The council shall be composed of the Chancellor of

23  the State University System, or his or her designee, the

24  Executive Director of the Community College System, or his or

25  her designee, the Executive Director of the Independent

26  Colleges and Universities of Florida, or his or her designee,

27  and 14 members who shall be appointed by the Commissioner of

28  Education.  The membership of the council appointed by the

29  Commissioner of Education shall include:

30         1.  Two persons from the commercial financial community

31  in this state.


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    CS for CS for SB 1924                          First Engrossed



  1         2.  Two persons from the postsecondary education

  2  community in this state who must be either the president,

  3  chief academic officer, or principal administrator for student

  4  services of a postsecondary educational institution.

  5         3.  Two practicing financial aid administrators for

  6  accredited private postsecondary institutions in this state.

  7         4.  Two practicing financial aid administrators for

  8  public community colleges in this state.

  9         5.  Two practicing financial aid administrators for

10  state universities in this state.

11         6.  Two practicing financial aid administrators for

12  degree career education centers in this state, one of whom

13  shall represent proprietary schools.

14         7.  One lay citizen who does not derive a majority of

15  his or her income from education or the commercial financial

16  field.

17         8.  One full-time student enrolled in postsecondary

18  education in this state.

19         Section 18.  Section 243.19, Florida Statutes, is

20  amended to read:

21         243.19  Findings and declaration of necessity.--It is

22  declared that for the benefit of the people of the state, the

23  increase of their commerce, welfare, and prosperity, and the

24  improvement of their health and living conditions, it is

25  essential that this and future generations of youth be given

26  the fullest opportunity to learn and to develop their

27  intellectual and mental capacities; that it is essential that

28  institutions for higher education within each county in the

29  state be provided with appropriate additional means to assist

30  such youth in achieving the required levels of learning and

31  development of their intellectual and mental capacities; and


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    CS for CS for SB 1924                          First Engrossed



  1  that it is the purpose of this part to provide a measure of

  2  assistance and an alternate method to enable institutions of

  3  higher education in each county of this state to provide the

  4  facilities and structures which are sorely needed to

  5  accomplish the purposes of this part; and that it is essential

  6  to provide additional assistance to institutions for higher

  7  education by enabling those institutions to coordinate their

  8  budgetary needs with the timing of receipt of tuition revenues

  9  in a manner similar to programs authorized for school

10  districts within the state. The necessity in the public

11  interest of the provisions hereinafter enacted is hereby

12  declared as a matter of legislative determination.

13         Section 19.  Subsections (5) and (6) of section 243.20,

14  Florida Statutes, are amended and subsection (10) is added to

15  that section to read:

16         243.20  Definitions.--The following terms, wherever

17  used or referred to in this part shall have the following

18  respective meanings, unless a different meaning clearly

19  appears from the context:

20         (5)  "Project" means a structure suitable for use as a

21  dormitory or other housing facility, dining hall, student

22  union, administration building, academic building, library,

23  laboratory, research facility, classroom, athletic facility,

24  health care facility, and maintenance, storage, or utility

25  facility, and other structures or facilities related thereto,

26  or required thereto, or required or useful for the instruction

27  of students, or the conducting of research, or the operation

28  of an institution for higher education, including parking and

29  other facilities or structures, essential or convenient for

30  the orderly conduct of such institution for higher education

31  and shall also include equipment and machinery and other


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    CS for CS for SB 1924                          First Engrossed



  1  similar items necessary or convenient for the operation of a

  2  particular facility or structure in the manner for which its

  3  use is intended but shall not include such items as books,

  4  fuel, supplies or other items which are customarily deemed to

  5  result in a current operating charge. The term also includes a

  6  loan in anticipation of tuition revenues by a private

  7  institution for higher education.

  8         (6)  "Cost," as applied to a project or any portion

  9  thereof financed under the provisions of this part, embraces

10  all or any part of the cost of construction and acquisition of

11  all lands, structures, real or personal property, rights,

12  rights-of-way, franchises, easements and interests acquired or

13  used for a project, the cost of demolishing or removing any

14  buildings or structures on land so acquired, including the

15  cost of acquiring any lands to which such buildings or

16  structures may be removed, the cost of all machinery and

17  equipment, financing charges, interest prior to, during and

18  for a period of 30 months after completion of such

19  construction, provisions for working capital, reserves for

20  principal and interest and for extensions, enlargements,

21  additions and improvements, cost of engineering, financial and

22  legal services, plans, specifications, studies, surveys,

23  estimates of cost and of revenues, administrative expenses,

24  expenses necessary or incident to determining the feasibility

25  or practicability of constructing the project and such other

26  expenses as may be necessary or incident to the construction

27  and acquisition of the project, the financing of such

28  construction and acquisition and the placing of the project in

29  operation. In the case of a loan in anticipation of tuition

30  revenues, the term "cost" means the amount of the loan in

31  anticipation of revenues which does not exceed the amount of


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    CS for CS for SB 1924                          First Engrossed



  1  tuition revenues anticipated to be received by the borrowing

  2  institution for higher education in the 1-year period

  3  following the date of the loan, plus costs related to the

  4  issuance of the loans, or bonds, the proceeds of which fund

  5  the loans, and any related cost of debt service reserve funds

  6  associated therewith.

  7         (10)  "Loan in anticipation of tuition revenues" means

  8  a loan to a private institution for higher education under

  9  circumstances in which tuition revenues anticipated to be

10  received by the institution in any budget year are estimated

11  to be insufficient at any time during the budget year to pay

12  the operating expenses or other obligations of the institution

13  in accordance with the budget of the institution. The loans

14  are permitted within guidelines adopted by the authority

15  consistent with the provisions for similar loans undertaken by

16  school districts under s. 237.151, excluding provisions

17  applicable to the limitations on borrowings relating to the

18  levy of taxes and the adoption of budgets in accordance with

19  law applicable solely to school districts.

