House Bill hb1509c1
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    Florida House of Representatives - 2001             CS/HB 1509
        By the Committee on Colleges & Universities and
    Representative Diaz-Balart
  1                      A bill to be entitled
  2         An act relating to student financial
  3         assistance; amending s. 231.621, F.S.;
  4         providing for loan repayments under the
  5         Critical Teacher Shortage Student Loan
  6         Forgiveness Program directly to the teacher
  7         under certain circumstances; amending s.
  8         240.209, F.S.; revising language with respect
  9         to student fees; increasing the percentage of
10         funds from the financial aid fee to be used for
11         need-based financial aid; requiring Board of
12         Regents to develop criteria for making awards;
13         providing for an annual report; amending s.
14         240.271, F.S.; requiring that a minimum
15         percentage of funds provided in the General
16         Appropriations Act for fellowship and fee
17         waivers shall be used only to support graduate
18         students or upper-division students in certain
19         disciplines; amending s. 240.35, F.S.; revising
20         language with respect to student fees;
21         increasing the percentage of funds from the
22         financial aid fee to be used for need-based
23         financial aid; revising provisions regarding
24         annual report; reenacting and amending s.
25         240.40201, F.S.; revising general student
26         eligibility requirements for the Florida Bright
27         Futures Scholarship Program; reenacting and
28         amending s. 240.40202, F.S., relating to the
29         Florida Bright Futures Scholarship Program;
30         revising student eligibility provisions for
31         initial award of a Florida Bright Futures
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  1         Scholarship; revising language with respect to
  2         reinstatement applications; reenacting and
  3         amending s. 240.40203, F.S.; providing
  4         requirements for renewal, reinstatement, and
  5         restoration awards under the Florida Bright
  6         Futures Scholarship Program; reenacting and
  7         amending s. 240.40204, F.S.; updating obsolete
  8         language with respect to eligible postsecondary
  9         education institutions under the Florida Bright
10         Futures Scholarship Program; reenacting and
11         amending s. 240.40205, F.S.; revising language
12         with respect to the Florida Academic Scholars
13         award; revising provisions relating to the
14         calculation of awards; including transition
15         language currently in statute; reenacting and
16         amending s. 240.40206, F.S.; changing the name
17         of the Florida Merit Scholars award to the
18         Florida Medallion Scholars award; revising
19         eligibility requirements with respect to the
20         award; revising provisions relating to the
21         calculation of awards; reenacting and amending
22         s. 240.40207, F.S.; revising eligibility
23         requirements with respect to the Florida Gold
24         Seal Vocational Scholars award; revising
25         provisions relating to the calculation of
26         awards; providing restrictions on use of the
27         award; providing for transfer of awards;
28         including transition language currently in
29         statute; creating s. 240.40211, F.S.; providing
30         for Florida Bright Futures Scholarship Program
31         targeted occupations; providing student awards;
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  1         repealing s. 240.40208, F.S., relating to
  2         transition language for eligibility for the
  3         Florida Bright Futures Scholarship Program;
  4         repealing s. 240.40242, F.S., relating to the
  5         use of certain scholarship funds by children of
  6         deceased or disabled veterans; providing for
  7         the Florida Bright Futures Scholarship Testing
  8         Program; requiring the Articulation
  9         Coordinating Committee to identify scores,
10         credit, and courses for which credit may be
11         awarded for specified examinations; requiring
12         the completion of examinations for receipt of
13         certain awards; providing requirements with
14         respect to the award of credit; amending s.
15         240.404, F.S.; revising language with respect
16         to general requirements for student eligibility
17         for state financial aid; reenacting,
18         renumbering, and amending ss. 240.2985 and
19         240.6054, F.S.; revising and combining
20         provisions relating to ethics in business
21         scholarships; amending s. 240.409, F.S.;
22         revising language with respect to the Florida
23         Public Student Assistance Grant Program;
24         revising eligibility criteria; amending s.
25         240.4095, F.S.; revising language with respect
26         to the Florida Private Student Assistance Grant
27         Program; revising eligibility criteria;
28         amending s. 240.4097, F.S.; revising language
29         with respect to the Florida Postsecondary
30         Student Assistance Grant Program; revising
31         eligibility criteria; creating s. 240.40975,
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    Florida House of Representatives - 2001             CS/HB 1509
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  1         F.S.; providing for priority with respect to
  2         Florida student assistance grant programs;
  3         amending s. 240.4128, F.S.; revising language
  4         with respect to the minority teacher education
  5         scholars program; requiring participating
  6         institutions to report on eligible students to
  7         whom scholarships are disbursed each academic
  8         term; amending s. 240.437, F.S.; revising
  9         language with respect to student financial aid
10         planning and development; amending s. 240.465,
11         F.S.; deleting language which prohibits certain
12         delinquent borrowers from being furnished with
13         their academic transcripts; reenacting and
14         amending s. 240.551, F.S.; revising language
15         with respect to the Florida Prepaid College
16         Program; revising language with respect to
17         transfer and refund provisions; providing for a
18         rollover of benefits to a college savings
19         program at the redemption value of the advance
20         payment contract at a state postsecondary
21         institution; revising provisions relating to
22         appointment of directors of the direct-support
23         organization; creating s. 240.6053, F.S.;
24         providing for academic program contracts and
25         for funding thereof; amending s. 295.02, F.S.;
26         including postsecondary education institutions
27         eligible to participate in the Florida Bright
28         Futures Scholarship Program among institutions
29         at which children of certain service members
30         may receive an award under ch. 295, F.S.;
31         providing effective dates.
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    Florida House of Representatives - 2001             CS/HB 1509
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  1  Be It Enacted by the Legislature of the State of Florida:
  2
  3         Section 1.  Paragraph (c) of subsection (2) of section
  4  231.621, Florida Statutes, is amended to read:
  5         231.621  Critical Teacher Shortage Student Loan
  6  Forgiveness Program.--
  7         (2)  From the funds available, the Department of
  8  Education may make loan principal repayments as follows:
  9         (c)  All repayments shall be contingent on continued
10  proof of employment in the designated subject areas in this
11  state and shall be made directly to the holder of the loan or,
12  in case of a loan being paid in full, directly to the teacher.
13  The state shall not bear responsibility for the collection of
14  any interest charges or other remaining balance.  In the event
15  that designated critical teacher shortage subject areas are
16  changed by the State Board of Education, a teacher shall
17  continue to be eligible for loan forgiveness as long as he or
18  she continues to teach in the subject area for which the
19  original loan repayment was made and otherwise meets all
20  conditions of eligibility.
21         Section 2.  Effective July 1, 2002, paragraph (e) of
22  subsection (3) of section 240.209, Florida Statutes, is
23  amended to read:
24         240.209  Board of Regents; powers and duties.--
25         (3)  The board shall:
26         (e)  Establish student fees.
27         1.  By no later than December 1 of each year, the board
28  shall raise the systemwide standard for resident undergraduate
29  matriculation and financial aid fees for the subsequent fall
30  term, up to but no more than 25 percent of the prior year's
31  cost of undergraduate programs. In implementing this
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  1  paragraph, fees charged for graduate, medical, veterinary, and
  2  dental programs may be increased by the Board of Regents in
  3  the same percentage as the increase in fees for resident
  4  undergraduates. However, in the absence of legislative action
  5  to the contrary in an appropriations act, the board may not
  6  approve annual fee increases for resident students in excess
  7  of 10 percent. The sum of nonresident student matriculation
  8  and tuition fees must be sufficient to defray the full cost of
  9  undergraduate education. Graduate, medical, veterinary, and
10  dental fees charged to nonresidents may be increased by the
11  board in the same percentage as the increase in fees for
12  nonresident undergraduates. However, in implementing this
13  policy and in the absence of legislative action to the
14  contrary in an appropriations act, annual fee increases for
15  nonresident students may not exceed 25 percent. In the absence
16  of legislative action to the contrary in the General
17  Appropriations Act, the fees shall go into effect for the
18  following fall term.
19         2.  When the appropriations act requires a new fee
20  schedule, the board shall establish a systemwide standard fee
21  schedule required to produce the total fee revenue established
22  in the appropriations act based on the product of the assigned
23  enrollment and the fee schedule. The board may approve the
24  expenditure of any fee revenues resulting from the product of
25  the fee schedule adopted pursuant to this section and the
26  assigned enrollment.
27         3.  Upon provision of authority in a General
28  Appropriations Act to spend revenue raised pursuant to this
29  section, the board shall approve a university request to
30  implement a matriculation and out-of-state tuition fee
31  schedule which is calculated to generate revenue which varies
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  1  no more than 10 percent from the standard fee revenues
  2  authorized through an appropriations act. In implementing an
  3  alternative fee schedule, the increase in cost to a student
  4  taking 15 hours in one term shall be limited to 5 percent.
  5  Matriculation and out-of-state tuition fee revenues generated
  6  as a result of this provision are to be expended for
  7  implementing a plan for achieving accountability goals adopted
  8  pursuant to s. 240.214 and for implementing a Board of
  9  Regents-approved plan to contain student costs by reducing the
10  time necessary for graduation without reducing the quality of
11  instruction. The plans shall be recommended by a
12  universitywide committee, at least one-half of whom are
13  students appointed by the student body president. A
14  chairperson, appointed jointly by the university president and
15  the student body president, shall vote only in the case of a
16  tie.
17         4.  The board may implement individual university plans
18  for a differential out-of-state tuition fee for universities
19  that have a service area that borders another state.
20         5.  The board is authorized to collect for financial
21  aid purposes an amount not to exceed 5 percent of the student
22  tuition and matriculation fee per credit hour. The revenues
23  from fees are to remain at each campus and replace existing
24  financial aid fees. Such funds shall be disbursed to students
25  as quickly as possible. These funds may not be used for direct
26  or indirect administrative purposes or salaries. The board
27  shall specify specific limits on the percent of the fees
28  collected in a fiscal year which may be carried forward
29  unexpended to the following fiscal year. A minimum of 75 50
30  percent of funds from the student financial aid fee shall be
31  used to provide financial aid based on absolute need. A
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  1  student who has received an award prior to July 1, 1984, shall
  2  have his or her eligibility assessed on the same criteria that
  3  was used at the time of his or her original award. The Board
  4  of Regents shall develop criteria for making financial aid
  5  awards. Each university shall report annually to the
  6  Department of Education on the revenue collected pursuant to
  7  this subparagraph, the amount carried forward, the criteria
  8  used to 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 Board of Regents.  An award for
16  academic merit shall require a minimum overall grade point
17  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         6.  The board may recommend to the Legislature an
20  appropriate systemwide standard matriculation and tuition fee
21  schedule.
22         7.  The Education and General Student and Other Fees
23  Trust Fund is hereby created, to be administered by the
24  Department of Education.  Funds shall be credited to the trust
25  fund from student fee collections and other miscellaneous fees
26  and receipts. The purpose of the trust fund is to support the
27  instruction and research missions of the State University
28  System. Notwithstanding the provisions of s. 216.301, and
29  pursuant to s. 216.351, any balance in the trust fund at the
30  end of any fiscal year shall remain in the trust fund and
31
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  1  shall be available for carrying out the purposes of the trust
  2  fund.
  3         8.  The board is further authorized to establish the
  4  following fees:
  5         a.  A nonrefundable application fee in an amount not to
  6  exceed $30.
  7         b.  An admissions deposit fee for the University of
  8  Florida College of Dentistry in an amount not to exceed $200.
  9         c.  An orientation fee in an amount not to exceed $35.
10         d.  A fee for security, access, or identification
11  cards. The annual fee for such a card may not exceed $10 per
12  card. The maximum amount charged for a replacement card may
13  not exceed $15.
14         e.  Registration fees for audit and zero-hours
15  registration; a service charge, which may not exceed $15, for
16  the payment of tuition in installments; and a
17  late-registration fee in an amount not less than $50 nor more
18  than $100 to be imposed on students who fail to initiate
19  registration during the regular registration period.
20         f.  A late-payment fee in an amount not less than $50
21  nor more than $100 to be imposed on students who fail to pay
22  or fail to make appropriate arrangements to pay (by means of
23  installment payment, deferment, or third-party billing)
24  tuition by the deadline set by each university. Each
25  university may adopt specific procedures or policies for
26  waiving the late-payment fee for minor underpayments.
27         g.  A fee for miscellaneous health-related charges for
28  services provided at cost by the university health center
29  which are not covered by the health fee set under s.
30  240.235(1).
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  1         h.  Materials and supplies fees to offset the cost of
  2  materials or supplies that are consumed in the course of the
  3  student's instructional activities, excluding the cost of
  4  equipment replacement, repairs, and maintenance.
  5         i.  Housing rental rates and miscellaneous housing
  6  charges for services provided by the university at the request
  7  of the student.
  8         j.  A charge representing the reasonable cost of
  9  efforts to collect payment of overdue accounts.
10         k.  A service charge on university loans in lieu of
11  interest and administrative handling charges.
12         l.  A fee for off-campus course offerings when the
13  location results in specific, identifiable increased costs to
14  the university.
15         m.  Library fees and fines, including charges for
16  damaged and lost library materials, overdue reserve library
17  books, interlibrary loans, and literature searches.
18         n.  Fees relating to duplicating, photocopying,
19  binding, and microfilming; copyright services; and
20  standardized testing. These fees may be charged only to those
21  who receive the services.
22         o.  Fees and fines relating to the use, late return,
23  and loss and damage of facilities and equipment.
24         p.  A returned-check fee as authorized by s. 832.07(1)
25  for unpaid checks returned to the university.
26         q.  Traffic and parking fines, charges for parking
27  decals, and transportation access fees.
28         r.  An Educational Research Center for Child
29  Development fee for child care and services offered by the
30  center.
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  1         s.  Fees for transcripts and diploma replacement, not
  2  to exceed $10 per item.
  3         Section 3.  Effective July 1, 2002, subsection (7) is
  4  added to section 240.271, Florida Statutes, to read:
  5         240.271  State University System; funding.--
  6         (7)  A minimum of 75 percent of the funds provided in
  7  the General Appropriations Act for fellowship and fee waivers
  8  shall be used only to support graduate students or
  9  upper-division students formally admitted to programs in the
10  following disciplines: computer and information sciences;
11  education; engineering; engineering technology; biology
12  sciences/life sciences; mathematics; physical sciences; and
13  health professions and related sciences. The State University
14  System shall report annually to the Legislature the
15  distribution of fellowships and fee waivers provided,
16  including, but not limited to, the number of awards, the
17  dollar value of the awards, student level, student discipline,
18  and the number and percent of fee-waiver recipients remaining
19  in the state following graduation who are employed in the
20  field directly related to the discipline for which the fee
21  waiver was received.
22         Section 4.  Effective July 1, 2002, subsection (11) of
23  section 240.35, Florida Statutes, is amended to read:
24         240.35  Student fees.--Unless otherwise provided, the
25  provisions of this section apply only to fees charged for
26  college credit instruction leading to an associate in arts
27  degree, an associate in applied science degree, or an
28  associate in science degree and noncollege credit
29  college-preparatory courses defined in s. 239.105.
30         (11)(a)  Each community college is authorized to
31  establish a separate fee for financial aid purposes in an
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  1  additional amount up to, but not to exceed, 5 percent of the
  2  total student tuition or matriculation fees collected.  Each
  3  community college may collect up to an additional 2 percent if
  4  the amount generated by the total financial aid fee is less
  5  than $250,000. If the amount generated is less than $250,000,
  6  a community college that charges tuition and matriculation
  7  fees at least equal to the average fees established by rule
  8  may transfer from the general current fund to the scholarship
  9  fund an amount equal to the difference between $250,000 and
10  the amount generated by the total financial aid fee
11  assessment. No other transfer from the general current fund to
12  the loan, endowment, or scholarship fund, by whatever name
13  known, is authorized.
