HOUSE AMENDMENT
                                        Bill No. SB 1162, 1st Eng.
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
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11  Representative(s) Baxley and Diaz-Balart offered the
12  following:
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14         Amendment (with title amendment) 
15  Remove from the bill:  Everything after the enacting clause
16  
17  and insert in lieu thereof:  
18         Section 1.  Paragraph (c) of subsection (2) of section
19  231.621, Florida Statutes, is amended to read:
20         231.621  Critical Teacher Shortage Student Loan
21  Forgiveness Program.--
22         (2)  From the funds available, the Department of
23  Education may make loan principal repayments as follows:
24         (c)  All repayments shall be contingent on continued
25  proof of employment in the designated subject areas in this
26  state and shall be made directly to the holder of the loan or,
27  in case of a loan being paid in full, directly to the teacher.
28  The state shall not bear responsibility for the collection of
29  any interest charges or other remaining balance.  In the event
30  that designated critical teacher shortage subject areas are
31  changed by the State Board of Education, a teacher shall
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    File original & 9 copies    05/03/01                          
    hcle003                     02:16 pm          01162-heg-464641

HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 continue to be eligible for loan forgiveness as long as he or 2 she continues to teach in the subject area for which the 3 original loan repayment was made and otherwise meets all 4 conditions of eligibility. 5 Section 2. Effective July 1, 2002, paragraph (e) of 6 subsection (3) of section 240.209, Florida Statutes, is 7 amended to read: 8 240.209 Board of Regents; powers and duties.-- 9 (3) The board shall: 10 (e) Establish student fees. 11 1. By no later than December 1 of each year, the board 12 shall raise the systemwide standard for resident undergraduate 13 matriculation and financial aid fees for the subsequent fall 14 term, up to but no more than 25 percent of the prior year's 15 cost of undergraduate programs. In implementing this 16 paragraph, fees charged for graduate, medical, veterinary, and 17 dental programs may be increased by the Board of Regents in 18 the same percentage as the increase in fees for resident 19 undergraduates. However, in the absence of legislative action 20 to the contrary in an appropriations act, the board may not 21 approve annual fee increases for resident students in excess 22 of 10 percent. The sum of nonresident student matriculation 23 and tuition fees must be sufficient to defray the full cost of 24 undergraduate education. Graduate, medical, veterinary, and 25 dental fees charged to nonresidents may be increased by the 26 board in the same percentage as the increase in fees for 27 nonresident undergraduates. However, in implementing this 28 policy and in the absence of legislative action to the 29 contrary in an appropriations act, annual fee increases for 30 nonresident students may not exceed 25 percent. In the absence 31 of legislative action to the contrary in the General 2 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Appropriations Act, the fees shall go into effect for the 2 following fall term. 3 2. When the appropriations act requires a new fee 4 schedule, the board shall establish a systemwide standard fee 5 schedule required to produce the total fee revenue established 6 in the appropriations act based on the product of the assigned 7 enrollment and the fee schedule. The board may approve the 8 expenditure of any fee revenues resulting from the product of 9 the fee schedule adopted pursuant to this section and the 10 assigned enrollment. 11 3. Upon provision of authority in a General 12 Appropriations Act to spend revenue raised pursuant to this 13 section, the board shall approve a university request to 14 implement a matriculation and out-of-state tuition fee 15 schedule which is calculated to generate revenue which varies 16 no more than 10 percent from the standard fee revenues 17 authorized through an appropriations act. In implementing an 18 alternative fee schedule, the increase in cost to a student 19 taking 15 hours in one term shall be limited to 5 percent. 20 Matriculation and out-of-state tuition fee revenues generated 21 as a result of this provision are to be expended for 22 implementing a plan for achieving accountability goals adopted 23 pursuant to s. 240.214 and for implementing a Board of 24 Regents-approved plan to contain student costs by reducing the 25 time necessary for graduation without reducing the quality of 26 instruction. The plans shall be recommended by a 27 universitywide committee, at least one-half of whom are 28 students appointed by the student body president. A 29 chairperson, appointed jointly by the university president and 30 the student body president, shall vote only in the case of a 31 tie. 3 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 4. The board may implement individual university plans 2 for a differential out-of-state tuition fee for universities 3 that have a service area that borders another state. 4 5. The board is authorized to collect for financial 5 aid purposes an amount not to exceed 5 percent of the student 6 tuition and matriculation fee per credit hour. The revenues 7 from fees are to remain at each campus and replace existing 8 financial aid fees. Such funds shall be disbursed to students 9 as quickly as possible. These funds may not be used for direct 10 or indirect administrative purposes or salaries. The board 11 shall specify specific limits on the percent of the fees 12 collected in a fiscal year which may be carried forward 13 unexpended to the following fiscal year. A minimum of 75 50 14 percent of funds from the student financial aid fee for new 15 financial aid awards shall be used to provide financial aid 16 based on absolute need. A student who has received an award 17 prior to July 1, 1984, shall have his or her eligibility 18 assessed on the same criteria that was used at the time of his 19 or her original award. The Board of Regents shall develop 20 criteria for making financial aid awards. Each university 21 shall report annually to the Department of Education on the 22 revenue collected pursuant to this subparagraph, the amount 23 carried forward, the criteria used to make awards, the amount 24 and number of awards for each criterion, and a delineation of 25 the distribution of such awards. The report shall include an 26 assessment by category of the financial need of every student 27 who receives an award, regardless of the purpose for which the 28 award is received. Awards which are based on financial need 29 shall be distributed in accordance with a nationally 30 recognized system of need analysis approved by the Board of 31 Regents. An award for academic merit shall require a minimum 4 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 overall grade point average of 3.0 on a 4.0 scale or the 2 equivalent for both initial receipt of the award and renewal 3 of the award. 4 6. The board may recommend to the Legislature an 5 appropriate systemwide standard matriculation and tuition fee 6 schedule. 7 7. The Education and General Student and Other Fees 8 Trust Fund is hereby created, to be administered by the 9 Department of Education. Funds shall be credited to the trust 10 fund from student fee collections and other miscellaneous fees 11 and receipts. The purpose of the trust fund is to support the 12 instruction and research missions of the State University 13 System. Notwithstanding the provisions of s. 216.301, and 14 pursuant to s. 216.351, any balance in the trust fund at the 15 end of any fiscal year shall remain in the trust fund and 16 shall be available for carrying out the purposes of the trust 17 fund. 18 8. The board is further authorized to establish the 19 following fees: 20 a. A nonrefundable application fee in an amount not to 21 exceed $30. 22 b. An admissions deposit fee for the University of 23 Florida College of Dentistry in an amount not to exceed $200. 24 c. An orientation fee in an amount not to exceed $35. 25 d. A fee for security, access, or identification 26 cards. The annual fee for such a card may not exceed $10 per 27 card. The maximum amount charged for a replacement card may 28 not exceed $15. 29 e. Registration fees for audit and zero-hours 30 registration; a service charge, which may not exceed $15, for 31 the payment of tuition in installments; and a 5 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 late-registration fee in an amount not less than $50 nor more 2 than $100 to be imposed on students who fail to initiate 3 registration during the regular registration period. 4 f. A late-payment fee in an amount not less than $50 5 nor more than $100 to be imposed on students who fail to pay 6 or fail to make appropriate arrangements to pay (by means of 7 installment payment, deferment, or third-party billing) 8 tuition by the deadline set by each university. Each 9 university may adopt specific procedures or policies for 10 waiving the late-payment fee for minor underpayments. 11 g. A fee for miscellaneous health-related charges for 12 services provided at cost by the university health center 13 which are not covered by the health fee set under s. 14 240.235(1). 15 h. Materials and supplies fees to offset the cost of 16 materials or supplies that are consumed in the course of the 17 student's instructional activities, excluding the cost of 18 equipment replacement, repairs, and maintenance. 19 i. Housing rental rates and miscellaneous housing 20 charges for services provided by the university at the request 21 of the student. 22 j. A charge representing the reasonable cost of 23 efforts to collect payment of overdue accounts. 24 k. A service charge on university loans in lieu of 25 interest and administrative handling charges. 26 l. A fee for off-campus course offerings when the 27 location results in specific, identifiable increased costs to 28 the university. 29 m. Library fees and fines, including charges for 30 damaged and lost library materials, overdue reserve library 31 books, interlibrary loans, and literature searches. 6 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 n. Fees relating to duplicating, photocopying, 2 binding, and microfilming; copyright services; and 3 standardized testing. These fees may be charged only to those 4 who receive the services. 5 o. Fees and fines relating to the use, late return, 6 and loss and damage of facilities and equipment. 7 p. A returned-check fee as authorized by s. 832.07(1) 8 for unpaid checks returned to the university. 9 q. Traffic and parking fines, charges for parking 10 decals, and transportation access fees. 11 r. An Educational Research Center for Child 12 Development fee for child care and services offered by the 13 center. 14 s. Fees for transcripts and diploma replacement, not 15 to exceed $10 per item. 16 Section 3. Effective July 1, 2002, subsection (11) of 17 section 240.35, Florida Statutes, is amended to read: 18 240.35 Student fees.--Unless otherwise provided, the 19 provisions of this section apply only to fees charged for 20 college credit instruction leading to an associate in arts 21 degree, an associate in applied science degree, or an 22 associate in science degree and noncollege credit 23 college-preparatory courses defined in s. 239.105. 24 (11)(a) Each community college is authorized to 25 establish a separate fee for financial aid purposes in an 26 additional amount up to, but not to exceed, 5 percent of the 27 total student tuition or matriculation fees collected. Each 28 community college may collect up to an additional 2 percent if 29 the amount generated by the total financial aid fee is less 30 than $250,000. If the amount generated is less than $250,000, 31 a community college that charges tuition and matriculation 7 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 fees at least equal to the average fees established by rule 2 may transfer from the general current fund to the scholarship 3 fund an amount equal to the difference between $250,000 and 4 the amount generated by the total financial aid fee 5 assessment. No other transfer from the general current fund to 6 the loan, endowment, or scholarship fund, by whatever name 7 known, is authorized. 8 (b) All funds collected under this program shall be 9 placed in the loan and endowment fund or scholarship fund of 10 the college, by whatever name known. Such funds shall be 11 disbursed to students as quickly as possible. An amount not 12 greater than 40 percent of the fees collected in a fiscal year 13 may be carried forward unexpended to the following fiscal 14 year. However, funds collected prior to July 1, 1989, and 15 placed in an endowment fund may not be considered part of the 16 balance of funds carried forward unexpended to the following 17 fiscal year. 18 (c) Up to 25 percent or $300,000, whichever is 19 greater, of the financial aid fees collected may be used to 20 assist students who demonstrate academic merit; who 21 participate in athletics, public service, cultural arts, and 22 other extracurricular programs as determined by the 23 institution; or who are identified as members of a targeted 24 gender or ethnic minority population. The financial aid fee 25 revenues allocated for athletic scholarships and fee 26 exemptions provided pursuant to subsection (17) for athletes 27 shall be distributed equitably as required by s. 28 228.2001(3)(d). A minimum of 75 50 percent of the balance of 29 these funds for new awards shall be used to provide financial 30 aid based on absolute need, and the remainder of the funds 31 shall be used for academic merit purposes and other purposes 8 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 approved by the district boards of trustees. Such other 2 purposes shall include the payment of child care fees for 3 students with financial need. The State Board of Community 4 Colleges shall develop criteria for making financial aid 5 awards. Each college shall report annually to the Department 6 of Education on the revenue collected pursuant to this 7 paragraph, the amount carried forward, the criteria used to 8 make awards, the amount and number of awards for each 9 criterion, and a delineation of the distribution of such 10 awards. The report shall include an assessment by category of 11 the financial need of every student who receives an award, 12 regardless of the purpose for which the award is received. 13 Awards which are based on financial need shall be distributed 14 in accordance with a nationally recognized system of need 15 analysis approved by the State Board of Community Colleges. An 16 award for academic merit shall require a minimum overall grade 17 point average of 3.0 on a 4.0 scale or the equivalent for both 18 initial receipt of the award and renewal of the award. 19 (d) These funds may not be used for direct or indirect 20 administrative purposes or salaries. 21 Section 4. Subsections (1), (2), and (7) of section 22 240.40201, Florida Statutes, are amended to read: 23 240.40201 Florida Bright Futures Scholarship 24 Program.-- 25 (1) The Florida Bright Futures Scholarship Program is 26 created to establish a lottery-funded scholarship program to 27 reward any Florida high school graduate who merits recognition 28 of high academic achievement and who enrolls in a degree 29 program, certificate program, or applied technology diploma 30 program at an eligible Florida public or private postsecondary 31 education institution within 7 3 years of graduation from high 9 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 school. No award shall be provided to a student beyond 7 years 2 after high school graduation, regardless of the year in which 3 a student first receives scholarship funding. 4 (2) The Bright Futures Scholarship Program consists of 5 three types of awards, the Florida Academic Scholarship, the 6 Florida Medallion Merit Scholarship, and the Florida 7 Vocational Gold Seal Vocational Scholarship. 8 (7) A student may receive only one type of award from 9 the Florida Bright Futures Scholarship Program at a time, but 10 may transfer from one type of award to another through the 11 renewal application process, if the student's eligibility 12 status changes. However, a student is not eligible to transfer 13 from a Florida Medallion Merit Scholarship or a Florida 14 Vocational Gold Seal Vocational Scholarship to a Florida 15 Academic Scholarship. A student who receives an award from the 16 program may also receive a federal family education loan or a 17 federal direct loan, and the value of the award must be 18 considered in the certification or calculation of the 19 student's loan eligibility. 20 Section 5. Section 240.40202, Florida Statutes, is 21 amended to read: 22 240.40202 Florida Bright Futures Scholarship Program; 23 student eligibility requirements for initial awards.-- 24 (1) To be eligible for an initial award from any of 25 the three types of scholarships under the Florida Bright 26 Futures Scholarship Program, a student must: 27 (a) Be a Florida resident as defined in s. 240.404 and 28 rules of the State Board of Education. 29 (b) Earn a standard Florida high school diploma or its 30 equivalent as described in s. 232.246 or s. 229.814 unless: 31 1. The student is enrolled full time in the early 10 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 admission program of an eligible postsecondary education 2 institution or completes a home education program according to 3 s. 232.0201; or 4 2. The student earns a high school diploma from a 5 non-Florida school while living with a parent or guardian who 6 is on military or public service assignment away from Florida. 