20         Section 20.  Subsection (12) of section 243.22, Florida

21  Statutes, is amended to read:

22         243.22  Powers of authority.--The purpose of the

23  authority shall be to assist institutions for higher education

24  in the construction, financing, and refinancing of projects,

25  and for this purpose the authority is authorized and

26  empowered:

27         (12)  To make loans to any participating institution

28  for higher education for the cost of a project, including a

29  loan in anticipation of tuition revenues, in accordance with

30  an agreement between the authority and the participating

31  institution for higher education; provided no such loan shall


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    CS for CS for SB 1924                          First Engrossed



  1  exceed the total cost of the project as determined by the

  2  participating institution for higher education and approved by

  3  the authority.

  4         Section 21.  Paragraph (i) of subsection (1) and

  5  paragraph (f) of subsection (3) of section 378.101, Florida

  6  Statutes, are amended to read:

  7         378.101  Florida Institute of Phosphate Research.--

  8         (1)  There is created a Florida Institute of Phosphate

  9  Research, which is empowered:

10         (i)  To administer the Phosphate Research Trust Fund

11  and to expend funds therefrom for its administration and for

12  carrying out the purposes set forth in this section.  The

13  Phosphate Research Trust Fund shall not be subject to the

14  service charge imposed pursuant to chapter 215.

15         (2)  The institute may develop work products relating

16  to research which is subject to trademark, copyright, or

17  patent protection. Notwithstanding any law to the contrary,

18  the institute may:

19         (f)  Do all acts necessary to exercise its powers and

20  perform its duties.  Any action taken by the institute in

21  securing or exploiting such patents, copyrights, or trademarks

22  shall, within 30 days, be reported in writing to the

23  Department of State.  Any proceeds received by the institute

24  under this subsection shall be deposited in an established

25  account of the not-for-profit foundation of the State

26  University System institution with administrative

27  responsibility for the institute the Phosphate Research Trust

28  Fund for use consistent with as provided by law and the

29  mission of the institute.

30         Section 22.  Subsection (4) of section 413.613, Florida

31  Statutes, is amended to read:


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    CS for CS for SB 1924                          First Engrossed



  1         413.613  Brain and Spinal Cord Injury Rehabilitation

  2  Trust Fund.--

  3         (4)  The Board of Regents shall establish a program

  4  administration review process and may allocate up to $10,000

  5  of such funds for an overall program review which shall would

  6  include: an annual a prospective program plan with goals,

  7  research design, and proposed outcomes, a proposed budget, and

  8  an annual report of research activities and findings, and an

  9  annual end-of-year financial statement. Prospective program

10  plans shall be submitted to the Board of Regents, and funds

11  shall be released upon acceptance of the proposed program

12  plans. The annual report of research activities and findings

13  shall be submitted to the Board of Regents, with the executive

14  summaries submitted to the President of the Senate, the

15  Speaker of the House of Representatives, and the secretary of

16  the Department of Labor and Employment Security.

17         Section 23.  For the sole purpose of teaching the

18  principles and methods of engineering design, notwithstanding

19  the provisions of section 471.005(6), Florida Statutes, a

20  person employed by a public postsecondary educational

21  institution, or by an independent postsecondary educational

22  institution licensed or exempt from licensure pursuant to the

23  provisions of chapter 246, Florida Statutes, is not required

24  to register under the provisions of sections 471.001-471.037,

25  Florida Statutes, as a registered engineer.

26         Section 24.  Section 240.5335, Florida Statutes, is

27  repealed.

28         Section 25.  Subsection (1) of section 240.207, Florida

29  Statutes, 1998 Supplement, is amended to read:

30         240.207  Board of Regents; appointment of members;

31  qualifications and terms of office.--


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    CS for CS for SB 1924                          First Engrossed



  1         (1)  The Board of Regents shall consist of the

  2  Commissioner of Education and 13 citizens of this state who

  3  shall be selected from the state at large, representative of

  4  the geographical areas of the state; who shall have been

  5  residents and citizens thereof for a period of at least 10

  6  years prior to their appointment (one of whom shall be a

  7  member registered as a full-time student in the State

  8  University System and who shall have been a resident of this

  9  state for at least 5 years prior to appointment in lieu of the

10  10 years required of other members); and who shall be

11  appointed by the Governor, approved by three members of the

12  Cabinet, and confirmed by the Senate.  However, no appointee

13  shall take office until after his or her appointment has been

14  approved by three members of the Cabinet.  The State Board of

15  Education shall develop rules and procedures for review and

16  approval of the appointees.  Except for the Commissioner of

17  Education and except for the full-time student member, who

18  shall serve for 1 year, the terms of office for the members of

19  the Board of Regents appointed after the effective date of

20  this act shall be 6 4 years and until their successors are

21  appointed and qualified, except in case of an appointment to

22  fill a vacancy, in which case the appointment shall be for the

23  unexpired term, and except as in this section otherwise

24  provided.  No member shall be selected from any county to

25  serve with any other member from the same county, except that

26  not more than two members may be selected from a county which

27  has a population in excess of 900,000, and with the exceptions

28  of the student member, who shall be selected at large, and the

29  Commissioner of Education. The Governor shall fill all

30  vacancies, subject to the above approval and confirmation,

31  that may at any time occur on the board.


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    CS for CS for SB 1924                          First Engrossed



  1         Section 26.  This act shall take effect upon becoming a

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