14         (b)  All funds collected under this program shall be
15  placed in the loan and endowment fund or scholarship fund of
16  the college, by whatever name known. Such funds shall be
17  disbursed to students as quickly as possible.  An amount not
18  greater than 40 percent of the fees collected in a fiscal year
19  may be carried forward unexpended to the following fiscal
20  year.  However, funds collected prior to July 1, 1989, and
21  placed in an endowment fund may not be considered part of the
22  balance of funds carried forward unexpended to the following
23  fiscal year.
24         (c)  Up to 25 percent or $300,000, whichever is
25  greater, of the financial aid fees collected may be used to
26  assist students who demonstrate academic merit; who
27  participate in athletics, public service, cultural arts, and
28  other extracurricular programs as determined by the
29  institution; or who are identified as members of a targeted
30  gender or ethnic minority population. The financial aid fee
31  revenues allocated for athletic scholarships and fee
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  1  exemptions provided pursuant to subsection (17) for athletes
  2  shall be distributed equitably as required by s.
  3  228.2001(3)(d).  A minimum of 75 50 percent of the balance of
  4  these funds shall be used to provide financial aid based on
  5  absolute need, and the remainder of the funds shall be used
  6  for academic merit purposes and other purposes approved by the
  7  district boards of trustees.  Such other purposes shall
  8  include the payment of child care fees for students with
  9  financial need. The State Board of Community Colleges shall
10  develop criteria for making financial aid awards.  Each
11  college shall report annually to the Department of Education
12  on the revenue collected pursuant to this paragraph, the
13  amount carried forward, the criteria used to make awards, the
14  amount and number of awards for each criterion, and a
15  delineation of the distribution of such awards. The report
16  shall include an assessment by category of the financial need
17  of every student who receives an award, regardless of the
18  purpose for which the award is received. Awards which are
19  based on financial need shall be distributed in accordance
20  with a nationally recognized system of need analysis approved
21  by the State Board of Community Colleges. An award for
22  academic merit shall require a minimum overall grade point
23  average of 3.0 on a 4.0 scale or the equivalent for both
24  initial receipt of the award and renewal of the award.
25         (d)  These funds may not be used for direct or indirect
26  administrative purposes or salaries.
27         Section 5.  Notwithstanding subsection (7) of section 3
28  of chapter 2000-321, Laws of Florida, section 240.40201,
29  Florida Statutes, shall not stand repealed on January 7, 2003,
30  and is reenacted and amended to read:
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  1         240.40201  Florida Bright Futures Scholarship
  2  Program.--
  3         (1)  The Florida Bright Futures Scholarship Program is
  4  created to establish a lottery-funded scholarship program to
  5  reward any Florida high school graduate who merits recognition
  6  of high academic achievement and who enrolls in a degree
  7  program, certificate program, or applied technology diploma
  8  program at an eligible Florida public or private postsecondary
  9  education institution within 7 3 years of graduation from high
10  school. No award shall be provided to a student beyond 7 years
11  after high school graduation, regardless of the year in which
12  a student first receives scholarship funding.
13         (2)  The Bright Futures Scholarship Program consists of
14  three types of awards, the Florida Academic Scholarship, the
15  Florida Medallion Merit Scholarship, and the Florida
16  Vocational Gold Seal Vocational Scholarship.
17         (3)  The Department of Education shall administer the
18  Bright Futures Scholarship Program according to rules and
19  procedures established by the Commissioner of Education. A
20  single application must be sufficient for a student to apply
21  for any of the three types of awards. The department must
22  advertise the availability of the scholarship program and must
23  notify students, teachers, parents, guidance counselors, and
24  principals or other relevant school administrators of the
25  criteria and application procedures. The department must begin
26  this process of notification no later than January 1 of each
27  year.
28         (4)  Funding for the Bright Futures Scholarship Program
29  must be allocated from the Education Enhancement Trust Fund
30  and must be provided before allocations from that fund are
31  calculated for disbursement to other educational entities.
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  1         (a)  If funds appropriated are not adequate to provide
  2  the maximum allowable award to each eligible applicant, awards
  3  in all three components of the program must be prorated using
  4  the same percentage reduction.
  5         (b)  Notwithstanding s. 216.301, if all funds allocated
  6  to the Bright Futures Scholarship Program are not used in any
  7  fiscal year, up to 10 percent of the total allocation may be
  8  carried forward and used for awards in the following year.
  9         (5)  The department shall issue awards from the
10  scholarship program annually. Annual awards may be for up to
11  45 semester credit hours or the equivalent. Before the
12  registration period each semester, the department shall
13  transmit payment for each award to the president or director
14  of the postsecondary education institution, or his or her
15  representative, except that the department may withhold
16  payment if the receiving institution fails to report or to
17  make refunds to the department as required in this act.
18         (a)  Within 30 days after the end of regular
19  registration each semester, the educational institution shall
20  certify to the department the eligibility status of each
21  student who receives an award. After the end of the drop and
22  add period, an institution is not required to reevaluate or
23  revise a student's eligibility status, but must make a refund
24  to the department if a student who receives an award
25  disbursement terminates enrollment for any reason during an
26  academic term and a refund is permitted by the institution's
27  refund policy.
28         (b)  An institution that receives funds from the
29  program shall certify to the department the amount of funds
30  disbursed to each student and shall remit to the department
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  1  any undisbursed advances within 60 days after the end of
  2  regular registration.
  3         (c)  Each institution that receives moneys through this
  4  program shall prepare an annual report that includes an
  5  independent external audit or an audit prepared by the Office
  6  of the Auditor General. The report shall include an audit of
  7  the institution's administration of the program and a complete
  8  accounting of the moneys for the program. This report must be
  9  submitted to the department annually by March 1. The
10  department may conduct its own annual audit of an
11  institution's administration of the program. The department
12  may request a refund of any moneys overpaid to the institution
13  for the program. The department may suspend or revoke an
14  institution's eligibility to receive future moneys for the
15  program if the department finds that an institution has not
16  complied with this section. The institution must remit within
17  60 days any refund requested in accordance with this
18  subsection.
19         (6)  A student enrolled in 6 to 8 semester credit hours
20  may receive up to one-half of the maximum award; a student
21  enrolled in 9 to 11 credit hours may receive up to
22  three-fourths of the maximum award; and a student enrolled in
23  12 or more credit hours may receive up to the full award.
24         (7)  A student may receive only one type of award from
25  the Florida Bright Futures Scholarship Program at a time, but
26  may transfer from one type of award to another through the
27  renewal application process, if the student's eligibility
28  status changes. However, a student is not eligible to transfer
29  from a Florida Medallion Merit Scholarship or a Florida
30  Vocational Gold Seal Vocational Scholarship to a Florida
31  Academic Scholarship. A student who receives an award from the
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  1  program may also receive a federal family education loan or a
  2  federal direct loan, and the value of the award must be
  3  considered in the certification or calculation of the
  4  student's loan eligibility.
  5         (8)  If a recipient transfers from one eligible
  6  institution to another and continues to meet eligibility
  7  requirements, the award must be transferred with the student.
  8         (9)  A student may use an award for summer term
  9  enrollment if funds are available.
10         (10)  Funds from any scholarship within the Florida
11  Bright Futures Scholarship Program may not be used to pay for
12  remedial or college-preparatory coursework.
13         Section 6.  Notwithstanding subsection (7) of section 3
14  of chapter 2000-321, Laws of Florida, section 240.40202,
15  Florida Statutes, shall not stand repealed on January 7, 2003,
16  and is reenacted and amended to read:
17         240.40202  Florida Bright Futures Scholarship Program;
18  student eligibility requirements for initial awards.--
19         (1)  To be eligible for an initial award from any of
20  the three types of scholarships under the Florida Bright
21  Futures Scholarship Program, a student must:
22         (a)  Be a Florida resident as defined in s. 240.404 and
23  rules of the State Board of Education.
24         (b)  Earn a standard Florida high school diploma or its
25  equivalent as described in s. 232.246 or s. 229.814 unless:
26         1.  The student is enrolled full time in the early
27  admission program of an eligible postsecondary education
28  institution or completes a home education program according to
29  s. 232.0201; or
30         2.  The student earns a high school diploma from a
31  non-Florida school while living with a parent or guardian who
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  1  is on military or public service assignment away from Florida.
  2  "Public service assignment," as used in this subparagraph,
  3  means the occupational assignment outside Florida of a person
  4  who is a permanent resident of Florida and who is employed by
  5  the United States Government or the State of Florida, a
  6  condition of which employment is assignment outside Florida.
  7         (c)  Be accepted by and enroll in an eligible Florida
  8  public or independent postsecondary education institution.
  9         (d)  Be enrolled for at least 6 semester credit hours
10  or the equivalent in quarter hours or clock hours.
11         (e)  Not have been found guilty of, or have pled plead
12  nolo contendere to or guilty to, a felony charge, unless the
13  student has been granted clemency by the Governor and Cabinet
14  sitting as the Executive Office of Clemency.
15         (f)  Apply for a scholarship from the program by April
16  1 of the last semester before high school graduation. Requests
17  for exceptions to this deadline may be accepted by the high
18  school or district through December 31 following high school
19  graduation.
20         (2)  A student is eligible to accept an initial award
21  for 3 years following high school graduation and to accept a
22  renewal award for 7 years following high school graduation. A
23  student who applies for an award by April 1 and who meets all
24  other eligibility requirements, but who does not accept his or
25  her award during the first year of eligibility after high
26  school graduation, may apply for reinstatement of the award
27  for use within 7 reapply during subsequent application periods
28  up to 3 years after high school graduation. Reinstatement
29  applications must be received by the deadline established by
30  the Department of Education.
31
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  1         (3)  For purposes of calculating the grade point
  2  average to be used in determining initial eligibility for a
  3  Florida Bright Futures scholarship, the department shall
  4  assign additional weights to grades earned in the following
  5  courses:
  6         (a)  Courses identified in the course code directory as
  7  Advanced Placement, pre-International Baccalaureate, or
  8  International Baccalaureate.
  9         (b)  Courses designated as academic dual enrollment
10  courses in the statewide course numbering system.
11
12  The department may assign additional weights to courses, other
13  than those described in paragraphs (a) and (b), that are
14  identified by the Articulation Coordinating Committee as
15  containing rigorous academic curriculum and performance
16  standards. The additional weight assigned to a course pursuant
17  to this subsection shall not exceed 0.5 per course. The
18  weighted system shall be developed and distributed to all high
19  schools in the state prior to January 1, 1998. The department
20  may determine a student's eligibility status during the senior
21  year before graduation and may inform the student of the award
22  at that time.
23         (4)  A student who wishes to qualify for a particular
24  award within the Florida Bright Futures Scholarship Program,
25  but who does not meet all of the requirements for that level
26  of award, may, nevertheless, receive the award if the
27  principal of the student's school or the district
28  superintendent verifies that the deficiency is caused by the
29  fact that school district personnel provided inaccurate or
30  incomplete information to the student. The school district
31  must provide a means for the student to correct the
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  1  deficiencies and the student must correct them, either by
  2  completing comparable work at the postsecondary institution or
  3  by completing a directed individualized study program
  4  developed and administered by the school district. If the
  5  student does not complete the requirements by December 31
  6  immediately following high school graduation, the student is
  7  ineligible to participate in the program.
  8         Section 7.  Notwithstanding subsection (7) of section 3
  9  of chapter 2000-321, Laws of Florida, section 240.40203,
10  Florida Statutes, shall not stand repealed on January 7, 2003,
11  and is reenacted and amended to read:
12         240.40203  Florida Bright Futures Scholarship Program;
13  student eligibility requirements for renewal, reinstatement,
14  and restoration awards.--
15         (1)  To be eligible to receive renew a scholarship from
16  any of the three types of scholarships under the Florida
17  Bright Futures Scholarship Program after the first year of
18  eligibility, a student must meet the following requirements
19  for renewal, reinstatement, or restoration:
20         (1)(a)  Renewal applies to students who receive an
21  award for at least one term during the immediately preceding
22  academic year. For renewal, a student must complete at least
23  12 semester credit hours or the equivalent in the last
24  academic year in which the student earned a scholarship and.
25         (b)  maintain the cumulative grade point average
26  required by the scholarship program, except that:
27         (a)1.  If a recipient's grades fall beneath the average
28  required to renew a Florida Academic Scholarship, but are
29  sufficient to renew a Florida Medallion Merit Scholarship or a
30  Florida Vocational Gold Seal Scholarship, the Department of
31  Education may grant a renewal to the Florida Medallion
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  1  Scholarship. from one of those other scholarship programs, if
  2  the student meets the renewal eligibility requirements; or
  3         (b)2.  If, upon renewal evaluation, a student fails to
  4  meet the renewal criteria pursuant to this section, credit
  5  hours and grades earned during the following summer term may
  6  be used to satisfy the renewal requirements. If, at any time
  7  during the eligibility period, a student's grades are
  8  insufficient to renew the scholarship, the student may restore
  9  eligibility by improving the grade point average to the
10  required level. A student is eligible for such a reinstatement
11  only once. The Legislature encourages education institutions
12  to assist students to calculate whether or not it is possible
13  to raise the grade point average during the summer term. If
14  the institution determines that it is possible, the education
15  institution may so inform the department, which may reserve
16  the student's award if funds are available. The renewal,
17  however, must not be granted until the student achieves the
18  required cumulative grade point average and earns the required
19  number of hours. If, during the summer term, a student does
20  not earn is not sufficient hours or to raise the grade point
21  average to the required renewal level, the student shall not
22  be eligible for an award student's next opportunity for
23  renewal is the fall semester of the following academic year.
24         (2)  Reinstatement applies to students who were
25  eligible but did not receive an award during the previous
26  academic year or years, and who may apply to reestablish use
27  of the scholarship.  For reinstatement, a student must have
28  been eligible at the time of the student's most recent Florida
29  Bright Futures Scholarship eligibility determination.  The
30  student must apply for reinstatement by submitting a
31
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  1  reinstatement application by the deadline established by the
  2  Department of Education.
  3         (3)  Restoration applies to students who lost
  4  scholarship eligibility as a result of not meeting the renewal
  5  grade point average or number of hours, or both, at a prior
  6  evaluation period.  A student may restore eligibility by
  7  meeting the renewal grade point average during a subsequent
  8  renewal evaluation period.  A student is eligible to receive
  9  such restoration only once.  The student must submit an
10  application for restoration by the deadline established by the
11  Department of Education.
12         (2)  A student who is enrolled in a program that
13  terminates in an associate degree or a baccalaureate degree
14  may receive an award for a maximum of 110 percent of the
15  number of credit hours required to complete the program. A
16  student who is enrolled in a program that terminates in a
17  technical certificate may receive an award for a maximum of
18  110 percent of the credit hours or clock hours required to
19  complete the program up to 90 credit hours. A student who
20  transfers from one of these program levels to another becomes
21  eligible for the higher of the two credit hour limits.
22         Section 8.  Notwithstanding subsection (7) of section 3
23  of chapter 2000-321, Laws of Florida, section 240.40204,
24  Florida Statutes, shall not stand repealed on January 7, 2003,
25  and is reenacted and amended to read:
26         240.40204  Florida Bright Futures Scholarship Program;
27  eligible postsecondary education institutions.--A student is
28  eligible for an award or the renewal, reinstatement, or
29  restoration of an award from the Florida Bright Futures
30  Scholarship Program if the student meets the requirements for
31  the program as described in this act and is enrolled in a
                                  22
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  1  postsecondary education institution that meets the description
  2  in any one of the following subsections:
  3         (1)  A Florida public university, community college, or
  4  technical center.