7 "Public service assignment," as used in this subparagraph, 8 means the occupational assignment outside Florida of a person 9 who is a permanent resident of Florida and who is employed by 10 the United States Government or the State of Florida, a 11 condition of which employment is assignment outside Florida. 12 (c) Be accepted by and enroll in an eligible Florida 13 public or independent postsecondary education institution. 14 (d) Be enrolled for at least 6 semester credit hours 15 or the equivalent in quarter hours or clock hours. 16 (e) Not have been found guilty of, or have pled plead 17 nolo contendere to or guilty to, a felony charge, unless the 18 student has been granted clemency by the Governor and Cabinet 19 sitting as the Executive Office of Clemency. 20 (f) Apply for a scholarship from the program by April 21 1 of the last semester before high school graduation. Requests 22 for exceptions to this deadline may be accepted by the high 23 school or district through December 31 following high school 24 graduation. 25 (2) A student is eligible to accept an initial award 26 for 3 years following high school graduation and to accept a 27 renewal award for 7 years following high school graduation. A 28 student who applies for an award by April 1 and who meets all 29 other eligibility requirements, but who does not accept his or 30 her award during the first year of eligibility after high 31 school graduation, may apply for reinstatement of the award 11 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 for use within 7 reapply during subsequent application periods 2 up to 3 years after high school graduation. Reinstatement 3 applications must be received by the deadline established by 4 the Department of Education. 5 (3) For purposes of calculating the grade point 6 average to be used in determining initial eligibility for a 7 Florida Bright Futures scholarship, the department shall 8 assign additional weights to grades earned in the following 9 courses: 10 (a) Courses identified in the course code directory as 11 Advanced Placement, pre-International Baccalaureate, or 12 International Baccalaureate. 13 (b) Courses designated as academic dual enrollment 14 courses in the statewide course numbering system. 15 16 The department may assign additional weights to courses, other 17 than those described in paragraphs (a) and (b), that are 18 identified by the Articulation Coordinating Committee as 19 containing rigorous academic curriculum and performance 20 standards. The additional weight assigned to a course pursuant 21 to this subsection shall not exceed 0.5 per course. The 22 weighted system shall be developed and distributed to all high 23 schools in the state prior to January 1, 1998. The department 24 may determine a student's eligibility status during the senior 25 year before graduation and may inform the student of the award 26 at that time. 27 (4) Each school district shall provide each high 28 school student a complete and accurate Florida Bright Futures 29 Scholarship Evaluation Report and Key annually. The report 30 shall be disseminated at the beginning of each school year. 31 The report must include all high school coursework attempted, 12 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 the number of credits earned toward each type of award, and 2 the calculation of the grade point average for each award. The 3 report must also identify all requirements not met per award 4 as well as the award or awards for which the student has met 5 the academic requirements. 6 (5)(4) A student who wishes to qualify for a 7 particular award within the Florida Bright Futures Scholarship 8 Program, but who does not meet all of the requirements for 9 that level of award, may, nevertheless, receive the award if 10 the principal of the student's school or the district 11 superintendent verifies that the deficiency is caused by the 12 fact that school district personnel provided inaccurate or 13 incomplete information to the student. The school district 14 must provide a means for the student to correct the 15 deficiencies and the student must correct them, either by 16 completing comparable work at the postsecondary institution or 17 by completing a directed individualized study program 18 developed and administered by the school district. If the 19 student does not complete the requirements by December 31 20 immediately following high school graduation, the student is 21 ineligible to participate in the program. 22 Section 6. Section 240.40203, Florida Statutes, is 23 amended to read: 24 240.40203 Florida Bright Futures Scholarship Program; 25 student eligibility requirements for renewal, reinstatement, 26 and restoration awards.-- 27 (1) To be eligible to receive renew a scholarship from 28 any of the three types of scholarships under the Florida 29 Bright Futures Scholarship Program after the first year of 30 eligibility, a student must meet the following requirements 31 for renewal, reinstatement, or restoration: 13 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (a) Renewal applies to students who receive an award 2 for at least one term during the immediately preceding 3 academic year. For renewal, a student must complete at least 4 12 semester credit hours or the equivalent in the last 5 academic year in which the student earned a scholarship and. 6 (b) maintain the cumulative grade point average 7 required by the scholarship program, except that: 8 1. If a recipient's grades fall beneath the average 9 required to renew a Florida Academic Scholarship, but are 10 sufficient to renew a Florida Medallion Merit Scholarship or a 11 Florida Vocational Gold Seal Scholarship, the Department of 12 Education may grant a renewal to the Florida Medallion 13 Scholarship. from one of those other scholarship programs, if 14 the student meets the renewal eligibility requirements; or 15 2. If, upon renewal evaluation, a student fails to 16 meet the renewal criteria pursuant to this section, credit 17 hours and grades earned during the following summer term may 18 be used to satisfy the renewal requirements. If, at any time 19 during the eligibility period, a student's grades are 20 insufficient to renew the scholarship, the student may restore 21 eligibility by improving the grade point average to the 22 required level. A student is eligible for such a reinstatement 23 only once. The Legislature encourages education institutions 24 to assist students to calculate whether or not it is possible 25 to raise the grade point average during the summer term. If 26 the institution determines that it is possible, the education 27 institution may so inform the department, which may reserve 28 the student's award if funds are available. The renewal, 29 however, must not be granted until the student achieves the 30 required cumulative grade point average and earns the required 31 number of hours. If, during the summer term, a student does 14 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 not earn is not sufficient hours or to raise the grade point 2 average to the required renewal level, the student shall not 3 be eligible for an award student's next opportunity for 4 renewal is the fall semester of the following academic year. 5 (b) Reinstatement applies to students who were 6 eligible but did not receive an award during the previous 7 academic year or years, and who may apply to reestablish use 8 of the scholarship. For reinstatement, a student must have 9 been eligible at the time of the student's most recent Florida 10 Bright Futures Scholarship eligibility determination. The 11 student must apply for reinstatement by submitting a 12 reinstatement application by the deadline established by the 13 Department of Education. 14 (c) Restoration applies to students who lost 15 scholarship eligibility as a result of not meeting the renewal 16 grade point average or number of hours, or both, at a prior 17 evaluation period. A student may restore eligibility by 18 meeting the renewal grade point average during a subsequent 19 renewal evaluation period. A student is eligible to receive 20 such restoration only once. The student must submit an 21 application for restoration by the deadline established by the 22 Department of Education. 23 (2) A Florida Academic Scholar or a Florida Medallion 24 Scholar student who is enrolled in a program that terminates 25 in an associate degree or a baccalaureate degree may receive 26 an award for a maximum of 110 percent of the number of credit 27 hours required to complete the undergraduate program. 28 (3) A Florida Academic Scholar or a Florida Medallion 29 Scholar who is enrolled in a combined undergraduate/graduate 30 program that terminates in the award of a postbaccalaureate 31 degree, or the simultaneous award of baccalaureate and 15 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 postbaccalaureate degrees, may receive an award for a maximum 2 of 110 percent of the number of credit hours required to 3 complete a standard undergraduate program at the institution 4 attended, at the undergraduate rate. 5 (4) A Florida Gold Seal Vocational Scholar student who 6 is enrolled in a program that terminates in a technical 7 certificate may receive an award for up to 90 semester a 8 maximum of 110 percent of the credit hours or the equivalent 9 clock hours required to complete the program up to 90 credit 10 hours. A student who transfers from the Florida Gold Seal 11 Vocational Scholars award to the Florida Medallion Scholars 12 award one of these program levels to another becomes eligible 13 for the higher of the two credit hour limits. 14 Section 7. Section 240.40204, Florida Statutes, is 15 amended to read: 16 240.40204 Florida Bright Futures Scholarship Program; 17 eligible postsecondary education institutions.--A student is 18 eligible for an award or the renewal, reinstatement, or 19 restoration of an award from the Florida Bright Futures 20 Scholarship Program if the student meets the requirements for 21 the program as described in this act and is enrolled in a 22 postsecondary education institution that meets the description 23 in any one of the following subsections: 24 (1) A Florida public university, community college, or 25 technical center. 26 (2) An independent Florida college or university that 27 is accredited by an accrediting agency recognized by the 28 United States Department of Education a member of the 29 Commission on Recognition of Postsecondary Accreditation and 30 which has operated in the state for at least 3 years. 31 (3) An independent Florida postsecondary education 16 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 institution that is licensed by the State Board of Independent 2 Colleges and Universities and which: 3 (a) Shows evidence of sound financial condition; and 4 (b) Has operated in the state for at least 3 years 5 without having its approval, accreditation, or license placed 6 on probation. 7 (4) A Florida independent postsecondary education 8 institution that offers a nursing diploma approved by the 9 Board of Nursing. 10 (5) A Florida independent postsecondary education 11 institution that is licensed by the State Board of Nonpublic 12 Career Education and which: 13 (a) Has a program completion and placement rate of at 14 least the rate required by the current Florida Statutes, the 15 Florida Administrative Code, or the Department of Education 16 for an institution at its level; and 17 (b) Shows evidence of sound financial condition; and 18 either: 19 1. Is accredited at the institutional level by an 20 accrediting agency recognized by the United States Department 21 of Education and has operated in the state for at least 3 22 years during which there has been no complaint for which 23 probable cause has been found; or 24 2. Has operated in Florida for 5 years during which 25 there has been no complaint for which probable cause has been 26 found. 27 Section 8. Section 240.40205, Florida Statutes, is 28 amended to read: 29 240.40205 Florida Academic Scholars award.-- 30 (1) A student is eligible for a Florida Academic 31 Scholars award if the student meets the general eligibility 17 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 requirements for the Florida Bright Futures Scholarship 2 Program and the student: 3 (a) Has achieved a 3.5 weighted grade point average as 4 calculated pursuant to s. 240.40202, or its equivalent, in 5 high school courses that are adopted by the Board of Regents 6 and recommended by the State Board of Community Colleges as 7 college-preparatory academic courses; and 8 (b) Has attained at least the score identified by 9 rules of the Department of Education on the combined verbal 10 and quantitative parts of the Scholastic Aptitude Test, the 11 Scholastic Assessment Test, or the recentered Scholastic 12 Assessment Test of the College Entrance Examination, or an 13 equivalent score on the American College Testing Program; or 14 (c) Has attended a home education program according to 15 s. 232.0201 during grades 11 and 12 or has completed the 16 International Baccalaureate curriculum but failed to earn the 17 International Baccalaureate Diploma, and has attained at least 18 the score identified by rules of the Department of Education 19 on the combined verbal and quantitative parts of the 20 Scholastic Aptitude Test, the Scholastic Assessment Test, or 21 the recentered Scholastic Assessment Test of the College 22 Entrance Examination, or an equivalent score on the American 23 College Testing Program; or 24 (d) Has been awarded an International Baccalaureate 25 Diploma from the International Baccalaureate Office; or 26 (e) Has been recognized by the merit or achievement 27 programs of the National Merit Scholarship Corporation as a 28 scholar or finalist; or 29 (f) Has been recognized by the National Hispanic 30 Recognition Program as a scholar recipient; or. 31 (g) Has been awarded the American International 18 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Certificate of Education Diploma from the University of 2 Cambridge. 3 4 Effective with the 1998-1999 school year, a student must 5 complete a program of community service work, as approved by 6 the district school board or the administrators of a nonpublic 7 school, which shall include a minimum of 75 hours of service 8 work and require the student to identify a social problem that 9 interests him or her, develop a plan for his or her personal 10 involvement in addressing the problem, and, through papers or 11 other presentations, evaluate and reflect upon his or her 12 experience. 13 (2) A Florida Academic Scholar who is enrolled in a 14 public postsecondary education institution is eligible for an 15 award equal to the amount required to pay matriculation and, 16 fees, as defined by the department, and $600 for 17 college-related expenses annually. A student who is enrolled 18 in a nonpublic postsecondary education institution is eligible 19 for an award equal to the amount that would be required to pay 20 for the average matriculation and fees of a public 21 postsecondary education institution at the comparable level, 22 plus the annual $600. 23 (3) To be eligible for a renewal or restoration award 24 as a Florida Academic Scholar, a student must meet the 25 requirements of s. 240.40203 and the maintain the equivalent 26 of a grade point average requirement of 3.0 on a 4.0 scale, or 27 the equivalent, for all postsecondary education work 28 attempted. A student may have, with an opportunity for one 29 restoration reinstatement as provided in this act. 30 (4) In each school district, the Florida Academic 31 Scholar with the highest academic ranking shall be designated 19 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 as an Academic Top Scholar and shall receive an additional 2 award of $1,500 for college-related expenses. This award must 3 be funded from the Florida Bright Futures Scholarship Program. 4 Section 9. Section 240.40206, Florida Statutes, is 5 amended to read: 6 240.40206 Florida Medallion Merit Scholars award.-- 7 (1) A student is eligible for a Florida Medallion 8 Merit Scholars award if the student meets the general 9 eligibility requirements for the Florida Bright Futures 10 Scholarship Program and the student: 11 (a) Has achieved a weighted grade point average of 3.0 12 as calculated pursuant to s. 240.40202, or the equivalent, in 13 high school courses that are adopted by the Board of Regents 14 and recommended by the State Board of Community Colleges as 15 college-preparatory academic courses; and 16 (b) Has attained at least the score identified by 17 rules of the Department of Education on the combined verbal 18 and quantitative parts of the Scholastic Aptitude Test, the 19 Scholastic Assessment Test, or the recentered Scholastic 20 Assessment Test of the College Entrance Examination, or an 21 equivalent score on the American College Testing Program; or 22 (c) Has attended a home education program according to 23 s. 232.0201 during grades 11 and 12 or has completed the 24 International Baccalaureate curriculum but failed to earn the 25 International Baccalaureate Diploma, and has attained at least 26 the score identified by rules of the Department of Education 27 on the combined verbal and quantitative parts of the 28 Scholastic Aptitude Test, the Scholastic Assessment Test, or 29 the recentered Scholastic Assessment Test of the College 30 Entrance Examination, or an equivalent score on the American 31 College Testing Program; or. 20 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (d) Has been recognized by the merit or achievement 2 programs of the National Merit Scholarship Corporation as a 3 scholar or finalist, but has not completed a program of 4 community service as provided in s. 240.40205; or 5 (e) Has been recognized by the National Hispanic 6 Recognition Program as a scholar, but has not completed a 7 program of community service as provided in s. 240.40205. 8 (2) A Florida Medallion Merit Scholar is eligible for 9 an award equal to the amount required to pay 75 percent of 10 matriculation and fees, as defined by the department, if the 11 student is enrolled in a public postsecondary education 12 institution. A student who is enrolled in a nonpublic 13 postsecondary education institution is eligible for an award 14 equal to the amount that would be required to pay 75 percent 15 of the average matriculation and fees of a public 16 postsecondary education institution at the comparable level. 17 (3) To be eligible for a renewal or restoration award 18 as a Florida Medallion Merit Scholar, a student must meet the 19 requirements of s. 240.40203 and the maintain the equivalent 20 of a grade point average requirement of 2.75 on a 4.0 scale, 21 or the equivalent, for all postsecondary education work 22 attempted. A student may have, with an opportunity for 23 reinstatement one restoration time as provided in this act. 24 Section 10. Section 240.40207, Florida Statutes, is 25 amended to read: 26 240.40207 Florida Gold Seal Vocational Scholars 27 award.--The Florida Gold Seal Vocational Scholars award is 28 created within the Florida Bright Futures Scholarship Program 29 to recognize and reward academic achievement and vocational 30 preparation by high school students who wish to continue their 31 education. 21 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (1) A student is eligible for a Florida Gold Seal 2 Vocational Scholars award if the student meets the general 3 eligibility requirements for the Florida Bright Futures 4 Scholarship Program and the student: 5 (a) Successfully completes the secondary school 6 portion of a sequential program of studies that requires at 7 least three secondary school vocational credits in one program 8 of study, as identified by the Department of Education, taken 9 over at least 2 academic years, and is continued in a planned, 10 related postsecondary education program. If the student's 11 school does not offer such a two-plus-two or tech-prep 12 program, the student must complete a job-preparatory career 13 education program selected by the Workforce Estimating 14 Conference or Workforce Florida, Inc., for its ability to 15 provide high-wage employment in an occupation with high 16 potential for employment opportunities. By July 1, 2002, the 17 Articulation Coordinating Committee shall identify the 18 programs at each 4-year institution that qualify as planned, 19 related postsecondary education programs. On-the-job training 20 may not be substituted for any of the three required 21 vocational credits. 22 (b) Demonstrates readiness for postsecondary education 23 by earning a passing score on the Florida College Entry Level 24 Placement Test or its equivalent as identified by the 25 Department of Education. 26 (c) Earns a minimum cumulative weighted grade point 27 average of 3.0, as calculated pursuant to s. 240.40202, on all 28 subjects required for a standard high school diploma, 29 excluding elective courses. 30 (d) Earns a minimum unweighted grade point average of 31 3.5 on a 4.0 scale for secondary vocational courses comprising 22 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 the vocational program. 2 (e) Completes the requirements of a vocational-ready 3 diploma program, as defined by rules of the State Board of 4 Education. 5 (2) A Florida Gold Seal Vocational Scholar is eligible 6 for an award equal to the amount required to pay 75 percent of 7 matriculation and fees, as defined by the department, if the 8 student is enrolled in a public postsecondary education 9 institution. A student who is enrolled in a nonpublic 10 postsecondary education institution is eligible for an award 11 equal to the amount that would be required to pay 75 percent 12 of the matriculation and mandatory fees of a public 13 postsecondary education institution at the comparable level. 14 (3) To be eligible for a renewal or restoration award 15 as a Florida Gold Seal Vocational Scholar, a student must meet 16 the requirements of s. 240.40203 and the maintain the 17 equivalent of a grade point average requirement of 2.75 on a 18 4.0 scale, or the equivalent, for all postsecondary education 19 work attempted. A student may have, with an opportunity for 20 reinstatement one restoration time as provided in this act. 21 (4) Beginning with the fall term of 2003, a Florida 22 Gold Seal Vocational Scholars award may only be used by 23 students who enroll in programs of 2 years or less at a 24 vocational-technical institution, a community college, or a 25 junior college unless the award is a renewal of an initial 26 award issued prior to the fall term of 2003 or as otherwise 27 provided for in this section. A student may use an award for a 28 program at a 4-year institution if the program has been 29 identified by the Articulation Coordinating Committee pursuant 30 to subsection (1), the student meets the minimum State 31 University System admissions requirements, and the institution 23 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 certifies annually the student's continued enrollment in such 2 program. 3 (5) Upon successful completion of an associate degree 4 program or 60 hours, an award recipient who meets the renewal 5 criteria in subsection (3) and enrolls in a baccalaureate 6 degree program at an eligible postsecondary education 7 institution is eligible to transfer to the Florida Medallion 8 Scholars award component of the Florida Bright Futures 9 Scholarship Program. Other than initial eligibility criteria, 10 all other requirements of the Florida Medallion Scholars award 11 shall apply to a student who transfers to that program 12 pursuant to the provisions of this subsection. The number of 13 hours for which a student may receive a Florida Medallion 14 Scholars award shall be calculated by subtracting from the 15 student's total eligibility pursuant to s. 240.40206(2) the 16 number of hours for which the student has already received 17 funding under the Florida Bright Futures Scholarship Program. 18 (6) If a Florida Gold Seal Vocational Scholar received 19 an initial award prior to the fall term of 2003, and has a 20 cumulative grade point average of 2.75 in all postsecondary 21 education work attempted, the Department of Education may 22 transfer the student to the Florida Medallion Scholars award 23 component of the Florida Bright Futures Scholarship Program at 24 any renewal period. Other than initial eligibility criteria, 25 all other requirements of the Florida Medallion Scholars award 26 shall apply to a student who transfers to that program 27 pursuant to the provisions of this subsection. The number of 28 hours for which a student may receive a Florida Medallion 29 Scholars award shall be calculated by subtracting from the 30 student's total eligibility pursuant to s. 240.40206(2) the 31 number of hours for which the student has already received 24 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 funding under the Florida Bright Futures Scholarship Program. 2 (4) A student may earn a Florida Gold Seal Vocational 3 Scholarship for 110 percent of the number of credit hours 4 required to complete the program, up to 90 credit hours or the 5 equivalent. A Florida Gold Seal Scholar who has a cumulative 6 grade point average of 2.75 in all postsecondary education 7 work attempted may apply for a Florida Merit Scholars award at 8 any renewal period. All other provisions of that program 9 apply, and the credit-hour limitation must be calculated by 10 subtracting from the student's total eligibility the number of 11 credit hours the student attempted while earning the Gold Seal 12 Vocational Scholarship. 13 Section 11. Section 240.40242, Florida Statutes, is 14 repealed. 15 Section 12. Florida Bright Futures Scholarship Testing 16 Program.-- 17 (1) By January 1, 2002, the Articulation Coordinating 18 Committee shall identify the minimum scores, maximum credit, 19 and course or courses for which credit is to be awarded for 20 each College Level Examination Program (CLEP) general 21 examination, CLEP subject examination, College Board Advanced 22 Placement Program examination, and International Baccalaureate 23 examination. In addition, the Articulation Coordinating 24 Committee shall identify such courses in the general education 25 core curriculum of each state university and community 26 college. 27 (2) Each community college and state university must 28 award credit for specific courses for which competency has 29 been demonstrated by successful passage of one of these 30 examinations unless the award of credit duplicates credit 31 already awarded. Community colleges and universities may not 25 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 exempt students from courses without the award of credit if 2 competencies have been so demonstrated. 3 (3) Beginning with initial award recipients for the 4 2002-2003 academic year and continuing thereafter, students 5 eligible for a Florida Academic Scholars award or a Florida 6 Medallion Scholars award who are admitted to and enroll in a 7 community college or state university shall, prior to 8 registering for courses that may be earned through a CLEP 9 examination and no later than registration for their second 10 term, complete at least five examinations from those specified 11 in subsection (1) in the following areas: English; humanities; 12 mathematics; natural sciences; and social sciences. 13 Successful completion of dual enrollment courses, Advanced 14 Placement examinations, and International Baccalaureate 15 examinations taken prior to high school graduation satisfy 16 this requirement. The Articulation Coordinating Committee 17 shall identify the examinations that satisfy each component of 18 this requirement. 19 (4) Initial award recipients for the 2001-2002 20 academic year who are eligible for a Florida Academic Scholars 21 award or a Florida Medallion Scholars award and who are 22 admitted to and enroll in a community college or state 23 university may choose, prior to registering for courses that 24 may be earned through CLEP examination, to complete up to five 25 CLEP examinations, one in each of the following areas: 26 English; humanities; mathematics; natural sciences; and social 27 sciences. 28 (5) Each community college and state university shall 29 pay for the CLEP examinations required pursuant to this 30 section from the funds appropriated from the Educational 31 Enhancement Trust Fund. Institutions shall pay no more than 26 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 $46 per examination for the program, which shall include 2 access to a student guide to prepare for the test. The 3 Department of Education shall negotiate with the College Board 4 for a reduced rate for the examinations. The institution shall 5 not charge the student for preparation and administration of 6 the test, access to a student guide to prepare for the test, 7 or recordkeeping and reporting of each student's test results 8 to the department. 9 (6) The credit awarded pursuant to this section shall 10 apply toward the 120 hours of college credit required pursuant 11 to s. 240.115(6). 12 (7) The maximum number of credit hours for which a 13 student is eligible to receive a Florida Bright Futures 14 Scholarship Program award shall be reduced by the number of 15 hours for which credit is awarded pursuant to this section. 16 (8) Beginning with the 2002-2003 award recipients, the 17 Department of Education shall track and annually report on the 18 effectiveness of the program, and include information on the 19 number of students participating in the program; the CLEP 20 examinations taken and the passage rate of Florida Academic 21 Scholars and Florida Medallion Scholars award recipients; the 22 use of Advanced Placement and International Baccalaureate 23 examinations and dual enrollment courses to satisfy the 24 requirements of the program; and the course credit provided. 25 Section 13. Subsection (1) of section 240.404, Florida 26 Statutes, is amended to read: 27 240.404 General requirements for student eligibility 28 for state financial aid.-- 29 (1)(a) The general requirements for eligibility of 30 students for state financial aid awards consist of the 31 following: 27 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 1. Achievement of the academic requirements of and 2 acceptance at a state university or community college; a 3 nursing diploma school approved by the Florida Board of 4 Nursing; a Florida college, university, or community college 5 which is accredited by an accrediting agency recognized by the 6 United States Department of Education a member of the 7 Commission on Recognition of Postsecondary Accreditation; any 8 Florida institution the credits of which are acceptable for 9 transfer to state universities; any area technical center; or 10 any private vocational-technical institution accredited by an 11 accrediting agency recognized by the United States Department 12 of Education a member of the Commission on Recognition of 13 Postsecondary Accreditation. 14 2.a. Residency in this state for no less than 1 year 15 preceding the award of aid for a program established pursuant 16 to s. 240.409, s. 240.4095, s. 240.4097, s. 240.412, s. 17 240.4125, s. 240.413, s. 240.4987, s. 240.605, or s. 240.606. 18 Residency in this state must be for purposes other than to 19 obtain an education. Resident status for purposes of receiving 20 state financial aid awards shall be determined in the same 21 manner as resident status for tuition purposes pursuant to s. 22 240.1201 and rules of the State Board of Education. 23 b. A person who has been properly classified as a 24 resident by a postsecondary institution for initial receipt of 25 state-funded student financial assistance and has been 26 determined eligible to participate in a financial assistance 27 program may continue to qualify as a resident for state-funded 28 financial aid programs if he or she maintains continuous 29 enrollment at the postsecondary institution, with no break in 30 enrollment greater than 12 consecutive months. 31 3. Submission of certification attesting to the 28 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 accuracy, completeness, and correctness of information 2 provided to demonstrate a student's eligibility to receive 3 state financial aid awards. Falsification of such information 4 shall result in the denial of any pending application and 5 revocation of any award currently held to the extent that no 6 further payments shall be made. Additionally, students who 7 knowingly make false statements in order to receive state 8 financial aid awards shall be guilty of a misdemeanor of the 9 second degree subject to the provisions of s. 837.06 and shall 10 be required to return all state financial aid awards 11 wrongfully obtained. 12 (b)1. Eligibility for the renewal of undergraduate 13 financial aid awards shall be evaluated at the end of the 14 second semester or third quarter of each academic year. As a 15 condition for renewal, a student shall: 16 a. Have earned a minimum cumulative grade point 17 average of 2.0 on a 4.0 scale; and 18 b. Have earned, for full-time study, 12 credits per 19 term or the equivalent for the number of terms for which aid 20 was received. 21 2. A student who earns the minimum number of credits 22 required for renewal, but who fails to meet the minimum 2.0 23 cumulative grade point average, may be granted a probationary 24 award for up to the equivalent of 1 academic year and shall be 25 required to earn a cumulative grade point average of 2.0 on a 26 4.0 scale by the end of the probationary period to be eligible 27 for subsequent renewal. A student who receives a probationary 28 award and who fails to meet the conditions for renewal by the 29 end of his or her probationary period shall be ineligible to 30 receive additional awards for the equivalent of 1 academic 31 year following his or her probationary period. Each such 29 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 student may, however, reapply for assistance during a 2 subsequent application period and may be eligible for an award 3 if he or she has earned a cumulative grade point average of 4 2.0 on a 4.0 scale. 5 3. A student who fails to earn the minimum number of 6 credits required for renewal shall lose his or her eligibility 7 for renewal for a period equivalent to 1 academic year. 8 However, the student may reapply during a subsequent 9 application period and may be eligible for an award if he or 10 she has earned a minimum cumulative grade point average of 2.0 11 on a 4.0 scale. 12 4. Students who receive state student aid and 13 subsequently fail to meet state academic progress requirements 14 due to verifiable illness or other emergencies may be granted 15 an exception from the academic requirements. Such students 16 shall make a written appeal to the institution. The appeal 17 shall include a description and verification of the 18 circumstances. Verification of illness or other emergencies 19 may include but not be limited to a physician's statement or 20 written statement of a parent or college official. The 21 institution shall recommend exceptions with necessary 22 documentation to the department. The department may accept or 23 deny such recommendations for exception from the institution. 24 Section 14. Notwithstanding subsection (7) of section 25 3 of chapter 2000-321, Laws of Florida, sections 240.2985 and 26 240.6054, Florida Statutes, shall not stand repealed on 27 January 7, 2003, and are reenacted, renumbered as section 28 240.4084, Florida Statutes, and amended to read: 29 (Substantial rewording of sections. See ss. 30 240.2985 and 240.6054, F.S., for present text.) 31 240.4084 Ethics in Business Scholarship Program.