  5         (2)  An independent Florida college or university that
  6  is accredited by an accrediting agency recognized by the
  7  United States Department of Education a member of the
  8  Commission on Recognition of Postsecondary Accreditation and
  9  which has operated in the state for at least 3 years.
10         (3)  An independent Florida postsecondary education
11  institution that is licensed by the State Board of Independent
12  Colleges and Universities and which:
13         (a)  Shows evidence of sound financial condition; and
14         (b)  Has operated in the state for at least 3 years
15  without having its approval, accreditation, or license placed
16  on probation.
17         (4)  A Florida independent postsecondary education
18  institution that offers a nursing diploma approved by the
19  Board of Nursing.
20         (5)  A Florida independent postsecondary education
21  institution that is licensed by the State Board of Nonpublic
22  Career Education and which:
23         (a)  Has a program completion and placement rate of at
24  least the rate required by the current Florida Statutes, the
25  Florida Administrative Code, or the Department of Education
26  for an institution at its level; and
27         (b)  Shows evidence of sound financial condition; and
28  either:
29         1.  Is accredited at the institutional level by an
30  accrediting agency recognized by the United States Department
31  of Education and has operated in the state for at least 3
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  1  years during which there has been no complaint for which
  2  probable cause has been found; or
  3         2.  Has operated in Florida for 5 years during which
  4  there has been no complaint for which probable cause has been
  5  found.
  6         Section 9.  Notwithstanding subsection (7) of section 3
  7  of chapter 2000-321, Laws of Florida, section 240.40205,
  8  Florida Statutes, shall not stand repealed on January 7, 2003,
  9  and is reenacted and amended to read:
10         240.40205  Florida Academic Scholars award.--
11         (1)  A student is eligible for a Florida Academic
12  Scholars award if the student meets the general eligibility
13  requirements for the Florida Bright Futures Scholarship
14  Program and the student:
15         (a)  Has achieved a 3.5 weighted grade point average as
16  calculated pursuant to s. 240.40202, or its equivalent, in
17  high school courses that are adopted by the Board of Regents
18  and recommended by the State Board of Community Colleges as
19  college-preparatory academic courses; and
20         (b)  Has attained at least a score of 1270 the score
21  identified by rules of the Department of Education on the
22  combined verbal and quantitative parts of the Scholastic
23  Aptitude Test, the Scholastic Assessment Test, or the
24  recentered Scholastic Assessment Test of the College Entrance
25  Examination, or an equivalent score on the American College
26  Test Testing Program; or
27         (c)  Has attended a home education program according to
28  s. 232.0201 during grades 11 and 12 or has completed the
29  International Baccalaureate curriculum but failed to earn the
30  International Baccalaureate Diploma, and has attained at least
31  a score of 1270 the score identified by rules of the
                                  24
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  1  Department of Education on the combined verbal and
  2  quantitative parts of the Scholastic Aptitude Test, the
  3  Scholastic Assessment Test, or the recentered Scholastic
  4  Assessment Test of the College Entrance Examination, or an
  5  equivalent score on the American College Test Testing Program;
  6  or
  7         (d)  Has been awarded an International Baccalaureate
  8  Diploma from the International Baccalaureate Office; or
  9         (e)  Has been recognized by the merit or achievement
10  programs of the National Merit Scholarship Corporation as a
11  scholar or finalist; or
12         (f)  Has been recognized by the National Hispanic
13  Recognition Program as a scholar recipient.
14
15  Effective with the 1998-1999 school year, a student must
16  complete a program of community service work, as approved by
17  the district school board or the administrators of a nonpublic
18  school, which shall include a minimum of 75 hours of service
19  work and require the student to identify a social problem that
20  interests him or her, develop a plan for his or her personal
21  involvement in addressing the problem, and, through papers or
22  other presentations, evaluate and reflect upon his or her
23  experience.
24         (2)(a)  A Florida Academic Scholar who is enrolled in a
25  public postsecondary education institution is eligible for an
26  award equal to the amount required to pay matriculation and,
27  fees, as defined by the department, and $600 for
28  college-related expenses annually. A student who is enrolled
29  in a nonpublic postsecondary education institution is eligible
30  for an award equal to the amount that would be required to pay
31  for the average matriculation and fees of a public
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  1  postsecondary education institution at the comparable level,
  2  plus the annual $600. A student who is enrolled in a program
  3  that terminates in an associate degree or a baccalaureate
  4  degree may receive an award for a maximum of 110 percent of
  5  the number of credit hours required to complete the program.
  6  A student who is enrolled in an undergraduate program that
  7  terminates in the award of a postbaccalaureate degree, or the
  8  simultaneous award of baccalaureate and postbaccalaureate
  9  degrees, may receive an award for a maximum of 132 semester
10  hours, or the equivalent, at the undergraduate rate.  A
11  student who is enrolled in a program that terminates in a
12  technical certificate may receive an award for a maximum of
13  110 percent of the credit hours or clock hours required to
14  complete the program up to 90 credit hours.  A student who
15  transfers from one of these program levels to another becomes
16  eligible for the higher of the credit hour limits.
17         (b)  Beginning with the 2005-2006 academic year and for
18  each year thereafter, the Florida Academic Scholars award
19  amount shall be calculated on the basis of $120 per semester
20  credit hour, or the equivalent. The total number of credit
21  hours for which a student may receive payment shall not exceed
22  the equivalent of 132 semester credit hours.
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
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  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         (5)  A student who graduated from high school in 1997
  5  or earlier and who was eligible for the Florida Undergraduate
  6  Scholars' Program pursuant to s. 240.402 is eligible for a
  7  Florida Academic Scholars award as provided in this act.
  8         Section 10.  Notwithstanding subsection (7) of section
  9  3 of chapter 2000-321, Laws of Florida, section 240.40206,
10  Florida Statutes, shall not stand repealed on January 7, 2003,
11  and is reenacted and amended to read:
12         240.40206  Florida Medallion Merit Scholars award.--
13         (1)  A student is eligible for a Florida Medallion
14  Merit Scholars award if the student meets the general
15  eligibility requirements for the Florida Bright Futures
16  Scholarship Program and the student:
17         (a)  Has achieved a weighted grade point average of 3.0
18  as calculated pursuant to s. 240.40202, or the equivalent, in
19  high school courses that are adopted by the Board of Regents
20  and recommended by the State Board of Community Colleges as
21  college-preparatory academic courses; and
22         (b)  Has attained at least the score identified by
23  rules of the Department of Education, or a score of at least
24  1100 for a student who enters the ninth grade in the 2001-2002
25  school year or thereafter, on the combined verbal and
26  quantitative parts of the Scholastic Aptitude Test, the
27  Scholastic Assessment Test, or the recentered Scholastic
28  Assessment Test of the College Entrance Examination, or an
29  equivalent score on the American College Test Testing Program;
30  or
31
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  1         (c)  Has attended a home education program according to
  2  s. 232.0201 during grades 11 and 12 or has completed the
  3  International Baccalaureate curriculum but failed to earn the
  4  International Baccalaureate Diploma, and has attained at least
  5  the score identified by rules of the Department of Education,
  6  or a score of at least 1100 for a student who enters the ninth
  7  grade in the 2001-2002 school year or thereafter, on the
  8  combined verbal and quantitative parts of the Scholastic
  9  Aptitude Test, the Scholastic Assessment Test, or the
10  recentered Scholastic Assessment Test of the College Entrance
11  Examination, or an equivalent score on the American College
12  Test Testing Program; or.
13         (d)  Has been recognized by the merit or achievement
14  programs of the National Merit Scholarship Corporation as a
15  scholar or finalist, but has not completed a program of
16  community service as provided in s. 240.40205; or
17         (e)  Has been recognized by the National Hispanic
18  Recognition Program as a scholar, but has not completed a
19  program of community service as provided in s. 240.40205.
20         (2)(a)  A Florida Medallion Merit Scholar is eligible
21  for an award equal to the amount required to pay 75 percent of
22  matriculation and fees, as defined by the department, if the
23  student is enrolled in a public postsecondary education
24  institution. A student who is enrolled in a nonpublic
25  postsecondary education institution is eligible for an award
26  equal to the amount that would be required to pay 75 percent
27  of the average matriculation and fees of a public
28  postsecondary education institution at the comparable level. A
29  student who is enrolled in a program that terminates in an
30  associate degree or a baccalaureate degree may receive an
31  award for a maximum of 110 percent of the number of credit
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  1  hours required to complete the program.  A student who is
  2  enrolled in an undergraduate program that terminates in the
  3  award of a postbaccalaureate degree, or the simultaneous award
  4  of baccalaureate and postbaccalaureate degrees, may receive an
  5  award for a maximum of 132 semester hours, or the equivalent,
  6  at the undergraduate rate.  A student who is enrolled in a
  7  program that terminates in a technical certificate may receive
  8  an award for a maximum of 110 percent of the credit hours or
  9  clock hours required to complete the program up to 90 credit
10  hours.  A student who transfers from one of these program
11  levels to another becomes eligible for the higher of the
12  credit hour limits.
13         (b)  Beginning with the 2005-2006 academic year and for
14  each year thereafter, the Florida Medallion Scholars award
15  amount shall be calculated on the basis of $75 per semester
16  credit hour, or the equivalent. The total number of credit
17  hours for which a student may receive payment shall not exceed
18  the equivalent of 132 semester credit hours.
19         (3)  To be eligible for a renewal or restoration award
20  as a Florida Medallion Merit Scholar, a student must meet the
21  requirements of s. 240.40203 and the maintain the equivalent
22  of a grade point average requirement of 2.75 on a 4.0 scale,
23  or the equivalent, for all postsecondary education work
24  attempted. A student may have, with an opportunity for
25  reinstatement one restoration time as provided in this act.
26         Section 11.  Notwithstanding subsection (7) of section
27  3 of chapter 2000-321, Laws of Florida, section 240.40207,
28  Florida Statutes, shall not stand repealed on January 7, 2003,
29  and is reenacted and amended to read:
30         240.40207  Florida Gold Seal Vocational Scholars
31  award.--The Florida Gold Seal Vocational Scholars award is
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  1  created within the Florida Bright Futures Scholarship Program
  2  to recognize and reward academic achievement and vocational
  3  preparation by high school students who wish to continue their
  4  education.
  5         (1)  A student is eligible for a Florida Gold Seal
  6  Vocational Scholars award if the student meets the general
  7  eligibility requirements for the Florida Bright Futures
  8  Scholarship Program and the student:
  9         (a)  Successfully completes the secondary school
10  portion of a sequential program of studies that requires at
11  least three secondary school vocational credits in one program
12  of study, as identified by the Department of Education, taken
13  over at least 2 academic years, and is continued in a planned,
14  related postsecondary education program. If the student's
15  school does not offer such a two-plus-two or tech-prep
16  program, the student must complete a job-preparatory career
17  education program selected by the Workforce Estimating
18  Conference or Workforce Florida, Inc., for its ability to
19  provide high-wage employment in an occupation with high
20  potential for employment opportunities. By July 1, 2002, the
21  Articulation Coordinating Committee shall identify the
22  programs at each 4-year institution that qualify as planned,
23  related postsecondary education programs. On-the-job training
24  may not be substituted for any of the three required
25  vocational credits.
26         (b)  Demonstrates readiness for postsecondary education
27  by earning a passing score on the Florida College Entry Level
28  Placement Test or its equivalent as identified by the
29  Department of Education.
30         (c)  Earns a minimum cumulative weighted grade point
31  average of 3.0, as calculated pursuant to s. 240.40202, on all
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  1  subjects required for a standard high school diploma,
  2  excluding elective courses.
  3         (d)  Earns a minimum unweighted grade point average of
  4  3.5 on a 4.0 scale for secondary vocational courses comprising
  5  the vocational program.
  6         (e)  Completes the requirements of a vocational-ready
  7  diploma program, as defined by rules of the State Board of
  8  Education.
  9         (2)(a)  A Florida Gold Seal Vocational Scholar is
10  eligible for an award equal to the amount required to pay 75
11  percent of matriculation and fees, as defined by the
12  department, if the student is enrolled in a public
13  postsecondary education institution. A student who is enrolled
14  in a nonpublic postsecondary education institution is eligible
15  for an award equal to the amount that would be required to pay
16  75 percent of the matriculation and mandatory fees of a public
17  postsecondary education institution at the comparable level. A
18  student who is enrolled in a program that terminates in a
19  technical certificate may receive an award for a maximum of
20  110 percent of the credit hours or clock hours required to
21  complete the program up to 90 credit hours.
22         (b)  Beginning with the 2005-2006 academic year and for
23  each year thereafter, the Florida Gold Seal Vocational
24  Scholars award amount shall be calculated on the basis of $75
25  per semester credit hour, or the equivalent. The total number
26  of credit hours for which a student may receive payment shall
27  not exceed the equivalent of 90 credit hours.
28         (3)  To be eligible for a renewal or restoration award
29  as a Florida Gold Seal Vocational Scholar, a student must meet
30  the requirements of s. 240.40203 and the maintain the
31  equivalent of a grade point average requirement of 2.75 on a
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  1  4.0 scale, or the equivalent, for all postsecondary education
  2  work attempted. A student may have, with an opportunity for
  3  reinstatement one restoration time as provided in this act.
  4         (4)  Beginning with the fall term of 2003, a Florida
  5  Gold Seal Vocational Scholars award may only be used by
  6  students who enroll in programs of 2 years or less at a
  7  community college or vocational technical institution unless
  8  the award is a renewal of an initial award issued prior to the
  9  fall term of 2003 or as otherwise provided for in this
10  section. A student may use an award for a program at a 4-year
11  institution if the program has been identified by the
12  Articulation Coordinating Committee pursuant to subsection (1)
13  and the institution certifies annually the student's continued
14  enrollment in such program.
15         (5)  Upon successful completion of an associate degree
16  program or 60 hours, an award recipient who meets the renewal
17  criteria in subsection (3) and enrolls in a baccalaureate
18  degree program at an eligible postsecondary education
19  institution is eligible to transfer to the Florida Medallion
20  Scholars award component of the Florida Bright Futures
21  Scholarship Program. Other than initial eligibility criteria,
22  all other requirements of the Florida Medallion Scholars award
23  shall apply to a student who transfers to that program
24  pursuant to the provisions of this subsection. The number of
25  hours for which a student may receive a Florida Medallion
26  Scholars award shall be calculated by subtracting from the
27  student's total eligibility pursuant to s. 240.40206(2) the
28  number of hours for which the student has already received
29  funding under the Florida Bright Futures Scholarship Program.
30         (6)  If a Florida Gold Seal Vocational Scholar received
31  an initial award prior to the fall term of 2003, and has a
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  1  cumulative grade point average of 2.75 in all postsecondary
  2  education work attempted, the Department of Education may
  3  transfer the student to the Florida Medallion Scholars award
  4  component of the Florida Bright Futures Scholarship Program at
  5  any renewal period.  Other than initial eligibility criteria,
  6  all other requirements of the Florida Medallion Scholars award
  7  shall apply to a student who transfers to that program
  8  pursuant to the provisions of this subsection.  The number of
  9  hours for which a student may receive a Florida Medallion
10  Scholars award shall be calculated by subtracting from the
11  student's total eligibility pursuant to s. 240.40206(2) the
12  number of hours for which the student has already received
13  funding under the Florida Bright Futures Scholarship Program.
14         (7)  A student who graduated from high school in 1997
15  or earlier and who was eligible for the Vocational Gold Seal
16  Endorsement Scholarship Program award pursuant to s. 240.4021
17  is eligible for a Florida Gold Seal Vocational Scholars award.