--The 30 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Ethics in Business Scholarship Program is created to provide 2 scholarships to students who are enrolled in postsecondary 3 education institutions and who meet the general requirements 4 for student eligibility for state financial aid pursuant to s. 5 240.404. Moneys appropriated and allocated for such 6 scholarships shall be matched by private donations for the 7 purpose of providing ethics in business scholarships. The 8 Ethics in Business Scholarship Program shall consist of the 9 following components: 10 (1) Moneys appropriated from the Insurance 11 Commissioner's Regulatory Trust Fund to the Trust Fund for 12 Major Gifts, pursuant to section 2 of chapter 97-381, Laws of 13 Florida, shall be allocated to each university foundation on a 14 matching basis equal to the amount of private funds received 15 by such foundation for program purposes. Moneys appropriated 16 and allocated to university foundations for purposes of the 17 program shall be used to create endowments to provide 18 scholarships to undergraduate students enrolled in state 19 institutions of higher learning who register for one or more 20 credit hours in business ethics courses and who have 21 demonstrated a commitment to serve the interests of their 22 community. First priority for award of scholarships shall be 23 given to students who demonstrate financial need. The Board 24 of Regents shall administer the provisions of this subsection. 25 (2) Moneys transferred from the Insurance 26 Commissioner's Regulatory Trust Fund to the State Student 27 Financial Assistance Trust Fund, pursuant to section 3 of 28 chapter 97-381, Laws of Florida, shall be allocated to provide 29 ethics in business scholarships to students enrolled in public 30 community colleges and independent postsecondary education 31 institutions eligible to participate in the William L. Boyd, 31 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 IV, Florida Resident Access Grant Program under s. 240.605. 2 The funds shall be allocated to institutions for scholarships 3 in the following ratio: two-thirds for community colleges and 4 one-third for eligible independent institutions. These funds 5 shall be allocated to institutions that provide an equal 6 amount of matching funds generated by private donors for the 7 purpose of providing ethics in business scholarships. The 8 Department of Education shall administer the provisions of 9 this subsection and may adopt rules for such administration. 10 Notwithstanding any other provision of law, the State Board of 11 Administration shall have the authority to invest the funds 12 appropriated under this subsection. 13 14 Each institution that receives an allocation of funds shall 15 submit to the Legislature an annual report of the matching 16 funds collected and a profile of scholarship award recipients. 17 Section 15. Section 240.409, Florida Statutes, is 18 amended to read: 19 240.409 Florida Public Student Assistance Grant 20 Program; eligibility for grants.-- 21 (1) There is hereby created a Florida Public Student 22 Assistance Grant Program. The program shall be administered by 23 the participating institutions in accordance with rules of the 24 state board. 25 (2) The department is directed to establish an initial 26 application deadline for funds administered pursuant to this 27 section. 28 (3) Using the priorities established in this section 29 and in s. 240.40975, institutions shall first award funds 30 administered pursuant to this section to students who meet the 31 initial application deadline established pursuant to 32 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 subsection (2). An institution may, at its discretion, award 2 any remaining funds from this program to students who apply 3 after the deadline date and who are otherwise eligible 4 pursuant to this section. 5 (4)(2)(a) State student assistance grants through the 6 program may be made only to full-time degree-seeking students 7 who enroll in at least 6 semester hours, or the equivalent, 8 per semester and who meet the general requirements for student 9 eligibility as provided in s. 240.404, except as otherwise 10 provided in this section. Such grants shall be awarded 11 annually for the amount of demonstrated unmet need for the 12 cost of education and may not exceed an amount equal to the 13 average prior academic year cost of matriculation fees and 14 other registration fees for 30 credit hours at state 15 universities or such other amount as specified in the General 16 Appropriations Act, to any recipient. A demonstrated unmet 17 need of less than $200 shall render the applicant ineligible 18 for a state student assistance grant. Recipients of such 19 grants must have been accepted at a state university or 20 community college authorized by Florida law. No student may 21 receive an award for more than the equivalent of 9 semesters 22 or 14 quarters of full-time enrollment, except as otherwise 23 provided in s. 240.404(3). 24 (b) A student applying for a Florida public student 25 assistance grant shall be required to apply for the Pell 26 Grant. The Pell Grant entitlement shall be considered when 27 conducting an assessment of the financial resources available 28 to each student. 29 (c) Priority in the distribution of grant moneys shall 30 be given to students with the lowest total family resources, 31 in accordance with a nationally recognized system of need 33 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 analysis. Using the system of need analysis, the department 2 shall establish a maximum expected family contribution. An 3 institution may not make a grant from this program to a 4 student whose expected family contribution exceeds the level 5 established by the department. An institution may not impose 6 additional criteria to determine a student's eligibility to 7 receive a grant award. 8 (d) Each participating institution shall report, to 9 the department by the established date, the eligible students 10 to whom grant moneys are disbursed each academic term and 11 indicate whether or not the student met the application 12 deadline established pursuant to subsection (2). Each 13 institution shall also report to the department necessary 14 demographic and eligibility data for such students. 15 (5)(3) Based on the unmet financial need of an 16 eligible applicant, the amount of a Florida public student 17 assistance grant must be between $200 and the weighted average 18 of the cost of matriculation and other registration fees for 19 30 credit hours at state universities per academic year or the 20 amount specified in the General Appropriations Act. 21 (6)(4)(a) The funds appropriated for the Florida 22 Public Student Assistance Grant shall be distributed to 23 eligible institutions in accordance with a formula recommended 24 by the Department of Education's Florida Council of Student 25 Financial Aid Advisors and reviewed by the Postsecondary 26 Education Planning Commission, the State Board of Community 27 Colleges, and the Board of Regents. The formula shall consider 28 at least the prior year's distribution of funds, the number of 29 full-time eligible applicants who did not receive awards, the 30 number of eligible applicants who met the application 31 deadline, the standardization of the expected family 34 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 contribution, and provisions for unused funds. 2 (b) Payment of Florida public student assistance 3 grants shall be transmitted to the president of the state 4 university or community college, or to his or her 5 representative, in advance of the registration period. 6 Institutions shall notify students of the amount of their 7 awards. 8 (c) The eligibility status of each student to receive 9 a disbursement shall be determined by each institution as of 10 the end of its regular registration period, inclusive of a 11 drop-add period. Institutions shall not be required to 12 reevaluate a student's eligibility status after this date for 13 purposes of changing eligibility determinations previously 14 made. 15 (d) Institutions shall certify to the department the 16 amount of funds disbursed to each student, shall indicate 17 whether or not the student met the application deadline 18 established pursuant to subsection (2), and shall remit to the 19 department any undisbursed advances by June 1 of each year. 20 (7)(5) Funds appropriated by the Legislature for state 21 student assistance grants shall be deposited in the State 22 Student Financial Assistance Trust Fund. Notwithstanding the 23 provisions of s. 216.301 and pursuant to s. 216.351, any 24 balance in the trust fund at the end of any fiscal year that 25 has been allocated to the Florida Public Student Assistance 26 Grant Program shall remain therein and shall be available for 27 carrying out the purposes of this section. 28 (8)(6) The State Board of Education shall establish 29 rules necessary to implement this section. 30 Section 16. Section 240.4095, Florida Statutes, is 31 amended to read: 35 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 240.4095 Florida Private Student Assistance Grant 2 Program; eligibility for grants.-- 3 (1) There is hereby created a Florida Private Student 4 Assistance Grant Program. The program shall be administered by 5 the participating institutions in accordance with rules of the 6 state board. 7 (2) The department is directed to establish an initial 8 application deadline for funds administered pursuant to this 9 section. 10 (3) Using the priorities established in this section 11 and in s. 240.40975, institutions shall first award funds 12 administered pursuant to this section to students who met the 13 initial application deadline established pursuant to 14 subsection (2). An institution may, at its discretion, award 15 any remaining funds from this program to students who apply 16 after the deadline date and who are otherwise eligible 17 pursuant to this section. 18 (4)(2)(a) Florida private student assistance grants 19 from the State Student Financial Assistance Trust Fund may be 20 made only to full-time degree-seeking students who enroll in 21 at least 6 semester hours, or the equivalent, per semester and 22 who meet the general requirements for student eligibility as 23 provided in s. 240.404, except as otherwise provided in this 24 section. Such grants shall be awarded for the amount of 25 demonstrated unmet need for tuition and fees and may not 26 exceed an amount equal to the average matriculation and other 27 registration fees for 30 credit hours at state universities 28 plus $1,000 per academic year, or as specified in the General 29 Appropriations Act, to any applicant. A demonstrated unmet 30 need of less than $200 shall render the applicant ineligible 31 for a Florida private student assistance grant. Recipients of 36 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 such grants must have been accepted at a 2 baccalaureate-degree-granting independent nonprofit college or 3 university, which is accredited by the Commission on Colleges 4 of the Southern Association of Colleges and Schools and which 5 is located in and chartered as a domestic corporation by the 6 state. No student may receive an award for more than the 7 equivalent of 9 semesters or 14 quarters of full-time 8 enrollment, except as otherwise provided in s. 240.404(3). 9 (b) A student applying for a Florida private student 10 assistance grant shall be required to apply for the Pell 11 Grant. The Pell Grant entitlement shall be considered when 12 conducting an assessment of the financial resources available 13 to each student. 14 (c) Priority in the distribution of grant moneys shall 15 be given to students with the lowest total family resources, 16 in accordance with a nationally recognized system of need 17 analysis. Using the system of need analysis, the department 18 shall establish a maximum expected family contribution. An 19 institution may not make a grant from this program to a 20 student whose expected family contribution exceeds the level 21 established by the department. An institution may not impose 22 additional criteria to determine a student's eligibility to 23 receive a grant award. 24 (d) Each participating institution shall report, to 25 the department by the established date, the eligible students 26 to whom grant moneys are disbursed each academic term and 27 indicate whether or not the student met the application 28 deadline established pursuant to subsection (2). Each 29 institution shall also report to the department necessary 30 demographic and eligibility data for such students. 31 (5)(3) Based on the unmet financial need of an 37 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 eligible applicant, the amount of a Florida private student 2 assistance grant must be between $200 and the average cost of 3 matriculation and other registration fees for 30 credit hours 4 at state universities plus $1,000 per academic year or the 5 amount specified in the General Appropriations Act. 6 (6)(4)(a) The funds appropriated for the Florida 7 Private Student Assistance Grant shall be distributed to 8 eligible institutions in accordance with a formula recommended 9 by the Department of Education's Florida Council of Student 10 Financial Aid Advisors and reviewed by the Postsecondary 11 Education Planning Commission and the Independent Colleges and 12 Universities of Florida. The formula shall consider at least 13 the prior year's distribution of funds, the number of 14 full-time eligible applicants who did not receive awards, the 15 number of eligible applicants who met the application 16 deadline, the standardization of the expected family 17 contribution, and provisions for unused funds. 18 (b) Payment of Florida private student assistance 19 grants shall be transmitted to the president of the college or 20 university, or to his or her representative, in advance of the 21 registration period. Institutions shall notify students of the 22 amount of their awards. 23 (c) The eligibility status of each student to receive 24 a disbursement shall be determined by each institution as of 25 the end of its regular registration period, inclusive of a 26 drop-add period. Institutions shall not be required to 27 reevaluate a student's eligibility status after this date for 28 purposes of changing eligibility determinations previously 29 made. 30 (d) Institutions shall certify to the department the 31 amount of funds disbursed to each student, shall indicate 38 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 whether or not the student met the application deadline 2 established pursuant to subsection (2), and shall remit to the 3 department any undisbursed advances by June 1 of each year. 4 (e) Each institution that receives moneys through the 5 Florida Private Student Assistance Grant Program shall cause 6 to be prepared a biennial report that includes an independent 7 external audit of the institution's administration of the 8 program and a complete accounting of moneys in the State 9 Student Financial Assistance Trust Fund allocated to the 10 institution for the program. Such report shall be submitted to 11 the department on or before March 1 every other year. The 12 department may conduct its own annual or biennial audit of an 13 institution's administration of the program and its allocated 14 funds in lieu of the required biennial report and independent 15 external audit. The department may suspend or revoke an 16 institution's eligibility to receive future moneys from the 17 trust fund for the program or request a refund of any moneys 18 overpaid to the institution through the trust fund for the 19 program if the department finds that an institution has not 20 complied with the provisions of this section. Any refund 21 requested pursuant to this paragraph shall be remitted within 22 60 days. 23 (7)(5) Funds appropriated by the Legislature for 24 Florida private student assistance grants shall be deposited 25 in the State Student Financial Assistance Trust Fund. 26 Notwithstanding the provisions of s. 216.301 and pursuant to 27 s. 216.351, any balance in the trust fund at the end of any 28 fiscal year that has been allocated to the Florida Private 29 Student Assistance Grant Program shall remain therein and 30 shall be available for carrying out the purposes of this 31 section and as otherwise provided by law. 39 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (8)(6) The State Board of Education shall adopt rules 2 necessary to implement this section. 3 Section 17. Section 240.4097, Florida Statutes, is 4 amended to read: 5 240.4097 Florida Postsecondary Student Assistance 6 Grant Program; eligibility for grants.-- 7 (1) There is hereby created a Florida Postsecondary 8 Student Assistance Grant Program. The program shall be 9 administered by the participating institutions in accordance 10 with rules of the state board. 11 (2) The department is directed to establish an initial 12 application deadline for funds administered pursuant to this 13 section. 14 (3) Using the priorities established in this section 15 and s. 240.40975, institutions shall first award funds 16 administered pursuant to this section to students who meet the 17 initial application deadline established pursuant to 18 subsection (2). An institution may, at its discretion, award 19 any remaining funds from this program to students who apply 20 after the deadline date and who are otherwise eligible 21 pursuant to this section. 