18         (4)  A student may earn a Florida Gold Seal Vocational
19  Scholarship for 110 percent of the number of credit hours
20  required to complete the program, up to 90 credit hours or the
21  equivalent. A Florida Gold Seal Scholar who has a cumulative
22  grade point average of 2.75 in all postsecondary education
23  work attempted may apply for a Florida Merit Scholars award at
24  any renewal period. All other provisions of that program
25  apply, and the credit-hour limitation must be calculated by
26  subtracting from the student's total eligibility the number of
27  credit hours the student attempted while earning the Gold Seal
28  Vocational Scholarship.
29         Section 12.  Section 240.40211, Florida Statutes, is
30  created to read:
31
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  1         240.40211  Florida Bright Futures Scholarship Program
  2  targeted occupations.--
  3         (1)(a)  Using information provided by the Workforce
  4  Estimating Conference, the Department of Education, in
  5  consultation with the Legislature, shall identify targeted
  6  occupations that are high demand, high wage, and high skill
  7  for which the state's postsecondary education institutions
  8  provide the necessary education and training.
  9         (b)  The Department of Education shall identify the
10  specific associate and baccalaureate degree programs,
11  certificate programs, and applied technology diploma programs
12  that are offered by postsecondary education institutions and
13  prepare students for employment in the targeted occupations.
14  The department shall provide such information to the
15  postsecondary education institutions that participate in the
16  Florida Bright Futures Scholarship Program.
17         (c)  Identification of targeted occupations and degree,
18  certificate, and diploma programs shall be completed, and
19  updated annually thereafter, for use in providing awards
20  pursuant to this section beginning with the 2002-2003 fall
21  academic term.
22         (2)  A Florida Bright Futures Scholarship award
23  recipient who is enrolled at a community college or an area
24  vocational center in a program identified pursuant to
25  paragraph (1)(b) is eligible to receive an additional $250 per
26  semester, or the equivalent, for postsecondary
27  education-related expenses.
28         (3)  A Florida Bright Futures Scholarship award
29  recipient who is enrolled at a baccalaureate-degree-granting
30  institution in the upper division of a program identified
31  pursuant to paragraph (1)(b) is eligible to receive an
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  1  additional $500 per semester, or the equivalent, for
  2  postsecondary education-related expenses.
  3         (4)  Institutions that participate in the Florida
  4  Bright Futures Scholarship Program and offer a program
  5  identified pursuant to paragraph (1)(b) shall advise their
  6  students of the availability of the awards provided pursuant
  7  to this section.
  8         (5)  The department shall establish procedures for
  9  institutions to certify to the department the initial and
10  continued eligibility status of any student who is eligible to
11  receive an award pursuant to this section.  A student's
12  continued enrollment in an eligible program shall be certified
13  by the institution each academic year.
14         (6)  The department shall evaluate this component of
15  the Florida Bright Futures Scholarship Program from its
16  inception to determine, of the total number of students who
17  receive awards pursuant to this section, the number who become
18  employed in the occupation for which the award was provided.
19  This evaluation shall be reported on an annual basis to the
20  Governor and the Legislature.
21         (7)  This award component of the Florida Bright Futures
22  Scholarship Program shall be implemented to the extent funded
23  in the General Appropriations Act.  When funds are not
24  sufficient to make full awards, the department shall reduce
25  the amount of each recipient's award pro rata.
26         Section 13.  Sections 240.40208 and 240.40242, Florida
27  Statutes, are repealed.
28         Section 14.  Florida Bright Futures Scholarship Testing
29  Program.--
30         (1)  By January 1, 2002, the Articulation Coordinating
31  Committee shall identify the minimum scores, maximum credit,
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  1  and course or courses for which credit is to be awarded for
  2  each College Level Examination Program (CLEP) general
  3  examination, CLEP subject examination, College Board Advanced
  4  Placement Program examination, and International Baccalaureate
  5  examination.  In addition, the Articulation Coordinating
  6  Committee shall identify such courses in the general education
  7  core curriculum of each state university.
  8         (2)  Each community college and state university must
  9  award credit for specific courses for which competency has
10  been demonstrated by successful passage of one of these
11  examinations unless the award of credit duplicates credit
12  already awarded.  Community colleges and universities may not
13  exempt students from courses without the award of credit if
14  competencies have been so demonstrated.
15         (3)  Beginning with initial award recipients for the
16  2002-2003 academic year and continuing thereafter, students
17  eligible for a Florida Academic Scholars award or a Florida
18  Medallion Scholars award who are admitted to and enroll in a
19  community college or state university shall, prior to
20  registering for courses that may be earned through a CLEP
21  examination and not later than registration for their second
22  term, complete at least five examinations from those specified
23  in subsection (1), one in each of the following areas:
24  English; humanities; mathematics; natural sciences; and social
25  sciences.  Advanced Placement examinations and International
26  Baccalaureate examinations taken prior to high school
27  graduation satisfy this requirement.  The Articulation
28  Coordinating Committee shall identify the examinations that
29  satisfy each component of this requirement.
30         (4)  Each community college and state university shall
31  pay for the CLEP examinations required pursuant to this
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  1  section from the funds appropriated from the Educational
  2  Enhancement Trust Fund.  The institution shall not charge the
  3  student for services that include preparation and
  4  administration of the test, access to a student guide to
  5  prepare for the test, and recordkeeping and reporting of each
  6  student's test results to the department.
  7         (5)  The credit awarded pursuant to this section shall
  8  apply toward the 120 hours of college credit required pursuant
  9  to s. 240.115(6).
10         (6)  The maximum number of credit hours for which a
11  student is eligible to receive a Florida Bright Futures
12  Scholarship Program award shall be reduced by the number of
13  hours for which credit is awarded pursuant to this section.
14         Section 15.  Subsection (1) of section 240.404, Florida
15  Statutes, is amended to read:
16         240.404  General requirements for student eligibility
17  for state financial aid.--
18         (1)(a)  The general requirements for eligibility of
19  students for state financial aid awards consist of the
20  following:
21         1.  Achievement of the academic requirements of and
22  acceptance at a state university or community college; a
23  nursing diploma school approved by the Florida Board of
24  Nursing; a Florida college, university, or community college
25  which is accredited by an accrediting agency recognized by the
26  United States Department of Education a member of the
27  Commission on Recognition of Postsecondary Accreditation; any
28  Florida institution the credits of which are acceptable for
29  transfer to state universities; any area technical center; or
30  any private vocational-technical institution accredited by an
31  accrediting agency recognized by the United States Department
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  1  of Education a member of the Commission on Recognition of
  2  Postsecondary Accreditation.
  3         2.a.  Residency in this state for no less than 1 year
  4  preceding the award of aid for a program established pursuant
  5  to s. 240.409, s. 240.4095, s. 240.4097, s. 240.412, s.
  6  240.4125, s. 240.413, s. 240.4987, s. 240.605, or s. 240.606.
  7  Residency in this state must be for purposes other than to
  8  obtain an education. Resident status for purposes of receiving
  9  state financial aid awards shall be determined in the same
10  manner as resident status for tuition purposes pursuant to s.
11  240.1201 and rules of the State Board of Education.
12         b.  A person who has been properly classified as a
13  resident by a postsecondary institution for initial receipt of
14  state-funded student financial assistance and has been
15  determined eligible to participate in a financial assistance
16  program may continue to qualify as a resident for state-funded
17  financial aid programs if he or she maintains continuous
18  enrollment at the postsecondary institution, with no break in
19  enrollment greater than 12 consecutive months.
20         3.  Submission of certification attesting to the
21  accuracy, completeness, and correctness of information
22  provided to demonstrate a student's eligibility to receive
23  state financial aid awards. Falsification of such information
24  shall result in the denial of any pending application and
25  revocation of any award currently held to the extent that no
26  further payments shall be made. Additionally, students who
27  knowingly make false statements in order to receive state
28  financial aid awards shall be guilty of a misdemeanor of the
29  second degree subject to the provisions of s. 837.06 and shall
30  be required to return all state financial aid awards
31  wrongfully obtained.
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  1         (b)1.  Eligibility for the renewal of undergraduate
  2  financial aid awards shall be evaluated at the end of the
  3  second semester or third quarter of each academic year.  As a
  4  condition for renewal, a student shall:
  5         a.  Have earned a minimum cumulative grade point
  6  average of 2.0 on a 4.0 scale; and
  7         b.  Have earned, for full-time study, 12 credits per
  8  term or the equivalent for the number of terms for which aid
  9  was received.
10         2.  A student who earns the minimum number of credits
11  required for renewal, but who fails to meet the minimum 2.0
12  cumulative grade point average, may be granted a probationary
13  award for up to the equivalent of 1 academic year and shall be
14  required to earn a cumulative grade point average of 2.0 on a
15  4.0 scale by the end of the probationary period to be eligible
16  for subsequent renewal.  A student who receives a probationary
17  award and who fails to meet the conditions for renewal by the
18  end of his or her probationary period shall be ineligible to
19  receive additional awards for the equivalent of 1 academic
20  year following his or her probationary period. Each such
21  student may, however, reapply for assistance during a
22  subsequent application period and may be eligible for an award
23  if he or she has earned a cumulative grade point average of
24  2.0 on a 4.0 scale.
25         3.  A student who fails to earn the minimum number of
26  credits required for renewal shall lose his or her eligibility
27  for renewal for a period equivalent to 1 academic year.
28  However, the student may reapply during a subsequent
29  application period and may be eligible for an award if he or
30  she has earned a minimum cumulative grade point average of 2.0
31  on a 4.0 scale.
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  1         4.  Students who receive state student aid and
  2  subsequently fail to meet state academic progress requirements
  3  due to verifiable illness or other emergencies may be granted
  4  an exception from the academic requirements.  Such students
  5  shall make a written appeal to the institution.  The appeal
  6  shall include a description and verification of the
  7  circumstances. Verification of illness or other emergencies
  8  may include but not be limited to a physician's statement or
  9  written statement of a parent or college official.  The
10  institution shall recommend exceptions with necessary
11  documentation to the department.  The department may accept or
12  deny such recommendations for exception from the institution.
13         Section 16.  Notwithstanding subsection (7) of section
14  3 of chapter 2000-321, Laws of Florida, sections 240.2985 and
15  240.6054, Florida Statutes, shall not stand repealed on
16  January 7, 2003, and are reenacted, renumbered as section
17  240.4084, Florida Statutes, and amended to read:
18         (Substantial rewording of sections. See ss.
19         240.2985 and 240.6054, F.S., for present text.)
20         240.4084  Ethics in Business Scholarship Program.--The
21  Ethics in Business Scholarship Program is created to provide
22  scholarships to students who are enrolled in postsecondary
23  education institutions and who meet the general requirements
24  for student eligibility for state financial aid pursuant to s.
25  240.404.  Moneys appropriated and allocated for such
26  scholarships shall be matched by private donations for the
27  purpose of providing ethics in business scholarships.  The
28  Ethics in Business Scholarship Program shall consist of the
29  following components:
30         (1)  Moneys appropriated from the Insurance
31  Commissioner's Regulatory Trust Fund to the Trust Fund for
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  1  Major Gifts, pursuant to section 2 of chapter 97-381, Laws of
  2  Florida, shall be allocated to each university foundation on a
  3  matching basis equal to the amount of private funds received
  4  by such foundation for program purposes.  Moneys appropriated
  5  and allocated to university foundations for purposes of the
  6  program shall be used to create endowments to provide
  7  scholarships to undergraduate students enrolled in state
  8  institutions of higher learning who register for one or more
  9  credit hours in business ethics courses and who have
10  demonstrated a commitment to serve the interests of their
11  community.  First priority for award of scholarships shall be
12  given to students who demonstrate financial need.  The Board
13  of Regents shall administer the provisions of this subsection.
14         (2)  Moneys transferred from the Insurance
15  Commissioner's Regulatory Trust Fund to the State Student
16  Financial Assistance Trust Fund, pursuant to section 3 of
17  chapter 97-381, Laws of Florida, shall be allocated to provide
18  ethics in business scholarships to students enrolled in public
19  community colleges and independent postsecondary education
20  institutions eligible to participate in the William L. Boyd,
21  IV, Florida Resident Access Grant Program under s. 240.605.
22  The funds shall be allocated to institutions for scholarships
23  in the following ratio: two-thirds for community colleges and
24  one-third for eligible independent institutions. These funds
25  shall be allocated to institutions that provide an equal
26  amount of matching funds generated by private donors for the
27  purpose of providing ethics in business scholarships. The
28  Department of Education shall administer the provisions of
29  this subsection and may adopt rules for such administration.
30  Notwithstanding any other provision of law, the State Board of
31
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  1  Administration shall have the authority to invest the funds
  2  appropriated under this subsection.
  3
  4  Each institution that receives an allocation of funds shall
  5  submit to the Legislature an annual report of the matching
  6  funds collected and a profile of scholarship award recipients.
  7         Section 17.  Section 240.409, Florida Statutes, is
  8  amended to read:
  9         240.409  Florida Public Student Assistance Grant
10  Program; eligibility for grants.--
11         (1)  There is hereby created a Florida Public Student
12  Assistance Grant Program. The program shall be administered by
13  the participating institutions in accordance with rules of the
14  state board.
15         (2)  The department is directed to establish an initial
16  application deadline for funds administered pursuant to this
17  section.
18         (3)  Using the priorities established in this section
19  and in s. 240.40975, institutions shall first award funds
20  administered pursuant to this section to students who meet the
21  initial application deadline established pursuant to
22  subsection (2).  An institution may, at its discretion, award
23  any remaining funds from this program to students who apply
24  after the deadline date and who are otherwise eligible
25  pursuant to this section.
26         (4)(2)(a)  State student assistance grants through the
27  program may be made only to full-time degree-seeking students
28  who enroll in at least 6 semester hours, or the equivalent,
29  per semester and who meet the general requirements for student
30  eligibility as provided in s. 240.404, except as otherwise
31  provided in this section.  Such grants shall be awarded
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  1  annually for the amount of demonstrated unmet need for the
  2  cost of education and may not exceed an amount equal to the
  3  average prior academic year cost of matriculation fees and
  4  other registration fees for 30 credit hours at state
  5  universities or such other amount as specified in the General
  6  Appropriations Act, to any recipient. A demonstrated unmet
  7  need of less than $200 shall render the applicant ineligible
  8  for a state student assistance grant. Recipients of such
  9  grants must have been accepted at a state university or
10  community college authorized by Florida law.  No student may
11  receive an award for more than the equivalent of 9 semesters
12  or 14 quarters of full-time enrollment, except as otherwise
13  provided in s. 240.404(3).
14         (b)  A student applying for a Florida public student
15  assistance grant shall be required to apply for the Pell
16  Grant. The Pell Grant entitlement shall be considered when
17  conducting an assessment of the financial resources available
18  to each student.
19         (c)  Priority in the distribution of grant moneys shall
20  be given to students with the lowest total family resources,
21  in accordance with a nationally recognized system of need
22  analysis. Using the system of need analysis, the department
23  shall establish a maximum expected family contribution. An
24  institution may not make a grant from this program to a
25  student whose expected family contribution exceeds the level
26  established by the department.  An institution may not impose
27  additional criteria to determine a student's eligibility to
28  receive a grant award.
29         (d)  Each participating institution shall report, to
30  the department by the established date, the eligible students
31  to whom grant moneys are disbursed each academic term and
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  1  indicate whether or not the student met the application
  2  deadline established pursuant to subsection (2). Each
  3  institution shall also report to the department necessary
  4  demographic and eligibility data for such students.