22 (4)(2)(a) Florida postsecondary student assistance 23 grants through the State Student Financial Assistance Trust 24 Fund may be made only to full-time degree-seeking students who 25 enroll in at least 6 semester hours, or the equivalent, per 26 semester and who meet the general requirements for student 27 eligibility as provided in s. 240.404, except as otherwise 28 provided in this section. Such grants shall be awarded for 29 the amount of demonstrated unmet need for tuition and fees and 30 may not exceed an amount equal to the average prior academic 31 year cost of matriculation and other registration fees for 30 40 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 credit hours at state universities plus $1,000 per academic 2 year, or as specified in the General Appropriations Act, to 3 any applicant. A demonstrated unmet need of less than $200 4 shall render the applicant ineligible for a Florida 5 postsecondary student assistance grant. Recipients of such 6 grants must have been accepted at a postsecondary institution 7 that is located in the state and that is: 8 1. A private nursing diploma school approved by the 9 Florida Board of Nursing; or 10 2. An institution either licensed by the State Board 11 of Independent Colleges and Universities or exempt from 12 licensure pursuant to s. 246.085(1)(a), excluding those 13 institutions the students of which are eligible to receive a 14 Florida private student assistance grant pursuant to s. 15 240.4095. 16 17 No student may receive an award for more than the equivalent 18 of 9 semesters or 14 quarters of full-time enrollment, except 19 as otherwise provided in s. 240.404(3). 20 (b) A student applying for a Florida postsecondary 21 student assistance grant shall be required to apply for the 22 Pell Grant. The Pell Grant entitlement shall be considered 23 when conducting an assessment of the financial resources 24 available to each student. 25 (c) Priority in the distribution of grant moneys shall 26 be given to students with the lowest total family resources, 27 in accordance with a nationally recognized system of need 28 analysis. Using the system of need analysis, the department 29 shall establish a maximum expected family contribution. An 30 institution may not make a grant from this program to a 31 student whose expected family contribution exceeds the level 41 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 established by the department. An institution may not impose 2 additional criteria to determine a student's eligibility to 3 receive a grant award. 4 (d) Each participating institution shall report, to 5 the department by the established date, the eligible students 6 to whom grant moneys are disbursed each academic term and 7 indicate whether or not the student met the application 8 deadline established pursuant to subsection (2). Each 9 institution shall also report to the department necessary 10 demographic and eligibility data for such students. 11 (5)(3) Based on the unmet financial need of an 12 eligible applicant, the amount of a Florida postsecondary 13 student assistance grant must be between $200 and the average 14 cost of matriculation and other registration fees for 30 15 credit hours at state universities plus $1,000 per academic 16 year or the amount specified in the General Appropriations 17 Act. 18 (6)(4)(a) The funds appropriated for the Florida 19 Postsecondary Student Assistance Grant shall be distributed to 20 eligible institutions in accordance with a formula recommended 21 by the Department of Education's Florida Council of Student 22 Financial Aid Advisors and reviewed by the Postsecondary 23 Education Planning Commission and the Florida Association of 24 Postsecondary Schools and Colleges. The formula shall consider 25 at least the prior year's distribution of funds, the number of 26 full-time eligible applicants who did not receive awards, the 27 number of eligible applicants who met the application 28 deadline, the standardization of the expected family 29 contribution, and provisions for unused funds. 30 (b) Payment of Florida postsecondary student 31 assistance grants shall be transmitted to the president of the 42 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 eligible institution, or to his or her representative, in 2 advance of the registration period. Institutions shall notify 3 students of the amount of their awards. 4 (c) The eligibility status of each student to receive 5 a disbursement shall be determined by each institution as of 6 the end of its regular registration period, inclusive of a 7 drop-add period. Institutions shall not be required to 8 reevaluate a student's eligibility status after this date for 9 purposes of changing eligibility determinations previously 10 made. 11 (d) Institutions shall certify to the department the 12 amount of funds disbursed to each student, shall indicate 13 whether or not the student met the application deadline 14 established pursuant to subsection (2), and shall remit to the 15 department any undisbursed advances by June 1 of each year. 16 (e) Each institution that receives moneys through the 17 Florida Postsecondary Student Assistance Grant Program shall 18 cause to be prepared a biennial report that includes an 19 independent external audit of the institution's administration 20 of the program and a complete accounting of moneys in the 21 State Student Financial Assistance Trust Fund allocated to the 22 institution for the program. Such report shall be submitted 23 to the department on or before March 1 every other year. The 24 department may conduct its own annual or biennial audit of an 25 institution's administration of the program and its allocated 26 funds in lieu of the required biennial report and independent 27 external audit. The department may suspend or revoke an 28 institution's eligibility to receive future moneys from the 29 trust fund for the program or request a refund of any moneys 30 overpaid to the institution through the trust fund for the 31 program if the department finds that an institution has not 43 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 complied with the provisions of this section. Any refund 2 requested pursuant to this paragraph shall be remitted within 3 60 days. 4 (7)(5) Any institution that was eligible to receive 5 state student assistance grants on January 1, 1989, and that 6 is not eligible to receive grants pursuant to s. 240.4095 is 7 eligible to receive grants pursuant to this section. 8 (8)(6) Funds appropriated by the Legislature for 9 Florida postsecondary student assistance grants shall be 10 deposited in the State Student Financial Assistance Trust 11 Fund. Notwithstanding the provisions of s. 216.301 and 12 pursuant to s. 216.351, any balance in the trust fund at the 13 end of any fiscal year that has been allocated to the Florida 14 Postsecondary Student Assistance Grant Program shall remain 15 therein and shall be available for carrying out the purposes 16 of this section and as otherwise provided by law. 17 (9)(7) The State Board of Education shall adopt rules 18 necessary to implement this section. 19 Section 18. Section 240.40975, Florida Statutes, is 20 created to read: 21 240.40975 Florida student assistance grant programs; 22 priority for receiving grants.--Priority in the distribution 23 of grants provided pursuant to s. 240.409, s. 240.4095, or s. 24 240.4097 shall be given to eligible applicants in the 25 following order: 26 (1) To full-time students with the greatest financial 27 need as determined by the department. 28 (2) To full-time students with financial need who 29 graduate from public Florida high schools, who have completed 30 the high school courses that are adopted by the Board of 31 Regents and recommended by the State Board of Community 44 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Colleges as college-preparatory academic courses, and who rank 2 in the top 20 percent of their high school graduating class. 3 Class rank shall be determined by the Department of Education. 4 (3) To other full-time students with financial need. 5 (4) To part-time students with financial need, if 6 funds are remaining. 7 Section 19. Subsection (3) of section 240.4128, 8 Florida Statutes, is amended to read: 9 240.4128 Minority teacher education scholars 10 program.--There is created the minority teacher education 11 scholars program, which is a collaborative performance-based 12 scholarship program for African-American, Hispanic-American, 13 Asian-American, and Native American students. The participants 14 in the program include Florida's public community colleges and 15 its public and private universities that have teacher 16 education programs. 17 (3) The total amount appropriated annually for new 18 scholarships in the program must be divided by $4,000 and by 19 the number of participating colleges and universities. Each 20 participating institution has access to the same number of 21 scholarships and may award all of them to eligible minority 22 students. If a college or university does not award all of its 23 scholarships by the date set by the program administration at 24 the Florida Fund for Minority Teachers, Inc., the remaining 25 scholarships must be transferred to another institution that 26 has eligible students. Each participating institution shall 27 report to the department, by the established date, the 28 eligible students to whom scholarships are disbursed each 29 academic term. Each institution shall also report to the 30 department necessary demographic and eligibility data for such 31 students. 45 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Section 20. Subsection (6) of section 240.437, Florida 2 Statutes, is amended to read: 3 240.437 Student financial aid planning and 4 development.-- 5 (6) Any Effective July 1, 1992, all new and existing 6 financial assistance programs authorized by state law that are 7 administered by the Bureau of Student Financial Assistance of 8 the Department of Education and that under this part which are 9 not funded for 3 consecutive years after enactment shall stand 10 repealed. Financial aid programs provided under this part on 11 July 1, 1992, which lose funding for 3 consecutive years shall 12 stand repealed. The Bureau Office of Student Financial 13 Assistance of the Department of Education shall annually 14 review the legislative appropriation of financial aid to 15 identify such programs. 16 Section 21. Section 240.465, Florida Statutes, is 17 amended to read: 18 240.465 Delinquent accounts.-- 19 (1) The Department of Education is directed to exert 20 every lawful and reasonable effort to collect all delinquent 21 unpaid and uncanceled scholarship loan notes, student loan 22 notes, and defaulted guaranteed loan notes. 23 (2) The department is authorized to establish a 24 recovery account into which unpaid and uncanceled scholarship 25 loan note, student loan note, and defaulted guaranteed loan 26 note accounts may be transferred. 27 (3) The department is authorized to settle any 28 delinquent unpaid and uncanceled scholarship loan notes, 29 student loan notes, and defaulted guaranteed loan notes and to 30 employ the service of a collection agent when deemed advisable 31 in collecting delinquent or defaulted accounts. However, no 46 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 collection agent may be paid a commission in excess of 35 2 percent of the amount collected. Any expense incurred by the 3 department in enforcing the collection of a loan note may be 4 borne by the signer of the note and may be added to the amount 5 of the principal of such note. 6 (4) The department is authorized to charge off unpaid 7 and uncanceled scholarship loan notes and student loan notes 8 which are at least 3 years delinquent and which prove 9 uncollectible after good faith collection efforts. However, a 10 delinquent account with a past due balance of $25 or less may 11 be charged off as uncollectible when it becomes 6 months past 12 due and the cost of further collection effort or assignment to 13 a collection agent would not be warranted. 14 (5) No individual borrower who has been determined to 15 be in default in making legally required scholarship loan, 16 student loan, or guaranteed loan repayments shall be furnished 17 with his or her academic transcripts or other student records 18 until such time as the loan is paid in full or the default 19 status has been removed. 20 (5)(6) The department is authorized to charge an 21 individual borrower who has been determined to be in default 22 in making legally required loan repayments the maximum 23 interest rate authorized by law. 24 (6)(7) The State Board of Education shall adopt such 25 rules as are necessary to regulate the collection, settlement, 26 and charging off of delinquent unpaid and uncanceled 27 scholarship loan notes, student loan notes, and defaulted 28 guaranteed loan notes. 29 Section 22. Notwithstanding subsection (7) of section 30 3 of chapter 2000-321, Laws of Florida, section 240.551, 31 Florida Statutes, shall not stand repealed on January 7, 2003, 47 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 and is reenacted and amended to read: 2 240.551 Florida Prepaid College Program.-- 3 (1) LEGISLATIVE INTENT.--The Legislature recognizes 4 that educational opportunity at the postsecondary level is a 5 critical state interest. It further recognizes that 6 educational opportunity is best ensured through the provision 7 of postsecondary institutions that are geographically and 8 financially accessible. Accordingly, it is the intent of the 9 Legislature that a program be established through which many 10 of the costs associated with postsecondary attendance may be 11 paid in advance and fixed at a guaranteed level for the 12 duration of undergraduate enrollment. It is similarly the 13 intent of the Legislature to provide a program that fosters 14 timely financial planning for postsecondary attendance and to 15 encourage employer participation in such planning through 16 program contributions on behalf of employees and the 17 dependents of employees. 18 (2) DEFINITIONS.-- 19 (a) "Advance payment contract" means a contract 20 entered into by the board and a purchaser pursuant to this 21 section. 22 (b) "Board" means the Florida Prepaid College Board. 23 (c) "Fund" means the Florida Prepaid College Trust 24 Fund. 25 (d) "Program" means the Florida Prepaid College 26 Program. 27 (e) "Purchaser" means a person who makes or is 28 obligated to make advance registration or dormitory residence 29 payments in accordance with an advance payment contract. 30 (f) "Qualified beneficiary" means: 31 1. A resident of this state at the time a purchaser 48 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 enters into an advance payment contract on behalf of the 2 resident; 3 2. A nonresident who is the child of a noncustodial 4 parent who is a resident of this state at the time that such 5 parent enters into an advance payment contract on behalf of 6 the child; or 7 3. For purposes of advance payment contracts entered 8 into pursuant to subsection (22), a graduate of an accredited 9 high school in this state who is a resident of this state at 10 the time he or she is designated to receive the benefits of 11 the advance payment contract. 12 (g) "Registration fee" means matriculation fee, 13 financial aid fee, building fee, and Capital Improvement Trust 14 Fund fee. 15 (h) "State postsecondary institution" means any 16 community college identified in s. 240.3031 or university 17 identified in s. 240.2011. 18 (3) FLORIDA PREPAID COLLEGE PROGRAM; CREATION.--There 19 is created a Florida Prepaid College Program to provide a 20 medium through which the cost of registration and dormitory 21 residence may be paid in advance of enrollment in a state 22 postsecondary institution at a rate lower than the projected 23 corresponding cost at the time of actual enrollment. Such 24 payments shall be combined and invested in a manner that 25 yields, at a minimum, sufficient interest to generate the 26 difference between the prepaid amount and the cost of 27 registration and dormitory residence at the time of actual 28 enrollment. Students who enroll in a state postsecondary 29 institution pursuant to this section shall be charged no fees 30 in excess of the terms delineated in the advance payment 31 contract. 49 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (4) FLORIDA PREPAID COLLEGE TRUST FUND.--There is 2 created within the State Board of Administration the Florida 3 Prepaid College Trust Fund. The fund shall consist of state 4 appropriations, moneys acquired from other governmental or 5 private sources, and moneys remitted in accordance with 6 advance payment contracts. All funds deposited into the trust 7 fund may be invested pursuant to s. 215.47. Dividends, 8 interest, and gains accruing to the trust fund shall increase 9 the total funds available for the program. Notwithstanding the 10 provisions of chapter 717, funds associated with terminated 11 contracts pursuant to subsection (12) and canceled contracts 12 for which no refunds have been claimed shall increase the 13 total funds available for the program. However, the board 14 shall establish procedures for notifying purchasers who 15 subsequently cancel their contracts of any unclaimed refund 16 and shall establish a time period after which no refund may be 17 claimed by a purchaser who canceled a contract. Any balance 18 contained within the fund at the end of a fiscal year shall 19 remain therein and shall be available for carrying out the 20 purposes of the program. In the event that dividends, 21 interest, and gains exceed the amount necessary for program 22 administration and disbursements, the board may designate an 23 additional percentage of the fund to serve as a contingency 24 fund. Moneys contained within the fund shall be exempt from 25 the investment requirements of s. 18.10. Any funds of a 26 direct-support organization created pursuant to subsection 27 (22) shall be exempt from the provisions of this subsection. 28 (5) PROGRAM ADMINISTRATION.-- 29 (a) The Florida Prepaid College Program shall be 30 administered by the Florida Prepaid College Board as an agency 31 of the state. The Florida Prepaid College Board is hereby 50 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 created as a body corporate with all the powers of a body 2 corporate for the purposes delineated in this section. For 3 the purposes of s. 6, Art. IV of the State Constitution, the 4 board shall be assigned to and administratively housed within 5 the State Board of Administration, but it shall independently 6 exercise the powers and duties specified in this section. 7 (b) The board shall consist of seven members to be 8 composed of the Insurance Commissioner and Treasurer, the 9 Comptroller, the Chancellor of the Board of Regents, the 10 Executive Director of the State Board of Community Colleges, 11 and three members appointed by the Governor and subject to 12 confirmation by the Senate. Each member appointed by the 13 Governor shall possess knowledge, skill, and experience in the 14 areas of accounting, actuary, risk management, or investment 15 management. Each member of the board not appointed by the 16 Governor may name a designee to serve the board on behalf of 17 the member; however, any designee so named shall meet the 18 qualifications required of gubernatorial appointees to the 19 board. Members appointed by the Governor shall serve terms of 20 3 years. Any person appointed to fill a vacancy on the board 21 shall be appointed in a like manner and shall serve for only 22 the unexpired term. Any member shall be eligible for 23 reappointment and shall serve until a successor qualifies. 24 Members of the board shall serve without compensation but 25 shall be reimbursed for per diem and travel in accordance with 26 s. 112.061. Each member of the board shall file a full and 27 public disclosure of his or her financial interests pursuant 28 to s. 8, Art. II of the State Constitution and corresponding 29 statute. 30 (c) The board shall annually elect a board member to 31 serve as chair and a board member to serve as vice chair and 51 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 shall designate a secretary-treasurer who need not be a member 2 of the board. The secretary-treasurer shall keep a record of 3 the proceedings of the board and shall be the custodian of all 4 printed material filed with or by the board and of its 5 official seal. Notwithstanding the existence of vacancies on 6 the board, a majority of the members shall constitute a 7 quorum. The board shall take no official action in the absence 8 of a quorum. The board shall meet, at a minimum, on a 9 quarterly basis at the call of the chair. 10 (6) FLORIDA PREPAID COLLEGE BOARD; DUTIES.--The board 11 shall: 12 (a) Appoint an executive director to serve as the 13 chief administrative and operational officer of the board and 14 to perform other duties assigned to him or her by the board. 15 (b) Administer the fund in a manner that is 16 sufficiently actuarially sound to defray the obligations of 17 the program. The board shall annually evaluate or cause to be 18 evaluated the actuarial soundness of the fund. If the board 19 perceives a need for additional assets in order to preserve 20 actuarial soundness, the board may adjust the terms of 21 subsequent advance payment contracts to ensure such soundness. 22 (c) Establish a comprehensive investment plan for the 23 purposes of this section with the approval of the State Board 24 of Administration. The comprehensive investment plan shall 25 specify the investment policies to be utilized by the board in 26 its administration of the fund. The board may place assets of 27 the fund in savings accounts or use the same to purchase fixed 28 or variable life insurance or annuity contracts, securities, 29 evidence of indebtedness, or other investment products 30 pursuant to the comprehensive investment plan and in such 31 proportions as may be designated or approved under that plan. 52 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Such insurance, annuity, savings, or investment products shall 2 be underwritten and offered in compliance with the applicable 3 federal and state laws, regulations, and rules by persons who 4 are duly authorized by applicable federal and state 5 authorities. Within the comprehensive investment plan, the 6 board may authorize investment vehicles, or products incident 7 thereto, as may be available or offered by qualified companies 8 or persons. A contract purchaser may not direct the investment 9 of his or her contribution to the trust fund, and a contract 10 beneficiary may not direct the contribution made on his or her 11 behalf to the trust fund. Board members and employees of the 12 board are not prohibited from purchasing advance payment 13 contracts by virtue of their fiduciary responsibilities as 14 members of the board or official duties as employees of the 15 board. 16 (d) Solicit proposals and contract, pursuant to s. 17 287.057, for the marketing of the Florida Prepaid College 18 Program. The entity designated pursuant to this paragraph 19 shall serve as a centralized marketing agent for the program 20 and shall be solely responsible for the marketing of the 21 program. Any materials produced for the purpose of marketing 22 the program shall be submitted to the board for review. No 23 such materials shall be made available to the public before 24 the materials are approved by the board. Any educational 25 institution may distribute marketing materials produced for 26 the program; however, all such materials shall have been 27 approved by the board prior to distribution. Neither the state 28 nor the board shall be liable for misrepresentation of the 29 program by a marketing agent. 30 (e) Solicit proposals and contract, pursuant to s. 31 287.057, for a trustee services firm to select and supervise 53 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 investment programs on behalf of the board. The goals of the 2 board in selecting a trustee services firm shall be to obtain 3 the highest standards of professional trustee services, to 4 allow all qualified firms interested in providing such 5 services equal consideration, and to provide such services to 6 the state at no cost and to the purchasers at the lowest cost 7 possible. The trustee services firm shall agree to meet the 8 obligations of the board to qualified beneficiaries if moneys 9 in the fund fail to offset the obligations of the board as a 10 result of imprudent selection or supervision of investment 11 programs by such firm. Evaluations of proposals submitted 12 pursuant to this paragraph shall include, but not be limited 13 to, the following criteria: 14 1. Adequacy of trustee services for supervision and 15 management of the program, including current operations and 16 staff organization and commitment of management to the 17 proposal. 18 2. Capability to execute program responsibilities 19 within time and regulatory constraints. 20 3. Past experience in trustee services and current 21 ability to maintain regular and continuous interactions with 22 the board, records administrator, and product provider. 23 4. The minimum purchaser participation assumed within 24 the proposal and any additional requirements of purchasers. 25 5. Adequacy of technical assistance and services 26 proposed for staff. 27 6. Adequacy of a management system for evaluating and 28 improving overall trustee services to the program. 29 7. Adequacy of facilities, equipment, and electronic 30 data processing services. 31 8. Detailed projections of administrative costs, 54 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 including the amount and type of insurance coverage, and 2 detailed projections of total costs. 3 (f) Solicit proposals and contract, pursuant to s. 4 287.057, for product providers to develop investment 5 portfolios on behalf of the board to achieve the purposes of 6 this section. Product providers shall be limited to authorized 7 insurers as defined in s. 624.09, banks as defined in s. 8 658.12, associations as defined in s. 665.012, authorized 9 Securities and Exchange Commission investment advisers, and 10 investment companies as defined in the Investment Company Act 11 of 1940. All product providers shall have their principal 12 place of business and corporate charter located and registered 13 in the United States. In addition, each product provider shall 14 agree to meet the obligations of the board to qualified 15 beneficiaries if moneys in the fund fail to offset the 16 obligations of the board as a result of imprudent investing by 17 such provider. Each authorized insurer shall evidence superior 18 performance overall on an acceptable level of surety in 19 meeting its obligations to its policyholders and other 20 contractual obligations. Only qualified public depositories 21 approved by the Insurance Commissioner and Treasurer shall be 22 eligible for board consideration. Each investment company 23 shall provide investment plans as specified within the request 24 for proposals. The goals of the board in selecting a product 25 provider company shall be to provide all purchasers with the 26 most secure, well-diversified, and beneficially administered 27 postsecondary education expense plan possible, to allow all 28 qualified firms interested in providing such services equal 29 consideration, and to provide such services to the state at no 30 cost and to the purchasers at the lowest cost possible. 31 Evaluations of proposals submitted pursuant to this paragraph 55 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 shall include, but not be limited to, the following criteria: 2 1. Fees and other costs charged to purchasers that 3 affect account values or operational costs related to the 4 program. 5 2. Past and current investment performance, including 6 investment and interest rate history, guaranteed minimum rates 7 of interest, consistency of investment performance, and any 8 terms and conditions under which moneys are held. 9 3. Past experience and ability to provide timely and 10 accurate service in the areas of records administration, 11 benefit payments, investment management, and complaint 12 resolution. 13 4. Financial history and current financial strength 14 and capital adequacy to provide products, including operating 15 procedures and other methods of protecting program assets. 16 (7) FLORIDA PREPAID COLLEGE BOARD; POWERS.--The board 17 shall have the powers necessary or proper to carry out the 18 provisions of this section, including, but not limited to, the 19 power to: 20 (a) Adopt an official seal and rules. 21 (b) Sue and be sued. 22 (c) Make and execute contracts and other necessary 23 instruments. 24 (d) Establish agreements or other transactions with 25 federal, state, and local agencies, including state 26 universities and community colleges. 27 (e) Invest funds not required for immediate 28 disbursement. 29 (f) Appear in its own behalf before boards, 30 commissions, or other governmental agencies. 31 (g) Hold, buy, and sell any instruments, obligations, 56 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 securities, and property determined appropriate by the board. 2 (h) Require a reasonable length of state residence for 3 qualified beneficiaries. 4 (i) Restrict the number of participants in the 5 community college plan, university plan, and dormitory 6 residence plan, respectively. However, any person denied 7 participation solely on the basis of such restriction shall be 8 granted priority for participation during the succeeding year. 9 (j) Segregate contributions and payments to the fund 10 into various accounts and funds. 11 (k) Contract for necessary goods and services, employ 12 necessary personnel, and engage the services of private 13 consultants, actuaries, managers, legal counsel, and auditors 14 for administrative or technical assistance. 15 (l) Solicit and accept gifts, grants, loans, and other 16 aids from any source or participate in any other way in any 17 government program to carry out the purposes of this section. 18 (m) Require and collect administrative fees and 19 charges in connection with any transaction and impose 20 reasonable penalties, including default, for delinquent 21 payments or for entering into an advance payment contract on a 22 fraudulent basis. 23 (n) Procure insurance against any loss in connection 24 with the property, assets, and activities of the fund or the 25 board. 26 (o) Impose reasonable time limits on use of the 27 tuition benefits provided by the program. However, any such 28 limitation shall be specified within the advance payment 29 contract. 30 (p) Delineate the terms and conditions under which 31 payments may be withdrawn from the fund and impose reasonable 57 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 fees and charges for such withdrawal. Such terms and 2 conditions shall be specified within the advance payment 3 contract. 4 (q) Provide for the receipt of contributions in lump 5 sums or installment payments. 6 (r) Require that purchasers of advance payment 7 contracts verify, under oath, any requests for contract 8 conversions, substitutions, transfers, cancellations, refund 9 requests, or contract changes of any nature. Verification 10 shall be accomplished as authorized and provided for in s. 11 92.525(1)(a). 12 (s) Delegate responsibility for administration of the 13 comprehensive investment plan required in paragraph (6)(c) to 14 a person the board determines to be qualified. Such person 15 shall be compensated by the board. Directly or through such 16 person, the board may contract with a private corporation or 17 institution to provide such services as may be a part of the 18 comprehensive investment plan or as may be deemed necessary or 19 proper by the board or such person, including, but not limited 20 to, providing consolidated billing, individual and collective 21 recordkeeping and accountings, and asset purchase, control, 22 and safekeeping. 23 (t) Endorse insurance coverage written exclusively for 24 the purpose of protecting advance payment contracts, and the 25 purchasers and beneficiaries thereof, which may be issued in 26 the form of a group life policy and which is exempt from the 27 provisions of part V of chapter 627. 28 (u) Solicit proposals and contract, pursuant to s. 29 287.057, for the services of a records administrator. The 30 goals of the board in selecting a records administrator shall 31 be to provide all purchasers with the most secure, 58 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 well-diversified, and beneficially administered postsecondary 2 education expense plan possible, to allow all qualified firms 3 interested in providing such services equal consideration, and 4 to provide such services to the state at no cost and to the 5 purchasers at the lowest cost possible. Evaluations of 6 proposals submitted pursuant to this paragraph shall include, 7 but not be limited to, the following criteria: 8 1. Fees and other costs charged to purchasers that 9 affect account values or operational costs related to the 10 program. 11 2. Past experience in records administration and 12 current ability to provide timely and accurate service in the 13 areas of records administration, audit and reconciliation, 14 plan communication, participant service, and complaint 15 resolution. 16 3. Sufficient staff and computer capability for the 17 scope and level of service expected by the board. 18 4. Financial history and current financial strength 19 and capital adequacy to provide administrative services 20 required by the board. 21 (v) Establish other policies, procedures, and criteria 22 to implement and administer the provisions of this section. 23 (w) Adopt procedures to govern contract dispute 24 proceedings between the board and its vendors. 25 (8) QUALIFIED STATE TUITION PROGRAM 26 STATUS.--Notwithstanding any other provision of this section, 27 the board may adopt rules necessary to enable the program to 28 retain its status as a "qualified state tuition program" in 29 order to maintain its tax exempt status or other similar 30 status of the program, purchasers, and qualified beneficiaries 31 under the Internal Revenue Code of 1986, as defined in s. 59 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 220.03(1). The board shall inform purchasers of changes to the 2 tax or securities status of contracts purchased through the 3 program. 4 (9) PREPAID COLLEGE PLANS.--At a minimum, the board 5 shall make advance payment contracts available for two 6 independent plans to be known as the community college plan 7 and the university plan. The board may also make advance 8 payment contracts available for a dormitory residence plan. 9 (a)1. Through the community college plan, the advance 10 payment contract shall provide prepaid registration fees for a 11 specified number of undergraduate semester credit hours not to 12 exceed the average number of hours required for the conference 13 of an associate degree. The cost of participation in the 14 community college plan shall be based primarily on the average 15 current and projected registration fees within the Florida 16 Community College System and the number of years expected to 17 elapse between the purchase of the plan on behalf of a 18 qualified beneficiary and the exercise of the benefits 19 provided in the plan by such beneficiary. Qualified 20 beneficiaries shall bear the cost of any laboratory fees 21 associated with enrollment in specific courses. Each qualified 22 beneficiary shall be classified as a resident for tuition 23 purposes, pursuant to s. 240.1201, regardless of his or her 24 actual legal residence. 