  5         (5)(3)  Based on the unmet financial need of an
  6  eligible applicant, the amount of a Florida public student
  7  assistance grant must be between $200 and the weighted average
  8  of the cost of matriculation and other registration fees for
  9  30 credit hours at state universities per academic year or the
10  amount specified in the General Appropriations Act.
11         (6)(4)(a)  The funds appropriated for the Florida
12  Public Student Assistance Grant shall be distributed to
13  eligible institutions in accordance with a formula recommended
14  by the Department of Education's Florida Council of Student
15  Financial Aid Advisors and reviewed by the Postsecondary
16  Education Planning Commission, the State Board of Community
17  Colleges, and the Board of Regents. The formula shall consider
18  at least the prior year's distribution of funds, the number of
19  full-time eligible applicants who did not receive awards, the
20  number of eligible applicants who met the application
21  deadline, the standardization of the expected family
22  contribution, and provisions for unused funds.
23         (b)  Payment of Florida public student assistance
24  grants shall be transmitted to the president of the state
25  university or community college, or to his or her
26  representative, in advance of the registration period.
27  Institutions shall notify students of the amount of their
28  awards.
29         (c)  The eligibility status of each student to receive
30  a disbursement shall be determined by each institution as of
31  the end of its regular registration period, inclusive of a
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  1  drop-add period.  Institutions shall not be required to
  2  reevaluate a student's eligibility status after this date for
  3  purposes of changing eligibility determinations previously
  4  made.
  5         (d)  Institutions shall certify to the department the
  6  amount of funds disbursed to each student, shall indicate
  7  whether or not the student met the application deadline
  8  established pursuant to subsection (2), and shall remit to the
  9  department any undisbursed advances by June 1 of each year.
10         (7)(5)  Funds appropriated by the Legislature for state
11  student assistance grants shall be deposited in the State
12  Student Financial Assistance Trust Fund. Notwithstanding the
13  provisions of s. 216.301 and pursuant to s. 216.351, any
14  balance in the trust fund at the end of any fiscal year that
15  has been allocated to the Florida Public Student Assistance
16  Grant Program shall remain therein and shall be available for
17  carrying out the purposes of this section.
18         (8)(6)  The State Board of Education shall establish
19  rules necessary to implement this section.
20         Section 18.  Section 240.4095, Florida Statutes, is
21  amended to read:
22         240.4095  Florida Private Student Assistance Grant
23  Program; eligibility for grants.--
24         (1)  There is hereby created a Florida Private Student
25  Assistance Grant Program. The program shall be administered by
26  the participating institutions in accordance with rules of the
27  state board.
28         (2)  The department is directed to establish an initial
29  application deadline for funds administered pursuant to this
30  section.
31
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  1         (3)  Using the priorities established in this section
  2  and in s. 240.40975, institutions shall first award funds
  3  administered pursuant to this section to students who met the
  4  initial application deadline established pursuant to
  5  subsection (2).  An institution may, at its discretion, award
  6  any remaining funds from this program to students who apply
  7  after the deadline date and who are otherwise eligible
  8  pursuant to this section.
  9         (4)(2)(a)  Florida private student assistance grants
10  from the State Student Financial Assistance Trust Fund may be
11  made only to full-time degree-seeking students who enroll in
12  at least 6 semester hours, or the equivalent, per semester and
13  who meet the general requirements for student eligibility as
14  provided in s. 240.404, except as otherwise provided in this
15  section.  Such grants shall be awarded for the amount of
16  demonstrated unmet need for tuition and fees and may not
17  exceed an amount equal to the average matriculation and other
18  registration fees for 30 credit hours at state universities
19  plus $1,000 per academic year, or as specified in the General
20  Appropriations Act, to any applicant.  A demonstrated unmet
21  need of less than $200 shall render the applicant ineligible
22  for a Florida private student assistance grant. Recipients of
23  such grants must have been accepted at a
24  baccalaureate-degree-granting independent nonprofit college or
25  university, which is accredited by the Commission on Colleges
26  of the Southern Association of Colleges and Schools and which
27  is located in and chartered as a domestic corporation by the
28  state.  No student may receive an award for more than the
29  equivalent of 9 semesters or 14 quarters of full-time
30  enrollment, except as otherwise provided in s. 240.404(3).
31
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  1         (b)  A student applying for a Florida private student
  2  assistance grant shall be required to apply for the Pell
  3  Grant. The Pell Grant entitlement shall be considered when
  4  conducting an assessment of the financial resources available
  5  to each student.
  6         (c)  Priority in the distribution of grant moneys shall
  7  be given to students with the lowest total family resources,
  8  in accordance with a nationally recognized system of need
  9  analysis. Using the system of need analysis, the department
10  shall establish a maximum expected family contribution. An
11  institution may not make a grant from this program to a
12  student whose expected family contribution exceeds the level
13  established by the department.  An institution may not impose
14  additional criteria to determine a student's eligibility to
15  receive a grant award.
16         (d)  Each participating institution shall report, to
17  the department by the established date, the eligible students
18  to whom grant moneys are disbursed each academic term and
19  indicate whether or not the student met the application
20  deadline established pursuant to subsection (2). Each
21  institution shall also report to the department necessary
22  demographic and eligibility data for such students.
23         (5)(3)  Based on the unmet financial need of an
24  eligible applicant, the amount of a Florida private student
25  assistance grant must be between $200 and the average cost of
26  matriculation and other registration fees for 30 credit hours
27  at state universities plus $1,000 per academic year or the
28  amount specified in the General Appropriations Act.
29         (6)(4)(a)  The funds appropriated for the Florida
30  Private Student Assistance Grant shall be distributed to
31  eligible institutions in accordance with a formula recommended
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  1  by the Department of Education's Florida Council of Student
  2  Financial Aid Advisors and reviewed by the Postsecondary
  3  Education Planning Commission and the Independent Colleges and
  4  Universities of Florida. The formula shall consider at least
  5  the prior year's distribution of funds, the number of
  6  full-time eligible applicants who did not receive awards, the
  7  number of eligible applicants who met the application
  8  deadline, the standardization of the expected family
  9  contribution, and provisions for unused funds.
10         (b)  Payment of Florida private student assistance
11  grants shall be transmitted to the president of the college or
12  university, or to his or her representative, in advance of the
13  registration period. Institutions shall notify students of the
14  amount of their awards.
15         (c)  The eligibility status of each student to receive
16  a disbursement shall be determined by each institution as of
17  the end of its regular registration period, inclusive of a
18  drop-add period.  Institutions shall not be required to
19  reevaluate a student's eligibility status after this date for
20  purposes of changing eligibility determinations previously
21  made.
22         (d)  Institutions shall certify to the department the
23  amount of funds disbursed to each student, shall indicate
24  whether or not the student met the application deadline
25  established pursuant to subsection (2), and shall remit to the
26  department any undisbursed advances by June 1 of each year.
27         (e)  Each institution that receives moneys through the
28  Florida Private Student Assistance Grant Program shall cause
29  to be prepared a biennial report that includes an independent
30  external audit of the institution's administration of the
31  program and a complete accounting of moneys in the State
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  1  Student Financial Assistance Trust Fund allocated to the
  2  institution for the program. Such report shall be submitted to
  3  the department on or before March 1 every other year.  The
  4  department may conduct its own annual or biennial audit of an
  5  institution's administration of the program and its allocated
  6  funds in lieu of the required biennial report and independent
  7  external audit.  The department may suspend or revoke an
  8  institution's eligibility to receive future moneys from the
  9  trust fund for the program or request a refund of any moneys
10  overpaid to the institution through the trust fund for the
11  program if the department finds that an institution has not
12  complied with the provisions of this section. Any refund
13  requested pursuant to this paragraph shall be remitted within
14  60 days.
15         (7)(5)  Funds appropriated by the Legislature for
16  Florida private student assistance grants shall be deposited
17  in the State Student Financial Assistance Trust Fund.
18  Notwithstanding the provisions of s. 216.301 and pursuant to
19  s. 216.351, any balance in the trust fund at the end of any
20  fiscal year that has been allocated to the Florida Private
21  Student Assistance Grant Program shall remain therein and
22  shall be available for carrying out the purposes of this
23  section and as otherwise provided by law.
24         (8)(6)  The State Board of Education shall adopt rules
25  necessary to implement this section.
26         Section 19.  Section 240.4097, Florida Statutes, is
27  amended to read:
28         240.4097  Florida Postsecondary Student Assistance
29  Grant Program; eligibility for grants.--
30         (1)  There is hereby created a Florida Postsecondary
31  Student Assistance Grant Program. The program shall be
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  1  administered by the participating institutions in accordance
  2  with rules of the state board.
  3         (2)  The department is directed to establish an initial
  4  application deadline for funds administered pursuant to this
  5  section.
  6         (3)  Using the priorities established in this section
  7  and s. 240.40975, institutions shall first award funds
  8  administered pursuant to this section to students who meet the
  9  initial application deadline established pursuant to
10  subsection (2).  An institution may, at its discretion, award
11  any remaining funds from this program to students who apply
12  after the deadline date and who are otherwise eligible
13  pursuant to this section.
14         (4)(2)(a)  Florida postsecondary student assistance
15  grants through the State Student Financial Assistance Trust
16  Fund may be made only to full-time degree-seeking students who
17  enroll in at least 6 semester hours, or the equivalent, per
18  semester and who meet the general requirements for student
19  eligibility as provided in s. 240.404, except as otherwise
20  provided in this section.  Such grants shall be awarded for
21  the amount of demonstrated unmet need for tuition and fees and
22  may not exceed an amount equal to the average prior academic
23  year cost of matriculation and other registration fees for 30
24  credit hours at state universities plus $1,000 per academic
25  year, or as specified in the General Appropriations Act, to
26  any applicant.  A demonstrated unmet need of less than $200
27  shall render the applicant ineligible for a Florida
28  postsecondary student assistance grant.  Recipients of such
29  grants must have been accepted at a postsecondary institution
30  that is located in the state and that is:
31
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  1         1.  A private nursing diploma school approved by the
  2  Florida Board of Nursing; or
  3         2.  An institution either licensed by the State Board
  4  of Independent Colleges and Universities or exempt from
  5  licensure pursuant to s. 246.085(1)(a), excluding those
  6  institutions the students of which are eligible to receive a
  7  Florida private student assistance grant pursuant to s.
  8  240.4095.
  9
10  No student may receive an award for more than the equivalent
11  of 9 semesters or 14 quarters of full-time enrollment, except
12  as otherwise provided in s. 240.404(3).
13         (b)  A student applying for a Florida postsecondary
14  student assistance grant shall be required to apply for the
15  Pell Grant. The Pell Grant entitlement shall be considered
16  when conducting an assessment of the financial resources
17  available to each student.
18         (c)  Priority in the distribution of grant moneys shall
19  be given to students with the lowest total family resources,
20  in accordance with a nationally recognized system of need
21  analysis. Using the system of need analysis, the department
22  shall establish a maximum expected family contribution. An
23  institution may not make a grant from this program to a
24  student whose expected family contribution exceeds the level
25  established by the department.  An institution may not impose
26  additional criteria to determine a student's eligibility to
27  receive a grant award.
28         (d)  Each participating institution shall report, to
29  the department by the established date, the eligible students
30  to whom grant moneys are disbursed each academic term and
31  indicate whether or not the student met the application
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  1  deadline established pursuant to subsection (2). Each
  2  institution shall also report to the department necessary
  3  demographic and eligibility data for such students.
  4         (5)(3)  Based on the unmet financial need of an
  5  eligible applicant, the amount of a Florida postsecondary
  6  student assistance grant must be between $200 and the average
  7  cost of matriculation and other registration fees for 30
  8  credit hours at state universities plus $1,000 per academic
  9  year or the amount specified in the General Appropriations
10  Act.
11         (6)(4)(a)  The funds appropriated for the Florida
12  Postsecondary Student Assistance Grant shall be distributed to
13  eligible institutions in accordance with a formula recommended
14  by the Department of Education's Florida Council of Student
15  Financial Aid Advisors and reviewed by the Postsecondary
16  Education Planning Commission and the Florida Association of
17  Postsecondary Schools and Colleges. The formula shall consider
18  at least the prior year's distribution of funds, the number of
19  full-time eligible applicants who did not receive awards, the
20  number of eligible applicants who met the application
21  deadline, the standardization of the expected family
22  contribution, and provisions for unused funds.
23         (b)  Payment of Florida postsecondary student
24  assistance grants shall be transmitted to the president of the
25  eligible institution, or to his or her representative, in
26  advance of the registration period. Institutions shall notify
27  students of the amount of their awards.
28         (c)  The eligibility status of each student to receive
29  a disbursement shall be determined by each institution as of
30  the end of its regular registration period, inclusive of a
31  drop-add period.  Institutions shall not be required to
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  1  reevaluate a student's eligibility status after this date for
  2  purposes of changing eligibility determinations previously
  3  made.
  4         (d)  Institutions shall certify to the department the
  5  amount of funds disbursed to each student, shall indicate
  6  whether or not the student met the application deadline
  7  established pursuant to subsection (2), and shall remit to the
  8  department any undisbursed advances by June 1 of each year.
  9         (e)  Each institution that receives moneys through the
10  Florida Postsecondary Student Assistance Grant Program shall
11  cause to be prepared a biennial report that includes an
12  independent external audit of the institution's administration
13  of the program and a complete accounting of moneys in the
14  State Student Financial Assistance Trust Fund allocated to the
15  institution for the program.  Such report shall be submitted
16  to the department on or before March 1 every other year.  The
17  department may conduct its own annual or biennial audit of an
18  institution's administration of the program and its allocated
19  funds in lieu of the required biennial report and independent
20  external audit. The department may suspend or revoke an
21  institution's eligibility to receive future moneys from the
22  trust fund for the program or request a refund of any moneys
23  overpaid to the institution through the trust fund for the
24  program if the department finds that an institution has not
25  complied with the provisions of this section.  Any refund
26  requested pursuant to this paragraph shall be remitted within
27  60 days.
28         (7)(5)  Any institution that was eligible to receive
29  state student assistance grants on January 1, 1989, and that
30  is not eligible to receive grants pursuant to s. 240.4095 is
31  eligible to receive grants pursuant to this section.
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  1         (8)(6)  Funds appropriated by the Legislature for
  2  Florida postsecondary student assistance grants shall be
  3  deposited in the State Student Financial Assistance Trust
  4  Fund. Notwithstanding the provisions of s. 216.301 and
  5  pursuant to s. 216.351, any balance in the trust fund at the
  6  end of any fiscal year that has been allocated to the Florida
  7  Postsecondary Student Assistance Grant Program shall remain
  8  therein and shall be available for carrying out the purposes
  9  of this section and as otherwise provided by law.
10         (9)(7)  The State Board of Education shall adopt rules
11  necessary to implement this section.
12         Section 20.  Section 240.40975, Florida Statutes, is
13  created to read:
14         240.40975  Florida student assistance grant programs;
15  priority for receiving grants.--Priority in the distribution
16  of grants provided pursuant to s. 240.409, s. 240.4095, or s.
17  240.4097 shall be given to eligible applicants in the
18  following order:
19         (1)  To full-time students with the greatest financial
20  need as determined by the department.
21         (2)  To full-time students with financial need who
22  graduate from public Florida high schools, who have completed
23  the high school courses that are adopted by the Board of
24  Regents and recommended by the State Board of Community
25  Colleges as college-preparatory academic courses, and who rank
26  in the top 20 percent of their high school graduating class.
27  Class rank shall be determined by the Department of Education.
28         (3)  To other full-time students with financial need.
29         (4)  To part-time students with financial need, if
30  funds are remaining.
31
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  1         Section 21.  Subsection (3) of section 240.4128,
  2  Florida Statutes, is amended to read:
  3         240.4128  Minority teacher education scholars
  4  program.--There is created the minority teacher education
  5  scholars program, which is a collaborative performance-based
  6  scholarship program for African-American, Hispanic-American,
  7  Asian-American, and Native American students. The participants
  8  in the program include Florida's public community colleges and
  9  its public and private universities that have teacher
10  education programs.
11         (3)  The total amount appropriated annually for new
12  scholarships in the program must be divided by $4,000 and by
13  the number of participating colleges and universities. Each
14  participating institution has access to the same number of
15  scholarships and may award all of them to eligible minority
16  students. If a college or university does not award all of its
17  scholarships by the date set by the program administration at
18  the Florida Fund for Minority Teachers, Inc., the remaining
19  scholarships must be transferred to another institution that
20  has eligible students. Each participating institution shall
21  report to the department, by the established date, the
22  eligible students to whom scholarships are disbursed each
23  academic term.  Each institution shall also report to the
24  department necessary demographic and eligibility data for such
25  students.
26         Section 22.  Subsection (6) of section 240.437, Florida
27  Statutes, is amended to read:
28         240.437  Student financial aid planning and
29  development.--
30         (6)  Any Effective July 1, 1992, all new and existing
31  financial assistance programs authorized by state law that are
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  1  administered by the Bureau of Student Financial Assistance of
  2  the Department of Education and that under this part which are
  3  not funded for 3 consecutive years after enactment shall stand
  4  repealed.  Financial aid programs provided under this part on
  5  July 1, 1992, which lose funding for 3 consecutive years shall
  6  stand repealed.  The Bureau Office of Student Financial
  7  Assistance of the Department of Education shall annually
  8  review the legislative appropriation of financial aid to
  9  identify such programs.
10         Section 23.  Section 240.465, Florida Statutes, is
11  amended to read:
12         240.465  Delinquent accounts.--
13         (1)  The Department of Education is directed to exert
14  every lawful and reasonable effort to collect all delinquent
15  unpaid and uncanceled scholarship loan notes, student loan
16  notes, and defaulted guaranteed loan notes.
17         (2)  The department is authorized to establish a
18  recovery account into which unpaid and uncanceled scholarship
19  loan note, student loan note, and defaulted guaranteed loan
20  note accounts may be transferred.
21         (3)  The department is authorized to settle any
22  delinquent unpaid and uncanceled scholarship loan notes,
23  student loan notes, and defaulted guaranteed loan notes and to
24  employ the service of a collection agent when deemed advisable
25  in collecting delinquent or defaulted accounts.  However, no
26  collection agent may be paid a commission in excess of 35
27  percent of the amount collected.  Any expense incurred by the
28  department in enforcing the collection of a loan note may be
29  borne by the signer of the note and may be added to the amount
30  of the principal of such note.
31
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  1         (4)  The department is authorized to charge off unpaid
  2  and uncanceled scholarship loan notes and student loan notes
  3  which are at least 3 years delinquent and which prove
  4  uncollectible after good faith collection efforts.  However, a
  5  delinquent account with a past due balance of $25 or less may
  6  be charged off as uncollectible when it becomes 6 months past
  7  due and the cost of further collection effort or assignment to
  8  a collection agent would not be warranted.
  9         (5)  No individual borrower who has been determined to
10  be in default in making legally required scholarship loan,
11  student loan, or guaranteed loan repayments shall be furnished
12  with his or her academic transcripts or other student records
13  until such time as the loan is paid in full or the default
14  status has been removed.
15         (5)(6)  The department is authorized to charge an
16  individual borrower who has been determined to be in default
17  in making legally required loan repayments the maximum
18  interest rate authorized by law.
19         (6)(7)  The State Board of Education shall adopt such
20  rules as are necessary to regulate the collection, settlement,
21  and charging off of delinquent unpaid and uncanceled
22  scholarship loan notes, student loan notes, and defaulted
23  guaranteed loan notes.
24         Section 24.  Notwithstanding subsection (7) of section
25  3 of chapter 2000-321, Laws of Florida, section 240.551,
26  Florida Statutes, shall not stand repealed on January 7, 2003,
27  and is reenacted and amended to read:
28         240.551  Florida Prepaid College Program.--
29         (1)  LEGISLATIVE INTENT.--The Legislature recognizes
30  that educational opportunity at the postsecondary level is a
31  critical state interest.  It further recognizes that
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  1  educational opportunity is best ensured through the provision
  2  of postsecondary institutions that are geographically and
  3  financially accessible. Accordingly, it is the intent of the
  4  Legislature that a program be established through which many
  5  of the costs associated with postsecondary attendance may be
  6  paid in advance and fixed at a guaranteed level for the
  7  duration of undergraduate enrollment.  It is similarly the
  8  intent of the Legislature to provide a program that fosters
  9  timely financial planning for postsecondary attendance and to
10  encourage employer participation in such planning through
11  program contributions on behalf of employees and the
12  dependents of employees.
13         (2)  DEFINITIONS.--
14         (a)  "Advance payment contract" means a contract
15  entered into by the board and a purchaser pursuant to this
16  section.
17         (b)  "Board" means the Florida Prepaid College Board.
18         (c)  "Fund" means the Florida Prepaid College Trust
19  Fund.
20         (d)  "Program" means the Florida Prepaid College
21  Program.
22         (e)  "Purchaser" means a person who makes or is
23  obligated to make advance registration or dormitory residence
24  payments in accordance with an advance payment contract.
25         (f)  "Qualified beneficiary" means:
26         1.  A resident of this state at the time a purchaser
27  enters into an advance payment contract on behalf of the
28  resident;
29         2.  A nonresident who is the child of a noncustodial
30  parent who is a resident of this state at the time that such
31
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  1  parent enters into an advance payment contract on behalf of
  2  the child; or
  3         3.  For purposes of advance payment contracts entered
  4  into pursuant to subsection (22), a graduate of an accredited
  5  high school in this state who is a resident of this state at
  6  the time he or she is designated to receive the benefits of
  7  the advance payment contract.
  8         (g)  "Registration fee" means matriculation fee,
  9  financial aid fee, building fee, and Capital Improvement Trust
10  Fund fee.
11         (h)  "State postsecondary institution" means any
12  community college identified in s. 240.3031 or university
13  identified in s. 240.2011.
14         (3)  FLORIDA PREPAID COLLEGE PROGRAM; CREATION.--There
15  is created a Florida Prepaid College Program to provide a
16  medium through which the cost of registration and dormitory
17  residence may be paid in advance of enrollment in a state
18  postsecondary institution at a rate lower than the projected
19  corresponding cost at the time of actual enrollment.  Such
20  payments shall be combined and invested in a manner that
21  yields, at a minimum, sufficient interest to generate the
22  difference between the prepaid amount and the cost of
23  registration and dormitory residence at the time of actual
24  enrollment. Students who enroll in a state postsecondary
25  institution pursuant to this section shall be charged no fees
26  in excess of the terms delineated in the advance payment
27  contract.
28         (4)  FLORIDA PREPAID COLLEGE TRUST FUND.--There is
29  created within the State Board of Administration the Florida
30  Prepaid College Trust Fund.  The fund shall consist of state
31  appropriations, moneys acquired from other governmental or
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  1  private sources, and moneys remitted in accordance with
  2  advance payment contracts. All funds deposited into the trust
  3  fund may be invested pursuant to s. 215.47. Dividends,
  4  interest, and gains accruing to the trust fund shall increase
  5  the total funds available for the program. Notwithstanding the
  6  provisions of chapter 717, funds associated with terminated
  7  contracts pursuant to subsection (12) and canceled contracts
  8  for which no refunds have been claimed shall increase the
  9  total funds available for the program. However, the board
10  shall establish procedures for notifying purchasers who
11  subsequently cancel their contracts of any unclaimed refund
12  and shall establish a time period after which no refund may be
13  claimed by a purchaser who canceled a contract. Any balance
14  contained within the fund at the end of a fiscal year shall
15  remain therein and shall be available for carrying out the
16  purposes of the program.  In the event that dividends,
17  interest, and gains exceed the amount necessary for program
18  administration and disbursements, the board may designate an
19  additional percentage of the fund to serve as a contingency
20  fund.  Moneys contained within the fund shall be exempt from
21  the investment requirements of s. 18.10. Any funds of a
22  direct-support organization created pursuant to subsection
23  (22) shall be exempt from the provisions of this subsection.
24         (5)  PROGRAM ADMINISTRATION.--
25         (a)  The Florida Prepaid College Program shall be
26  administered by the Florida Prepaid College Board as an agency
27  of the state.  The Florida Prepaid College Board is hereby
28  created as a body corporate with all the powers of a body
29  corporate for the purposes delineated in this section.  For
30  the purposes of s. 6, Art. IV of the State Constitution, the
31  board shall be assigned to and administratively housed within
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  1  the State Board of Administration, but it shall independently
  2  exercise the powers and duties specified in this section.
  3         (b)  The board shall consist of seven members to be
  4  composed of the Insurance Commissioner and Treasurer, the
  5  Comptroller, the Chancellor of the Board of Regents, the
  6  Executive Director of the State Board of Community Colleges,
  7  and three members appointed by the Governor and subject to
  8  confirmation by the Senate.  Each member appointed by the
  9  Governor shall possess knowledge, skill, and experience in the
10  areas of accounting, actuary, risk management, or investment
11  management.  Each member of the board not appointed by the
12  Governor may name a designee to serve the board on behalf of
13  the member; however, any designee so named shall meet the
14  qualifications required of gubernatorial appointees to the
15  board. Members appointed by the Governor shall serve terms of
16  3 years.  Any person appointed to fill a vacancy on the board
17  shall be appointed in a like manner and shall serve for only
18  the unexpired term.  Any member shall be eligible for
19  reappointment and shall serve until a successor qualifies.
20  Members of the board shall serve without compensation but
21  shall be reimbursed for per diem and travel in accordance with
22  s. 112.061.  Each member of the board shall file a full and
23  public disclosure of his or her financial interests pursuant
24  to s. 8, Art. II of the State Constitution and corresponding
25  statute.
26         (c)  The board shall annually elect a board member to
27  serve as chair and a board member to serve as vice chair and
28  shall designate a secretary-treasurer who need not be a member
29  of the board.  The secretary-treasurer shall keep a record of
30  the proceedings of the board and shall be the custodian of all
31  printed material filed with or by the board and of its
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  1  official seal.  Notwithstanding the existence of vacancies on
  2  the board, a majority of the members shall constitute a
  3  quorum. The board shall take no official action in the absence
  4  of a quorum.  The board shall meet, at a minimum, on a
  5  quarterly basis at the call of the chair.
  6         (6)  FLORIDA PREPAID COLLEGE BOARD; DUTIES.--The board
  7  shall:
  8         (a)  Appoint an executive director to serve as the
  9  chief administrative and operational officer of the board and
10  to perform other duties assigned to him or her by the board.
11         (b)  Administer the fund in a manner that is
12  sufficiently actuarially sound to defray the obligations of
13  the program. The board shall annually evaluate or cause to be
14  evaluated the actuarial soundness of the fund. If the board
15  perceives a need for additional assets in order to preserve
16  actuarial soundness, the board may adjust the terms of
17  subsequent advance payment contracts to ensure such soundness.
18         (c)  Establish a comprehensive investment plan for the
19  purposes of this section with the approval of the State Board
20  of Administration. The comprehensive investment plan shall
21  specify the investment policies to be utilized by the board in
22  its administration of the fund. The board may place assets of
23  the fund in savings accounts or use the same to purchase fixed
24  or variable life insurance or annuity contracts, securities,
25  evidence of indebtedness, or other investment products
26  pursuant to the comprehensive investment plan and in such
27  proportions as may be designated or approved under that plan.
28  Such insurance, annuity, savings, or investment products shall
29  be underwritten and offered in compliance with the applicable
30  federal and state laws, regulations, and rules by persons who
31  are duly authorized by applicable federal and state
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  1  authorities. Within the comprehensive investment plan, the
  2  board may authorize investment vehicles, or products incident
  3  thereto, as may be available or offered by qualified companies
  4  or persons. A contract purchaser may not direct the investment
  5  of his or her contribution to the trust fund, and a contract
  6  beneficiary may not direct the contribution made on his or her
  7  behalf to the trust fund. Board members and employees of the
  8  board are not prohibited from purchasing advance payment
  9  contracts by virtue of their fiduciary responsibilities as
10  members of the board or official duties as employees of the
11  board.
12         (d)  Solicit proposals and contract, pursuant to s.
13  287.057, for the marketing of the Florida Prepaid College
14  Program. The entity designated pursuant to this paragraph
15  shall serve as a centralized marketing agent for the program
16  and shall be solely responsible for the marketing of the
17  program. Any materials produced for the purpose of marketing
18  the program shall be submitted to the board for review. No
19  such materials shall be made available to the public before
20  the materials are approved by the board. Any educational
21  institution may distribute marketing materials produced for
22  the program; however, all such materials shall have been
23  approved by the board prior to distribution. Neither the state
24  nor the board shall be liable for misrepresentation of the
25  program by a marketing agent.
26         (e)  Solicit proposals and contract, pursuant to s.
27  287.057, for a trustee services firm to select and supervise
28  investment programs on behalf of the board. The goals of the
29  board in selecting a trustee services firm shall be to obtain
30  the highest standards of professional trustee services, to
31  allow all qualified firms interested in providing such
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  1  services equal consideration, and to provide such services to
  2  the state at no cost and to the purchasers at the lowest cost
  3  possible. The trustee services firm shall agree to meet the
  4  obligations of the board to qualified beneficiaries if moneys
  5  in the fund fail to offset the obligations of the board as a
  6  result of imprudent selection or supervision of investment
  7  programs by such firm. Evaluations of proposals submitted
  8  pursuant to this paragraph shall include, but not be limited
  9  to, the following criteria:
10         1.  Adequacy of trustee services for supervision and
11  management of the program, including current operations and
12  staff organization and commitment of management to the
13  proposal.
14         2.  Capability to execute program responsibilities
15  within time and regulatory constraints.
16         3.  Past experience in trustee services and current
17  ability to maintain regular and continuous interactions with
18  the board, records administrator, and product provider.
19         4.  The minimum purchaser participation assumed within
20  the proposal and any additional requirements of purchasers.
21         5.  Adequacy of technical assistance and services
22  proposed for staff.
23         6.  Adequacy of a management system for evaluating and
24  improving overall trustee services to the program.
25         7.  Adequacy of facilities, equipment, and electronic
26  data processing services.
27         8.  Detailed projections of administrative costs,
28  including the amount and type of insurance coverage, and
29  detailed projections of total costs.
30         (f)  Solicit proposals and contract, pursuant to s.
31  287.057, for product providers to develop investment
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  1  portfolios on behalf of the board to achieve the purposes of
  2  this section. Product providers shall be limited to authorized
  3  insurers as defined in s. 624.09, banks as defined in s.
  4  658.12, associations as defined in s. 665.012, authorized
  5  Securities and Exchange Commission investment advisers, and
  6  investment companies as defined in the Investment Company Act
  7  of 1940. All product providers shall have their principal
  8  place of business and corporate charter located and registered
  9  in the United States. In addition, each product provider shall
10  agree to meet the obligations of the board to qualified
11  beneficiaries if moneys in the fund fail to offset the
12  obligations of the board as a result of imprudent investing by
13  such provider. Each authorized insurer shall evidence superior
14  performance overall on an acceptable level of surety in
15  meeting its obligations to its policyholders and other
16  contractual obligations. Only qualified public depositories
17  approved by the Insurance Commissioner and Treasurer shall be
18  eligible for board consideration. Each investment company
19  shall provide investment plans as specified within the request
20  for proposals. The goals of the board in selecting a product
21  provider company shall be to provide all purchasers with the
22  most secure, well-diversified, and beneficially administered
23  postsecondary education expense plan possible, to allow all
24  qualified firms interested in providing such services equal
25  consideration, and to provide such services to the state at no
26  cost and to the purchasers at the lowest cost possible.