25 2. Effective July 1, 1998, the board may provide 26 advance payment contracts for additional fees delineated in s. 27 240.35, not to exceed the average number of hours required for 28 the conference of an associate degree, in conjunction with 29 advance payment contracts for registration fees. The cost of 30 purchasing such fees shall be based primarily on the average 31 current and projected fees within the Florida Community 60 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 College System and the number of years expected to elapse 2 between the purchase of the plan on behalf of the beneficiary 3 and the exercise of benefits provided in the plan by such 4 beneficiary. Community college plan contracts purchased prior 5 to July 1, 1998, shall be limited to the payment of 6 registration fees as defined in subsection (2). 7 (b)1. Through the university plan, the advance payment 8 contract shall provide prepaid registration fees for a 9 specified number of undergraduate semester credit hours not to 10 exceed the average number of hours required for the conference 11 of a baccalaureate degree. The cost of participation in the 12 university plan shall be based primarily on the current and 13 projected registration fees within the State University System 14 and the number of years expected to elapse between the 15 purchase of the plan on behalf of a qualified beneficiary and 16 the exercise of the benefits provided in the plan by such 17 beneficiary. Qualified beneficiaries shall bear the cost of 18 any laboratory fees associated with enrollment in specific 19 courses. Each qualified beneficiary shall be classified as a 20 resident for tuition purposes pursuant to s. 240.1201, 21 regardless of his or her actual legal residence. 22 2. Effective July 1, 1998, the board may provide 23 advance payment contracts for additional fees delineated in s. 24 240.235(1), for a specified number of undergraduate semester 25 credit hours not to exceed the average number of hours 26 required for the conference of a baccalaureate degree, in 27 conjunction with advance payment contracts for registration 28 fees. Such contracts shall provide prepaid coverage for the 29 sum of such fees, to a maximum of 45 percent of the cost of 30 registration fees. The costs of purchasing such fees shall be 31 based primarily on the average current and projected cost of 61 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 these fees within the State University System and the number 2 of years expected to elapse between the purchase of the plan 3 on behalf of the qualified beneficiary and the exercise of the 4 benefits provided in the plan by such beneficiary. University 5 plan contracts purchased prior to July 1, 1998, shall be 6 limited to the payment of registration fees as defined in 7 subsection (2). 8 (c) Through the dormitory residence plan, the advance 9 payment contract may provide prepaid housing fees for a 10 maximum of 10 semesters of full-time undergraduate enrollment 11 in a state university. Dormitory residence plans shall be 12 purchased in increments of 2 semesters. The cost of 13 participation in the dormitory residence plan shall be based 14 primarily on the average current and projected housing fees 15 within the State University System and the number of years 16 expected to elapse between the purchase of the plan on behalf 17 of a qualified beneficiary and the exercise of the benefits 18 provided in the plan by such beneficiary. Qualified 19 beneficiaries shall have the highest priority in the 20 assignment of housing within university residence halls. 21 Qualified beneficiaries shall bear the cost of any additional 22 elective charges such as laundry service or long-distance 23 telephone service. Each state university may specify the 24 residence halls or other university-held residences eligible 25 for inclusion in the plan. In addition, any state university 26 may request immediate termination of a dormitory residence 27 contract based on a violation or multiple violations of rules 28 of the residence hall or other university-held residences. In 29 the event that sufficient housing is not available for all 30 qualified beneficiaries, the board shall refund the purchaser 31 or qualified beneficiary an amount equal to the fees charged 62 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 for dormitory residence during that semester. If a qualified 2 beneficiary fails to be admitted to a state university or 3 chooses to attend a community college that operates one or 4 more dormitories or residency opportunities, or has one or 5 more dormitories or residency opportunities operated by the 6 community college direct-support organization, the qualified 7 beneficiary may transfer or cause to have transferred to the 8 community college, or community college direct-support 9 organization, the fees associated with dormitory residence. 10 Dormitory fees transferred to the community college or 11 community college direct-support organization may not exceed 12 the maximum fees charged for state university dormitory 13 residence for the purposes of this section, or the fees 14 charged for community college or community college 15 direct-support organization dormitories or residency 16 opportunities, whichever is less. 17 (10) TRANSFER OF BENEFITS TO PRIVATE AND OUT-OF-STATE 18 COLLEGES AND UNIVERSITIES AND TO AREA TECHNICAL CENTERS.--A 19 qualified beneficiary may apply the benefits of an advance 20 payment contract toward: 21 (a) Any eligible independent college or university. An 22 independent college or university that is located and 23 chartered in Florida, that is not for profit, that is 24 accredited by the Commission on Colleges of the Southern 25 Association of Colleges and Schools or the Accrediting Council 26 for Independent Colleges and Schools Accrediting Commission of 27 the Association of Independent Colleges and Schools, and that 28 confers degrees as defined in s. 246.021, is eligible for such 29 application. The board shall transfer, or cause to have 30 transferred, to the eligible independent college or university 31 designated by the qualified beneficiary an amount not to 63 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 exceed the redemption value of the advance payment contract at 2 within a state postsecondary institution. If the cost of 3 registration or housing fees at the independent college or 4 university is less than the corresponding fees at a state 5 postsecondary institution, the amount transferred shall not 6 exceed the actual cost of registration or housing fees. A 7 transfer authorized under this paragraph may not exceed the 8 number of semester credit hours or semesters of dormitory 9 residence contracted on behalf of a qualified beneficiary. 10 (b) An eligible out-of-state college or university. An 11 out-of-state college or university that is not for profit and 12 is accredited by a regional accrediting association, and that 13 confers degrees, is eligible for such application. The board 14 shall transfer, or cause to have transferred, an amount not to 15 exceed the redemption value of the advance payment contract at 16 a state postsecondary institution or the original purchase 17 price plus 5 percent compounded interest, whichever is less, 18 after assessment of a reasonable transfer fee. If the cost of 19 registration or housing fees charged the qualified beneficiary 20 at the eligible out-of-state college or university is less 21 than this calculated amount, the amount transferred shall not 22 exceed the actual cost of registration or housing fees. Any 23 remaining amount shall be transferred in subsequent semesters 24 until the transfer value is depleted. A transfer authorized 25 under this paragraph may not exceed the number of semester 26 credit hours or semesters of dormitory residence contracted on 27 behalf of a qualified beneficiary. 28 (c) An applied technology diploma program or 29 vocational certificate program conducted by a community 30 college listed in s. 240.3031 or an area technical center 31 operated by a district school board. The board shall transfer 64 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 or cause to be transferred to the community college or area 2 technical center designated by the qualified beneficiary an 3 amount not to exceed the redemption value of the advance 4 payment contract at within a state postsecondary institution. 5 If the cost of the fees charged by the college or center, as 6 authorized in s. 239.117, is less than the corresponding fees 7 at a state postsecondary institution, the amount transferred 8 may not exceed the actual cost of the fees. A transfer 9 authorized under this paragraph may not exceed the number of 10 semester credit hours contracted on behalf of a qualified 11 beneficiary. 12 13 Notwithstanding any other provision in this section, an 14 institution must be an "eligible educational institution" 15 under s. 529 of the Internal Revenue Code to be eligible for 16 the transfer of advance payment contract benefits. 17 (11) ADVANCE PAYMENT CONTRACTS; CONTENTS.--The board 18 shall construct advance payment contracts for registration and 19 may construct advance payment contracts for dormitory 20 residence as provided in this section. Advance payment 21 contracts constructed for the purposes of this section shall 22 be exempt from chapter 517 and the Florida Insurance Code. 23 Such contracts shall include, but not be limited to, the 24 following: 25 (a) The amount of the payment or payments and the 26 number of payments required from a purchaser on behalf of a 27 qualified beneficiary. 28 (b) The terms and conditions under which purchasers 29 shall remit payments, including, but not limited to, the date 30 or dates upon which each payment shall be due. 31 (c) Provisions for late payment charges and for 65 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 default. 2 (d) Provisions for penalty fees for withdrawals from 3 the fund. 4 (e) Except for an advance payment contract entered 5 into pursuant to subsection (22) or subsection (23), the name 6 and date of birth of the qualified beneficiary on whose behalf 7 the contract is drawn and the terms and conditions under which 8 another person may be substituted as the qualified 9 beneficiary. 10 (f) The name of any person who may terminate the 11 contract. The terms of the contract shall specify whether the 12 contract may be terminated by the purchaser, the qualified 13 beneficiary, a specific designated person, or any combination 14 of these persons. 15 (g) The terms and conditions under which a contract 16 may be terminated, modified, or converted, the name of the 17 person entitled to any refund due as a result of termination 18 of the contract pursuant to such terms and conditions, and the 19 amount of refund, if any, due to the person so named. 20 (h) The number of semester credit hours or semesters 21 of dormitory residence contracted by the purchaser. 22 (i) The state postsecondary system toward which the 23 contracted credit hours or semesters of dormitory residence 24 will be applied. 25 (j) The assumption of a contractual obligation by the 26 board to the qualified beneficiary to provide for a specified 27 number of semester credit hours of undergraduate instruction 28 at a state postsecondary institution, not to exceed the 29 average number of credit hours required for the conference of 30 the degree that corresponds to the plan purchased on behalf of 31 the qualified beneficiary or to provide for a specified number 66 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 of semesters of dormitory residence, not to exceed the number 2 of semesters of full-time enrollment required for the 3 conference of a baccalaureate degree. 4 (k) Other terms and conditions deemed by the board to 5 be necessary or proper. 6 (12) DURATION OF BENEFITS; ADVANCE PAYMENT 7 CONTRACT.--An advance payment contract may provide that 8 contracts which have not been terminated or the benefits 9 exercised within a specified period of time shall be 10 considered terminated. Time expended by a qualified 11 beneficiary as an active duty member of any of the armed 12 services of the United States shall be added to the period of 13 time specified pursuant to this subsection. No purchaser or 14 qualified beneficiary whose advance payment contract is 15 terminated pursuant to this subsection shall be entitled to a 16 refund. The board shall retain any moneys paid by the 17 purchaser for an advance payment contract that has been 18 terminated in accordance with this subsection. Such moneys 19 retained by the board are exempt from chapter 717, and such 20 retained moneys must be used by the board to further the 21 purposes of this section. 22 (13) REFUNDS.-- 23 (a) Except as provided in paragraphs (b), and (c), and 24 (f), no refund shall exceed the amount paid into the fund by 25 the purchaser. 26 (b) If the beneficiary is awarded a scholarship, the 27 terms of which cover the benefits included in the advance 28 payment contracts, moneys paid for the purchase of the advance 29 payment contracts shall be refunded returned to the purchaser 30 in semester installments coinciding with the matriculation by 31 the beneficiary in an amount which, in total, does not exceed 67 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 the redemption value of the advance payment contract at a 2 state postsecondary institution amounts of either the original 3 purchase price plus 5 percent compounded interest, or the 4 current rates at state postsecondary institutions, whichever 5 is less. 6 (c) In the event of the death or total disability of 7 the beneficiary, moneys paid for the purchase of advance 8 payment contracts shall be refunded returned to the purchaser 9 in an amount not to exceed the redemption value of the advance 10 payment contract at a state postsecondary institution together 11 with 5 percent compounded interest, or the current rates at 12 state postsecondary institutions, whichever is less. 13 (d) If an advance payment contract is converted from 14 one registration plan to a plan of lesser value, the amount 15 refunded shall not exceed the difference between the amount 16 paid for the original contract and the amount that would have 17 been paid for the contract to which the plan is converted had 18 the converted plan been purchased under the same payment plan 19 at the time the original advance payment contract was 20 executed. 21 (e) No refund shall be authorized through an advance 22 payment contract for any school year partially attended but 23 not completed. For purposes of this section, a school year 24 partially attended but not completed shall mean any one 25 semester whereby the student is still enrolled at the 26 conclusion of the official drop-add period, but withdraws 27 before the end of such semester. If a beneficiary does not 28 complete a community college plan or university plan for 29 reasons other than specified in paragraph (c), the purchaser 30 shall receive a refund of the amount paid into the fund for 31 the remaining unattended years of the advance payment contract 68 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 pursuant to rules promulgated by the board. 2 (f) Benefits purchased under the Florida Prepaid 3 College Program shall be permitted to roll over to a college 4 savings program, as defined under s. 529 of the United States 5 Internal Revenue Code, relating to qualified state tuition 6 programs. The board shall transfer, or cause to have 7 transferred, an amount not to exceed the redemption value of 8 the advance payment contract at a state postsecondary 9 institution in Florida at the time of the rollover, after 10 assessment of a reasonable transfer fee. 11 (14) CONFIDENTIALITY OF ACCOUNT 12 INFORMATION.--Information that identifies the purchasers or 13 beneficiaries of any plan promulgated under this section and 14 their advance payment account activities is exempt from the 15 provisions of s. 119.07(1). However, the board may authorize 16 the program's records administrator to release such 17 information to a community college, college, or university in 18 which a beneficiary may enroll or is enrolled. Community 19 colleges, colleges, and universities shall maintain such 20 information as exempt from the provisions of s. 119.07(1). 21 (15) OBLIGATIONS OF BOARD; PAYMENT.--The state shall 22 agree to meet the obligations of the board to qualified 23 beneficiaries if moneys in the fund fail to offset the 24 obligations of the board. The Legislature shall appropriate to 25 the Florida Prepaid College Trust Fund the amount necessary to 26 meet the obligations of the board to qualified beneficiaries. 27 (16) ASSETS OF THE FUND; EXPENDITURE PRIORITY.--The 28 assets of the fund shall be maintained, invested, and expended 29 solely for the purposes of this section and shall not be 30 loaned, transferred, or otherwise used by the state for any 31 purpose other than the purposes of this section. This 69 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 subsection shall not be construed to prohibit the board from 2 investing in, by purchase or otherwise, bonds, notes, or other 3 obligations of the state or an agency or instrumentality of 4 the state. Unless otherwise specified by the board, assets of 5 the fund shall be expended in the following order of priority: 6 (a) To make payments to state postsecondary 7 institutions on behalf of qualified beneficiaries. 8 (b) To make refunds upon termination of advance 9 payment contracts. 10 (c) To pay the costs of program administration and 11 operations. 12 (17) EXEMPTION FROM CLAIMS OF CREDITORS.