27  Evaluations of proposals submitted pursuant to this paragraph
28  shall include, but not be limited to, the following criteria:
29         1.  Fees and other costs charged to purchasers that
30  affect account values or operational costs related to the
31  program.
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  1         2.  Past and current investment performance, including
  2  investment and interest rate history, guaranteed minimum rates
  3  of interest, consistency of investment performance, and any
  4  terms and conditions under which moneys are held.
  5         3.  Past experience and ability to provide timely and
  6  accurate service in the areas of records administration,
  7  benefit payments, investment management, and complaint
  8  resolution.
  9         4.  Financial history and current financial strength
10  and capital adequacy to provide products, including operating
11  procedures and other methods of protecting program assets.
12         (7)  FLORIDA PREPAID COLLEGE BOARD; POWERS.--The board
13  shall have the powers necessary or proper to carry out the
14  provisions of this section, including, but not limited to, the
15  power to:
16         (a)  Adopt an official seal and rules.
17         (b)  Sue and be sued.
18         (c)  Make and execute contracts and other necessary
19  instruments.
20         (d)  Establish agreements or other transactions with
21  federal, state, and local agencies, including state
22  universities and community colleges.
23         (e)  Invest funds not required for immediate
24  disbursement.
25         (f)  Appear in its own behalf before boards,
26  commissions, or other governmental agencies.
27         (g)  Hold, buy, and sell any instruments, obligations,
28  securities, and property determined appropriate by the board.
29         (h)  Require a reasonable length of state residence for
30  qualified beneficiaries.
31
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  1         (i)  Restrict the number of participants in the
  2  community college plan, university plan, and dormitory
  3  residence plan, respectively. However, any person denied
  4  participation solely on the basis of such restriction shall be
  5  granted priority for participation during the succeeding year.
  6         (j)  Segregate contributions and payments to the fund
  7  into various accounts and funds.
  8         (k)  Contract for necessary goods and services, employ
  9  necessary personnel, and engage the services of private
10  consultants, actuaries, managers, legal counsel, and auditors
11  for administrative or technical assistance.
12         (l)  Solicit and accept gifts, grants, loans, and other
13  aids from any source or participate in any other way in any
14  government program to carry out the purposes of this section.
15         (m)  Require and collect administrative fees and
16  charges in connection with any transaction and impose
17  reasonable penalties, including default, for delinquent
18  payments or for entering into an advance payment contract on a
19  fraudulent basis.
20         (n)  Procure insurance against any loss in connection
21  with the property, assets, and activities of the fund or the
22  board.
23         (o)  Impose reasonable time limits on use of the
24  tuition benefits provided by the program. However, any such
25  limitation shall be specified within the advance payment
26  contract.
27         (p)  Delineate the terms and conditions under which
28  payments may be withdrawn from the fund and impose reasonable
29  fees and charges for such withdrawal. Such terms and
30  conditions shall be specified within the advance payment
31  contract.
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  1         (q)  Provide for the receipt of contributions in lump
  2  sums or installment payments.
  3         (r)  Require that purchasers of advance payment
  4  contracts verify, under oath, any requests for contract
  5  conversions, substitutions, transfers, cancellations, refund
  6  requests, or contract changes of any nature. Verification
  7  shall be accomplished as authorized and provided for in s.
  8  92.525(1)(a).
  9         (s)  Delegate responsibility for administration of the
10  comprehensive investment plan required in paragraph (6)(c) to
11  a person the board determines to be qualified. Such person
12  shall be compensated by the board. Directly or through such
13  person, the board may contract with a private corporation or
14  institution to provide such services as may be a part of the
15  comprehensive investment plan or as may be deemed necessary or
16  proper by the board or such person, including, but not limited
17  to, providing consolidated billing, individual and collective
18  recordkeeping and accountings, and asset purchase, control,
19  and safekeeping.
20         (t)  Endorse insurance coverage written exclusively for
21  the purpose of protecting advance payment contracts, and the
22  purchasers and beneficiaries thereof, which may be issued in
23  the form of a group life policy and which is exempt from the
24  provisions of part V of chapter 627.
25         (u)  Solicit proposals and contract, pursuant to s.
26  287.057, for the services of a records administrator. The
27  goals of the board in selecting a records administrator shall
28  be to provide all purchasers with the most secure,
29  well-diversified, and beneficially administered postsecondary
30  education expense plan possible, to allow all qualified firms
31  interested in providing such services equal consideration, and
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  1  to provide such services to the state at no cost and to the
  2  purchasers at the lowest cost possible. Evaluations of
  3  proposals submitted pursuant to this paragraph shall include,
  4  but not be limited to, the following criteria:
  5         1.  Fees and other costs charged to purchasers that
  6  affect account values or operational costs related to the
  7  program.
  8         2.  Past experience in records administration and
  9  current ability to provide timely and accurate service in the
10  areas of records administration, audit and reconciliation,
11  plan communication, participant service, and complaint
12  resolution.
13         3.  Sufficient staff and computer capability for the
14  scope and level of service expected by the board.
15         4.  Financial history and current financial strength
16  and capital adequacy to provide administrative services
17  required by the board.
18         (v)  Establish other policies, procedures, and criteria
19  to implement and administer the provisions of this section.
20         (w)  Adopt procedures to govern contract dispute
21  proceedings between the board and its vendors.
22         (8)  QUALIFIED STATE TUITION PROGRAM
23  STATUS.--Notwithstanding any other provision of this section,
24  the board may adopt rules necessary to enable the program to
25  retain its status as a "qualified state tuition program" in
26  order to maintain its tax exempt status or other similar
27  status of the program, purchasers, and qualified beneficiaries
28  under the Internal Revenue Code of 1986, as defined in s.
29  220.03(1). The board shall inform purchasers of changes to the
30  tax or securities status of contracts purchased through the
31  program.
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  1         (9)  PREPAID COLLEGE PLANS.--At a minimum, the board
  2  shall make advance payment contracts available for two
  3  independent plans to be known as the community college plan
  4  and the university plan. The board may also make advance
  5  payment contracts available for a dormitory residence plan.
  6         (a)1.  Through the community college plan, the advance
  7  payment contract shall provide prepaid registration fees for a
  8  specified number of undergraduate semester credit hours not to
  9  exceed the average number of hours required for the conference
10  of an associate degree. The cost of participation in the
11  community college plan shall be based primarily on the average
12  current and projected registration fees within the Florida
13  Community College System and the number of years expected to
14  elapse between the purchase of the plan on behalf of a
15  qualified beneficiary and the exercise of the benefits
16  provided in the plan by such beneficiary. Qualified
17  beneficiaries shall bear the cost of any laboratory fees
18  associated with enrollment in specific courses. Each qualified
19  beneficiary shall be classified as a resident for tuition
20  purposes, pursuant to s. 240.1201, regardless of his or her
21  actual legal residence.
22         2.  Effective July 1, 1998, the board may provide
23  advance payment contracts for additional fees delineated in s.
24  240.35, not to exceed the average number of hours required for
25  the conference of an associate degree, in conjunction with
26  advance payment contracts for registration fees. The cost of
27  purchasing such fees shall be based primarily on the average
28  current and projected fees within the Florida Community
29  College System and the number of years expected to elapse
30  between the purchase of the plan on behalf of the beneficiary
31  and the exercise of benefits provided in the plan by such
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  1  beneficiary. Community college plan contracts purchased prior
  2  to July 1, 1998, shall be limited to the payment of
  3  registration fees as defined in subsection (2).
  4         (b)1.  Through the university plan, the advance payment
  5  contract shall provide prepaid registration fees for a
  6  specified number of undergraduate semester credit hours not to
  7  exceed the average number of hours required for the conference
  8  of a baccalaureate degree. The cost of participation in the
  9  university plan shall be based primarily on the current and
10  projected registration fees within the State University System
11  and the number of years expected to elapse between the
12  purchase of the plan on behalf of a qualified beneficiary and
13  the exercise of the benefits provided in the plan by such
14  beneficiary. Qualified beneficiaries shall bear the cost of
15  any laboratory fees associated with enrollment in specific
16  courses. Each qualified beneficiary shall be classified as a
17  resident for tuition purposes pursuant to s. 240.1201,
18  regardless of his or her actual legal residence.
19         2.  Effective July 1, 1998, the board may provide
20  advance payment contracts for additional fees delineated in s.
21  240.235(1), for a specified number of undergraduate semester
22  credit hours not to exceed the average number of hours
23  required for the conference of a baccalaureate degree, in
24  conjunction with advance payment contracts for registration
25  fees. Such contracts shall provide prepaid coverage for the
26  sum of such fees, to a maximum of 45 percent of the cost of
27  registration fees. The costs of purchasing such fees shall be
28  based primarily on the average current and projected cost of
29  these fees within the State University System and the number
30  of years expected to elapse between the purchase of the plan
31  on behalf of the qualified beneficiary and the exercise of the
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  1  benefits provided in the plan by such beneficiary. University
  2  plan contracts purchased prior to July 1, 1998, shall be
  3  limited to the payment of registration fees as defined in
  4  subsection (2).
  5         (c)  Through the dormitory residence plan, the advance
  6  payment contract may provide prepaid housing fees for a
  7  maximum of 10 semesters of full-time undergraduate enrollment
  8  in a state university. Dormitory residence plans shall be
  9  purchased in increments of 2 semesters. The cost of
10  participation in the dormitory residence plan shall be based
11  primarily on the average current and projected housing fees
12  within the State University System and the number of years
13  expected to elapse between the purchase of the plan on behalf
14  of a qualified beneficiary and the exercise of the benefits
15  provided in the plan by such beneficiary. Qualified
16  beneficiaries shall have the highest priority in the
17  assignment of housing within university residence halls.
18  Qualified beneficiaries shall bear the cost of any additional
19  elective charges such as laundry service or long-distance
20  telephone service. Each state university may specify the
21  residence halls or other university-held residences eligible
22  for inclusion in the plan. In addition, any state university
23  may request immediate termination of a dormitory residence
24  contract based on a violation or multiple violations of rules
25  of the residence hall or other university-held residences. In
26  the event that sufficient housing is not available for all
27  qualified beneficiaries, the board shall refund the purchaser
28  or qualified beneficiary an amount equal to the fees charged
29  for dormitory residence during that semester. If a qualified
30  beneficiary fails to be admitted to a state university or
31  chooses to attend a community college that operates one or
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  1  more dormitories or residency opportunities, or has one or
  2  more dormitories or residency opportunities operated by the
  3  community college direct-support organization, the qualified
  4  beneficiary may transfer or cause to have transferred to the
  5  community college, or community college direct-support
  6  organization, the fees associated with dormitory residence.
  7  Dormitory fees transferred to the community college or
  8  community college direct-support organization may not exceed
  9  the maximum fees charged for state university dormitory
10  residence for the purposes of this section, or the fees
11  charged for community college or community college
12  direct-support organization dormitories or residency
13  opportunities, whichever is less.
14         (10)  TRANSFER OF BENEFITS TO PRIVATE AND OUT-OF-STATE
15  COLLEGES AND UNIVERSITIES AND TO AREA TECHNICAL CENTERS.--A
16  qualified beneficiary may apply the benefits of an advance
17  payment contract toward:
18         (a)  Any eligible independent college or university. An
19  independent college or university that is located and
20  chartered in Florida, that is not for profit, that is
21  accredited by the Commission on Colleges of the Southern
22  Association of Colleges and Schools or the Accrediting Council
23  for Independent Colleges and Schools Accrediting Commission of
24  the Association of Independent Colleges and Schools, and that
25  confers degrees as defined in s. 246.021, is eligible for such
26  application. The board shall transfer, or cause to have
27  transferred, to the eligible independent college or university
28  designated by the qualified beneficiary an amount not to
29  exceed the redemption value of the advance payment contract at
30  within a state postsecondary institution. If the cost of
31  registration or housing fees at the independent college or
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  1  university is less than the corresponding fees at a state
  2  postsecondary institution, the amount transferred shall not
  3  exceed the actual cost of registration or housing fees. A
  4  transfer authorized under this paragraph may not exceed the
  5  number of semester credit hours or semesters of dormitory
  6  residence contracted on behalf of a qualified beneficiary.
  7         (b)  An eligible out-of-state college or university. An
  8  out-of-state college or university that is not for profit and
  9  is accredited by a regional accrediting association, and that
10  confers degrees, is eligible for such application. The board
11  shall transfer, or cause to have transferred, an amount not to
12  exceed the redemption value of the advance payment contract at
13  a state postsecondary institution or the original purchase
14  price plus 5 percent compounded interest, whichever is less,
15  after assessment of a reasonable transfer fee. If the cost of
16  registration or housing fees charged the qualified beneficiary
17  at the eligible out-of-state college or university is less
18  than this calculated amount, the amount transferred shall not
19  exceed the actual cost of registration or housing fees. Any
20  remaining amount shall be transferred in subsequent semesters
21  until the transfer value is depleted. A transfer authorized
22  under this paragraph may not exceed the number of semester
23  credit hours or semesters of dormitory residence contracted on
24  behalf of a qualified beneficiary.
25         (c)  An applied technology diploma program or
26  vocational certificate program conducted by a community
27  college listed in s. 240.3031 or an area technical center
28  operated by a district school board. The board shall transfer
29  or cause to be transferred to the community college or area
30  technical center designated by the qualified beneficiary an
31  amount not to exceed the redemption value of the advance
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  1  payment contract within a state postsecondary institution. If
  2  the cost of the fees charged by the college or center, as
  3  authorized in s. 239.117, is less than the corresponding fees
  4  at a state postsecondary institution, the amount transferred
  5  may not exceed the actual cost of the fees. A transfer
  6  authorized under this paragraph may not exceed the number of
  7  semester credit hours contracted on behalf of a qualified
  8  beneficiary.
  9
10  Notwithstanding any other provision in this section, an
11  institution must be an "eligible educational institution"
12  under s. 529 of the Internal Revenue Code to be eligible for
13  the transfer of advance payment contract benefits.
14         (11)  ADVANCE PAYMENT CONTRACTS; CONTENTS.--The board
15  shall construct advance payment contracts for registration and
16  may construct advance payment contracts for dormitory
17  residence as provided in this section. Advance payment
18  contracts constructed for the purposes of this section shall
19  be exempt from chapter 517 and the Florida Insurance Code.
20  Such contracts shall include, but not be limited to, the
21  following:
22         (a)  The amount of the payment or payments and the
23  number of payments required from a purchaser on behalf of a
24  qualified beneficiary.
25         (b)  The terms and conditions under which purchasers
26  shall remit payments, including, but not limited to, the date
27  or dates upon which each payment shall be due.
28         (c)  Provisions for late payment charges and for
29  default.
30         (d)  Provisions for penalty fees for withdrawals from
31  the fund.
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  1         (e)  Except for an advance payment contract entered
  2  into pursuant to subsection (22), the name and date of birth
  3  of the qualified beneficiary on whose behalf the contract is
  4  drawn and the terms and conditions under which another person
  5  may be substituted as the qualified beneficiary.
  6         (f)  The name of any person who may terminate the
  7  contract. The terms of the contract shall specify whether the
  8  contract may be terminated by the purchaser, the qualified
  9  beneficiary, a specific designated person, or any combination
10  of these persons.
11         (g)  The terms and conditions under which a contract
12  may be terminated, modified, or converted, the name of the
13  person entitled to any refund due as a result of termination
14  of the contract pursuant to such terms and conditions, and the
15  amount of refund, if any, due to the person so named.
16         (h)  The number of semester credit hours or semesters
17  of dormitory residence contracted by the purchaser.
18         (i)  The state postsecondary system toward which the
19  contracted credit hours or semesters of dormitory residence
20  will be applied.
21         (j)  The assumption of a contractual obligation by the
22  board to the qualified beneficiary to provide for a specified
23  number of semester credit hours of undergraduate instruction
24  at a state postsecondary institution, not to exceed the
25  average number of credit hours required for the conference of
26  the degree that corresponds to the plan purchased on behalf of
27  the qualified beneficiary or to provide for a specified number
28  of semesters of dormitory residence, not to exceed the number
29  of semesters of full-time enrollment required for the
30  conference of a baccalaureate degree.
31
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  1         (k)  Other terms and conditions deemed by the board to
  2  be necessary or proper.
  3         (12)  DURATION OF BENEFITS; ADVANCE PAYMENT
  4  CONTRACT.--An advance payment contract may provide that
  5  contracts which have not been terminated or the benefits
  6  exercised within a specified period of time shall be
  7  considered terminated.  Time expended by a qualified
  8  beneficiary as an active duty member of any of the armed
  9  services of the United States shall be added to the period of
10  time specified pursuant to this subsection.  No purchaser or
11  qualified beneficiary whose advance payment contract is
12  terminated pursuant to this subsection shall be entitled to a
13  refund.  The board shall retain any moneys paid by the
14  purchaser for an advance payment contract that has been
15  terminated in accordance with this subsection.  Such moneys
16  retained by the board are exempt from chapter 717, and such
17  retained moneys must be used by the board to further the
18  purposes of this section.
19         (13)  REFUNDS.--
20         (a)  Except as provided in paragraphs (b), and (c), and
21  (f), no refund shall exceed the amount paid into the fund by
22  the purchaser.
23         (b)  If the beneficiary is awarded a scholarship, the
24  terms of which cover the benefits included in the advance
25  payment contracts, moneys paid for the purchase of the advance
26  payment contracts shall be refunded returned to the purchaser
27  in semester installments coinciding with the matriculation by
28  the beneficiary in an amount which, in total, does not exceed
29  the redemption value of the advance payment contract at a
30  state postsecondary institution amounts of either the original
31  purchase price plus 5 percent compounded interest, or the
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  1  current rates at state postsecondary institutions, whichever
  2  is less.
  3         (c)  In the event of the death or total disability of
  4  the beneficiary, moneys paid for the purchase of advance
  5  payment contracts shall be refunded returned to the purchaser
  6  in an amount not to exceed the redemption value of the advance
  7  payment contract at a state postsecondary institution together
  8  with 5 percent compounded interest, or the current rates at
  9  state postsecondary institutions, whichever is less.
10         (d)  If an advance payment contract is converted from
11  one registration plan to a plan of lesser value, the amount
12  refunded shall not exceed the difference between the amount
13  paid for the original contract and the amount that would have
14  been paid for the contract to which the plan is converted had
15  the converted plan been purchased under the same payment plan
16  at the time the original advance payment contract was
17  executed.
18         (e)  No refund shall be authorized through an advance
19  payment contract for any school year partially attended but
20  not completed.  For purposes of this section, a school year
21  partially attended but not completed shall mean any one
22  semester whereby the student is still enrolled at the
23  conclusion of the official drop-add period, but withdraws
24  before the end of such semester. If a beneficiary does not
25  complete a community college plan or university plan for
26  reasons other than specified in paragraph (c), the purchaser
27  shall receive a refund of the amount paid into the fund for
28  the remaining unattended years of the advance payment contract
29  pursuant to rules promulgated by the board.
30         (f)  Benefits purchased under the Florida Prepaid
31  College Program shall be permitted to roll over to a college
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  1  savings program, as defined under s. 529 of the United States
  2  Internal Revenue Code, relating to qualified state tuition
  3  programs. The board shall transfer, or cause to have
  4  transferred, an amount not to exceed the redemption value of
  5  the advance payment contract at a state postsecondary
  6  institution in Florida at the time of the rollover, after
  7  assessment of a reasonable transfer fee.
  8         (14)  CONFIDENTIALITY OF ACCOUNT
  9  INFORMATION.--Information that identifies the purchasers or
10  beneficiaries of any plan promulgated under this section and
11  their advance payment account activities is exempt from the
12  provisions of s. 119.07(1). However, the board may authorize
13  the program's records administrator to release such
14  information to a community college, college, or university in
15  which a beneficiary may enroll or is enrolled. Community
16  colleges, colleges, and universities shall maintain such
17  information as exempt from the provisions of s. 119.07(1).
18         (15)  OBLIGATIONS OF BOARD; PAYMENT.--The state shall
19  agree to meet the obligations of the board to qualified
20  beneficiaries if moneys in the fund fail to offset the
21  obligations of the board. The Legislature shall appropriate to
22  the Florida Prepaid College Trust Fund the amount necessary to
23  meet the obligations of the board to qualified beneficiaries.
24         (16)  ASSETS OF THE FUND; EXPENDITURE PRIORITY.--The
25  assets of the fund shall be maintained, invested, and expended
26  solely for the purposes of this section and shall not be
27  loaned, transferred, or otherwise used by the state for any
28  purpose other than the purposes of this section.  This
29  subsection shall not be construed to prohibit the board from
30  investing in, by purchase or otherwise, bonds, notes, or other
31  obligations of the state or an agency or instrumentality of
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  1  the state. Unless otherwise specified by the board, assets of
  2  the fund shall be expended in the following order of priority:
  3         (a)  To make payments to state postsecondary
  4  institutions on behalf of qualified beneficiaries.
  5         (b)  To make refunds upon termination of advance
  6  payment contracts.
  7         (c)  To pay the costs of program administration and
  8  operations.
  9         (17)  EXEMPTION FROM CLAIMS OF CREDITORS.--Moneys paid
10  into or out of the fund by or on behalf of a purchaser or
11  qualified beneficiary of an advance payment contract made
12  under this section, which contract has not been terminated,
13  are exempt, as provided by s. 222.22, from all claims of
14  creditors of the purchaser or the beneficiary. Neither moneys
15  paid into the program nor benefits accrued through the program
16  may be pledged for the purpose of securing a loan.
17         (18)  PAYROLL DEDUCTION AUTHORITY.--The state or any
18  state agency, county, municipality, or other political
19  subdivision may, by contract or collective bargaining
20  agreement, agree with any employee to remit payments toward
21  advance payment contracts through payroll deductions made by
22  the appropriate officer or officers of the state, state
23  agency, county, municipality, or political subdivision.  Such
24  payments shall be held and administered in accordance with
25  this section.
26         (19)  DISCLAIMER.--Nothing in this section shall be
27  construed as a promise or guarantee that a qualified
28  beneficiary will be admitted to a state postsecondary
29  institution or to a particular state postsecondary
30  institution, will be allowed to continue enrollment at a state
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  1  postsecondary institution after admission, or will be
  2  graduated from a state postsecondary institution.
  3         (20)  PROGRAM TERMINATION.--In the event that the state
  4  determines the program to be financially infeasible, the state
  5  may discontinue the provision of the program.  Any qualified
  6  beneficiary who has been accepted by and is enrolled or is
  7  within 5 years of enrollment in an eligible independent
  8  college or university or state postsecondary institution shall
  9  be entitled to exercise the complete benefits for which he or
10  she has contracted. All other contract holders shall receive a
11  refund of the amount paid in and an additional amount in the
12  nature of interest at a rate that corresponds, at a minimum,
13  to the prevailing interest rates for savings accounts provided
14  by banks and savings and loan associations.
15         (21)  ANNUAL REPORT.--The board shall annually prepare
16  or cause to be prepared a report setting forth in appropriate
17  detail an accounting of the fund and a description of the
18  financial condition of the program at the close of each fiscal
19  year. Such report shall be submitted to the President of the
20  Senate, the Speaker of the House of Representatives, and
21  members of the State Board of Education on or before March 31
22  each year. In addition, the board shall make the report
23  available to purchasers of advance payment contracts. The
24  board shall provide to the Board of Regents and the State
25  Board of Community Colleges, by March 31 each year, complete
26  advance payment contract sales information, including
27  projected postsecondary enrollments of qualified
28  beneficiaries. The accounts of the fund shall be subject to
29  annual audits by the Auditor General or his or her designee.
30         (22)  DIRECT-SUPPORT ORGANIZATION; AUTHORITY.--
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  1         (a)  The board may establish a direct-support
  2  organization which is:
  3         1.  A Florida corporation, not for profit, incorporated
  4  under the provisions of chapter 617 and approved by the
  5  Secretary of State.
  6         2.  Organized and operated exclusively to receive,
  7  hold, invest, and administer property and to make expenditures
  8  to or for the benefit of the program.
  9         3.  An organization which the board, after review, has
10  certified to be operating in a manner consistent with the
11  goals of the program and in the best interests of the state.
12  Unless so certified, the organization may not use the name of
13  the program.
14         (b)  The direct-support organization shall operate
15  under written contract with the board. The contract must
16  provide for:
17         1.  Approval of the articles of incorporation and
18  bylaws of the direct-support organization by the board.
19         2.  Submission of an annual budget for the approval of
20  the board. The budget must comply with rules adopted by the
21  board.
22         3.  An annual financial and compliance audit of its
23  financial accounts and records by an independent certified
24  public accountant in accordance with rules adopted by the
25  board.
26         4.  Certification by the board that the direct-support
27  organization is complying with the terms of the contract and
28  in a manner consistent with the goals and purposes of the
29  board and in the best interest of the state. Such
30  certification must be made annually and reported in the
31  official minutes of a meeting of the board.
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  1         5.  The reversion to the board, or to the state if the
  2  board ceases to exist, of moneys and property held in trust by
  3  the direct-support organization for the benefit of the board
  4  or program if the direct-support organization is no longer
  5  approved to operate for the board or if the board ceases to
  6  exist.
  7         6.  The fiscal year of the direct-support organization,
  8  which must begin July 1 of each year and end June 30 of the
  9  following year.
10         7.  The disclosure of material provisions of the
11  contract and of the distinction between the board and the
12  direct-support organization to donors of gifts, contributions,
13  or bequests, and such disclosure on all promotional and
14  fundraising publications.
15         (c)  An annual financial and compliance audit of the
16  financial accounts and records of the direct-support
17  organization must be performed by an independent certified
18  public accountant. The audit must be submitted to the board
19  for review and approval. Upon approval, the board shall
20  certify the audit report to the Auditor General for review.
21  The board and Auditor General shall have the authority to
22  require and receive from the organization or its independent
23  auditor any detail or supplemental data relative to the
24  operation of the organization.
25         (d)  The identity of donors who desire to remain
26  anonymous shall be confidential and exempt from the provisions
27  of s. 119.07(1) and s. 24(a), Art. I of the State
28  Constitution, and such anonymity shall be maintained in the
29  auditor's report. Information received by the organization
30  that is otherwise confidential or exempt by law shall retain
31  such status. Any sensitive, personal information regarding
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  1  contract beneficiaries, including their identities, is exempt
  2  from the provisions of s. 119.07(1) and s. 24(a), Art. I of
  3  the State Constitution.
  4         (e)  The chair and the executive director of the board
  5  shall be directors of the direct-support organization and
  6  shall jointly name, at a minimum, three other individuals to
  7  serve as directors of the organization.
  8         (f)  The board may authorize the direct-support
  9  organization established in this subsection to use program
10  property, except money, and use facilities and personal
11  services subject to the provisions of this section. If the
12  direct-support organization does not provide equal employment
13  opportunities to all persons regardless of race, color,
14  religion, sex, age, or national origin, it may not use the
15  property, facilities, or personal services of the board. For
16  the purposes of this subsection, the term "personal services"
17  includes full-time personnel and part-time personnel as well
18  as payroll processing as prescribed by rule of the board. The
19  board shall adopt rules prescribing the procedures by which
20  the direct-support organization is governed and any conditions
21  with which such a direct-support organization must comply to
22  use property, facilities, or personal services of the board.
23         (g)  The board may invest funds of the direct-support
24  organization which have been allocated for the purchase of
25  advance payment contracts for scholarships with receipts for
26  advance payment contracts.
27         Section 25.  Section 240.6053, Florida Statutes, is
28  created to read:
29         240.6053  Academic program contracts.--
30         (1)  Academic program contracts with independent
31  institutions recommended by the Postsecondary Education
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  1  Planning Commission pursuant to s. 240.147(4), and approved by
  2  the State Board of Education pursuant to s. 229.053(2), shall
  3  be administered by the Department of Education.
  4         (2)  Funding for such contracts shall be based on the
  5  average cost to the state to provide similar programs in the
  6  State University System or an amount specified in the General
  7  Appropriations Act.
  8         (3)  Priority for academic program contract support
  9  shall be given to students with demonstrated financial need.
10  To be eligible for such support, a student shall meet the
11  general requirements for student eligibility for state
12  financial aid pursuant to s. 240.404.
13         (4)  The tuition and fees assessed students supported
14  through an academic program contract shall not exceed the
15  amount required to pay the average matriculation and fees for
16  a comparable program at a state university.
17         (5)  The amount an institution receives per student for
18  funding pursuant to this section, plus the tuition and fees
19  paid by the student, plus the value of the Florida Resident
20  Access Grant received by the student shall not exceed the full
21  cost per student to the state of a similar program in the
22  State University System.
23         (6)  Institutions receiving support pursuant to this
24  section shall annually submit to the department data on
25  performance measures, including, but not limited to, degrees
26  granted, graduation rates, licensure or certification rates of
27  graduates where applicable, and employment in Florida.
28         Section 26.  Section 295.02, Florida Statutes, is
29  amended to read:
30         295.02  Use of funds; age, etc.--
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  1         (1)  All sums appropriated and expended under this
  2  chapter shall be used to pay tuition and registration fees as
  3  defined by the Department of Education, board, and room rent
  4  and to buy books and supplies for the children of:
  5         (a)  Deceased or disabled veterans or service members,
  6  as defined and limited in s. 295.01, s. 295.016, s. 295.017,
  7  s. 295.018, s. 295.019, or s. 295.0195; or, or of
  8         (b)  Parents classified as prisoners of war or missing
  9  in action, as defined and limited in s. 295.015., who are
10         (2)  Such children must be between the ages of 16 and
11  22 years and who are in attendance at:
12         (a)  A state-supported institution of higher learning,
13  including a community college or vocational-technical school;
14  or.
15         (b)  A postsecondary education institution eligible to
16  participate in the Florida Bright Futures Scholarship Program.
17  A student attending an eligible independent postsecondary
18  education institution may receive an award equivalent to the
19  average matriculation and fees calculated for full-time
20  attendance at a public postsecondary education institution at
21  the comparable level.
22
23  Any child having entered upon a course of training or
24  education under the provisions of this chapter, consisting of
25  a course of not more than 4 years, and arriving at the age of
26  22 years before the completion of such course may continue the
27  course and receive all benefits of the provisions of this
28  chapter until the course is completed.
29         (3)  The Department of Education shall administer this
30  educational program subject to rules regulations of the State
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  1  Board of Education department. The state board is authorized
  2  to adopt rules to implement the provisions of this program.
  3         Section 27.  Except as otherwise provided herein, this
  4  act shall take effect July 1, 2001.
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