--Moneys paid 13 into or out of the fund by or on behalf of a purchaser or 14 qualified beneficiary of an advance payment contract made 15 under this section, which contract has not been terminated, 16 are exempt, as provided by s. 222.22, from all claims of 17 creditors of the purchaser or the beneficiary. Neither moneys 18 paid into the program nor benefits accrued through the program 19 may be pledged for the purpose of securing a loan. 20 (18) PAYROLL DEDUCTION AUTHORITY.--The state or any 21 state agency, county, municipality, or other political 22 subdivision may, by contract or collective bargaining 23 agreement, agree with any employee to remit payments toward 24 advance payment contracts through payroll deductions made by 25 the appropriate officer or officers of the state, state 26 agency, county, municipality, or political subdivision. Such 27 payments shall be held and administered in accordance with 28 this section. 29 (19) DISCLAIMER.--Nothing in this section shall be 30 construed as a promise or guarantee that a qualified 31 beneficiary will be admitted to a state postsecondary 70 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 institution or to a particular state postsecondary 2 institution, will be allowed to continue enrollment at a state 3 postsecondary institution after admission, or will be 4 graduated from a state postsecondary institution. 5 (20) PROGRAM TERMINATION.--In the event that the state 6 determines the program to be financially infeasible, the state 7 may discontinue the provision of the program. Any qualified 8 beneficiary who has been accepted by and is enrolled or is 9 within 5 years of enrollment in an eligible independent 10 college or university or state postsecondary institution shall 11 be entitled to exercise the complete benefits for which he or 12 she has contracted. All other contract holders shall receive a 13 refund of the amount paid in and an additional amount in the 14 nature of interest at a rate that corresponds, at a minimum, 15 to the prevailing interest rates for savings accounts provided 16 by banks and savings and loan associations. 17 (21) ANNUAL REPORT.--The board shall annually prepare 18 or cause to be prepared a report setting forth in appropriate 19 detail an accounting of the fund and a description of the 20 financial condition of the program at the close of each fiscal 21 year. Such report shall be submitted to the President of the 22 Senate, the Speaker of the House of Representatives, and 23 members of the State Board of Education on or before March 31 24 each year. In addition, the board shall make the report 25 available to purchasers of advance payment contracts. The 26 board shall provide to the Board of Regents and the State 27 Board of Community Colleges, by March 31 each year, complete 28 advance payment contract sales information, including 29 projected postsecondary enrollments of qualified 30 beneficiaries. The accounts of the fund shall be subject to 31 annual audits by the Auditor General or his or her designee. 71 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (22) DIRECT-SUPPORT ORGANIZATION; AUTHORITY.-- 2 (a) The board may establish a direct-support 3 organization which is: 4 1. A Florida corporation, not for profit, incorporated 5 under the provisions of chapter 617 and approved by the 6 Secretary of State. 7 2. Organized and operated exclusively to receive, 8 hold, invest, and administer property and to make expenditures 9 to or for the benefit of the program. 10 3. An organization which the board, after review, has 11 certified to be operating in a manner consistent with the 12 goals of the program and in the best interests of the state. 13 Unless so certified, the organization may not use the name of 14 the program. 15 (b) The direct-support organization shall operate 16 under written contract with the board. The contract must 17 provide for: 18 1. Approval of the articles of incorporation and 19 bylaws of the direct-support organization by the board. 20 2. Submission of an annual budget for the approval of 21 the board. The budget must comply with rules adopted by the 22 board. 23 3. An annual financial and compliance audit of its 24 financial accounts and records by an independent certified 25 public accountant in accordance with rules adopted by the 26 board. 27 4. Certification by the board that the direct-support 28 organization is complying with the terms of the contract and 29 in a manner consistent with the goals and purposes of the 30 board and in the best interest of the state. Such 31 certification must be made annually and reported in the 72 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 official minutes of a meeting of the board. 2 5. The reversion to the board, or to the state if the 3 board ceases to exist, of moneys and property held in trust by 4 the direct-support organization for the benefit of the board 5 or program if the direct-support organization is no longer 6 approved to operate for the board or if the board ceases to 7 exist. 8 6. The fiscal year of the direct-support organization, 9 which must begin July 1 of each year and end June 30 of the 10 following year. 11 7. The disclosure of material provisions of the 12 contract and of the distinction between the board and the 13 direct-support organization to donors of gifts, contributions, 14 or bequests, and such disclosure on all promotional and 15 fundraising publications. 16 (c) An annual financial and compliance audit of the 17 financial accounts and records of the direct-support 18 organization must be performed by an independent certified 19 public accountant. The audit must be submitted to the board 20 for review and approval. Upon approval, the board shall 21 certify the audit report to the Auditor General for review. 22 The board and Auditor General shall have the authority to 23 require and receive from the organization or its independent 24 auditor any detail or supplemental data relative to the 25 operation of the organization. 26 (d) The identity of donors who desire to remain 27 anonymous shall be confidential and exempt from the provisions 28 of s. 119.07(1) and s. 24(a), Art. I of the State 29 Constitution, and such anonymity shall be maintained in the 30 auditor's report. Information received by the organization 31 that is otherwise confidential or exempt by law shall retain 73 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 such status. Any sensitive, personal information regarding 2 contract beneficiaries, including their identities, is exempt 3 from the provisions of s. 119.07(1) and s. 24(a), Art. I of 4 the State Constitution. 5 (e) The chair and the executive director of the board 6 shall be directors of the direct-support organization and 7 shall jointly name, at a minimum, three other individuals to 8 serve as directors of the organization. 9 (f) The board may authorize the direct-support 10 organization established in this subsection to use program 11 property, except money, and use facilities and personal 12 services subject to the provisions of this section. If the 13 direct-support organization does not provide equal employment 14 opportunities to all persons regardless of race, color, 15 religion, sex, age, or national origin, it may not use the 16 property, facilities, or personal services of the board. For 17 the purposes of this subsection, the term "personal services" 18 includes full-time personnel and part-time personnel as well 19 as payroll processing as prescribed by rule of the board. The 20 board shall adopt rules prescribing the procedures by which 21 the direct-support organization is governed and any conditions 22 with which such a direct-support organization must comply to 23 use property, facilities, or personal services of the board. 24 (g) The board may invest funds of the direct-support 25 organization which have been allocated for the purchase of 26 advance payment contracts for scholarships with receipts for 27 advance payment contracts. 28 (23) SCHOLARSHIPS.--A nonprofit organization described 29 in s. 501 (c)(3) of the United States Internal Revenue Code 30 and exempt from taxation under s. 501(a) of the United States 31 Internal Revenue Code may purchase advance payment contracts 74 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 for a scholarship program that has been approved by the board 2 and is operated by the purchasing organization. 3 Section 23. Section 240.6053, Florida Statutes, is 4 created to read: 5 240.6053 Academic program contracts.-- 6 (1) Academic program contracts with independent 7 institutions recommended by the Postsecondary Education 8 Planning Commission pursuant to s. 240.147(4), and approved by 9 the State Board of Education pursuant to s. 229.053(2), shall 10 be administered by the Department of Education. 11 (2) Funding for such contracts shall be based on the 12 average cost to the state to provide similar programs in the 13 State University System or an amount specified in the General 14 Appropriations Act. 15 (3) Priority for academic program contract support 16 shall be given to students with demonstrated financial need. 17 To be eligible for such support, a student shall meet the 18 general requirements for student eligibility for state 19 financial aid pursuant to s. 240.404. 20 (4) The tuition and fees assessed students supported 21 through an academic program contract shall not exceed the 22 amount required to pay the average matriculation and fees for 23 a comparable program at a state university. 24 (5) The amount an institution receives per student for 25 funding pursuant to this section, plus the tuition and fees 26 paid by the student, plus the value of the Florida Resident 27 Access Grant received by the student shall not exceed the full 28 cost per student to the state of a similar program in the 29 State University System. 30 (6) Institutions receiving support pursuant to this 31 section shall annually submit to the department data on 75 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 performance measures, including, but not limited to, degrees 2 granted, graduation rates, licensure or certification rates of 3 graduates where applicable, and employment in Florida. 4 Section 24. Section 295.02, Florida Statutes, is 5 amended to read: 6 295.02 Use of funds; age, etc.-- 7 (1) All sums appropriated and expended under this 8 chapter shall be used to pay tuition and registration fees as 9 defined by the Department of Education, board, and room rent 10 and to buy books and supplies for the children of: 11 (a) Deceased or disabled veterans or service members, 12 as defined and limited in s. 295.01, s. 295.016, s. 295.017, 13 s. 295.018, s. 295.019, or s. 295.0195; or, or of 14 (b) Parents classified as prisoners of war or missing 15 in action, as defined and limited in s. 295.015., who are 16 (2) Such children must be between the ages of 16 and 17 22 years and who are in attendance at: 18 (a) A state-supported institution of higher learning, 19 including a community college or vocational-technical school; 20 or. 21 (b) A postsecondary education institution eligible to 22 participate in the Florida Bright Futures Scholarship Program. 23 A student attending an eligible independent postsecondary 24 education institution may receive an award equivalent to the 25 average matriculation and fees calculated for full-time 26 attendance at a public postsecondary education institution at 27 the comparable level. 28 29 Any child having entered upon a course of training or 30 education under the provisions of this chapter, consisting of 31 a course of not more than 4 years, and arriving at the age of 76 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 22 years before the completion of such course may continue the 2 course and receive all benefits of the provisions of this 3 chapter until the course is completed. 4 (3) The Department of Education shall administer this 5 educational program subject to rules regulations of the State 6 Board of Education department. The state board is authorized 7 to adopt rules to implement the provisions of this program. 8 Section 25. Except as otherwise provided herein, this 9 act shall take effect July 1, 2001. 10 11 12 ================ T I T L E A M E N D M E N T =============== 13 And the title is amended as follows: 14 remove from the title of the bill: the entire title 15 16 and insert in lieu thereof: 17 A bill to be entitled 18 An act relating to student financial 19 assistance; amending s. 231.621, F.S.; 20 providing for loan repayments under the 21 Critical Teacher Shortage Student Loan 22 Forgiveness Program directly to the teacher 23 under certain circumstances; amending s. 24 240.209, F.S.; revising language with respect 25 to student fees; increasing the percentage of 26 funds from the financial aid fee to be used for 27 need-based financial aid; requiring Board of 28 Regents to develop criteria for making awards; 29 providing for an annual report; amending s. 30 240.35, F.S.; revising language with respect to 31 student fees; increasing the percentage of 77 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 funds from the financial aid fee to be used for 2 need-based financial aid; revising provisions 3 regarding annual report; amending s. 240.40201, 4 F.S.; revising general student eligibility 5 requirements for the Florida Bright Futures 6 Scholarship Program; amending s. 240.40202, 7 F.S., relating to the Florida Bright Futures 8 Scholarship Program; revising student 9 eligibility provisions for initial award of a 10 Florida Bright Futures Scholarship; revising 11 language with respect to reinstatement 12 applications; requiring school districts to 13 provide each high school student a Florida 14 Bright Futures Scholarship Evaluation Report 15 and Key; amending s. 240.40203, F.S.; providing 16 requirements for renewal, reinstatement, and 17 restoration awards under the Florida Bright 18 Futures Scholarship Program; revising 19 provisions relating to award limits; amending 20 s. 240.40204, F.S.; updating obsolete language 21 with respect to eligible postsecondary 22 education institutions under the Florida Bright 23 Futures Scholarship Program; amending s. 24 240.40205, F.S.; revising eligibility 25 requirements with respect to the Florida 26 Academic Scholars award; amending s. 240.40206, 27 F.S.; changing the name of the Florida Merit 28 Scholars award to the Florida Medallion 29 Scholars award; revising eligibility 30 requirements with respect to the award; 31 amending s. 240.40207, F.S.; revising 78 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 eligibility requirements with respect to the 2 Florida Gold Seal Vocational Scholars award; 3 providing restrictions on use of the award; 4 providing for transfer of awards; repealing s. 5 240.40242, F.S., relating to the use of certain 6 scholarship funds by children of deceased or 7 disabled veterans; providing for the Florida 8 Bright Futures Scholarship Testing Program; 9 requiring the Articulation Coordinating 10 Committee to identify scores, credit, and 11 courses for which credit may be awarded for 12 specified examinations; requiring the 13 completion of examinations for receipt of 14 certain awards; providing requirements with 15 respect to the award of credit; requiring 16 annual reporting of the effectiveness of the 17 program; amending s. 240.404, F.S.; revising 18 language with respect to general requirements 19 for student eligibility for state financial 20 aid; reenacting, renumbering, and amending ss. 21 240.2985 and 240.6054, F.S.; revising and 22 combining provisions relating to ethics in 23 business scholarships; amending s. 240.409, 24 F.S.; revising language with respect to the 25 Florida Public Student Assistance Grant 26 Program; revising eligibility criteria; 27 amending s. 240.4095, F.S.; revising language 28 with respect to the Florida Private Student 29 Assistance Grant Program; revising eligibility 30 criteria; amending s. 240.4097, F.S.; revising 31 language with respect to the Florida 79 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Postsecondary Student Assistance Grant Program; 2 revising eligibility criteria; creating s. 3 240.40975, F.S.; providing for priority with 4 respect to Florida student assistance grant 5 programs; amending s. 240.4128, F.S.; revising 6 language with respect to the minority teacher 7 education scholars program; requiring 8 participating institutions to report on 9 eligible students to whom scholarships are 10 disbursed each academic term; amending s. 11 240.437, F.S.; revising language with respect 12 to student financial aid planning and 13 development; amending s. 240.465, F.S.; 14 deleting language which prohibits certain 15 delinquent borrowers from being furnished with 16 their academic transcripts; reenacting and 17 amending s. 240.551, F.S.; revising language 18 with respect to the Florida Prepaid College 19 Program; revising language with respect to 20 transfer and refund provisions; providing for a 21 rollover of benefits to a college savings 22 program at the redemption value of the advance 23 payment contract at a state postsecondary 24 institution; revising provisions relating to 25 appointment of directors of the direct-support 26 organization; authorizing the purchase of 27 advance payment contracts for scholarships by 28 nonprofit organizations; creating s. 240.6053, 29 F.S.; providing for academic program contracts 30 and for funding thereof; amending s. 295.02, 31 F.S.; including postsecondary education 80 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641
HOUSE AMENDMENT Bill No. SB 1162, 1st Eng. Amendment No. ___ (for drafter's use only) 1 institutions eligible to participate in the 2 Florida Bright Futures Scholarship Program 3 among institutions at which children of certain 4 service members may receive an award under ch. 5 295, F.S.; providing effective dates. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 81 File original & 9 copies 05/03/01 hcle003 02:16 pm 01162-heg-464641