Senate Bill sb0018Be1

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  1                      A bill to be entitled

  2         An act relating to student financial

  3         assistance; amending s. 240.40201, F.S.;

  4         revising the eligibility period for the Florida

  5         Bright Futures Scholarship Program;

  6         redesignating the Florida Merit Scholarship as

  7         the Florida Medallion Scholarship; amending s.

  8         240.40202, F.S.; defining terms; revising

  9         application dates; providing for initial

10         acceptance of a scholarship, to conform;

11         amending s. 240.40203, F.S.; defining terms;

12         providing conditions for awards to students in

13         programs that confer postbaccalaureate degrees;

14         conforming provisions; amending s. 240.40204,

15         F.S.; eliminating obsolete provisions; amending

16         s. 240.40205, F.S.; eliminating obsolete

17         provisions; designating an award level for a

18         Florida Academic Scholarship; amending s.

19         240.40206, F.S.; conforming provisions;

20         designating award levels; eliminating obsolete

21         provisions; amending s. 240.40207, F.S.;

22         designating award levels; eliminating obsolete

23         provisions; amending s. 240.40209, F.S.;

24         providing for the calculation of awards;

25         amending s. 240.404, F.S.; requiring a report;

26         providing certain limitations on eligibility

27         for various state student grant programs;

28         repealing s. 240.40208, F.S., relating to a

29         transition from certain scholarships to the

30         Bright Futures Program; providing an effective

31         date.


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

  2

  3         Section 1.  Subsections (1), (2), (5), and (7) of

  4  section 240.40201, Florida Statutes, are amended, and

  5  subsection (11) is added to that section, to read:

  6         240.40201  Florida Bright Futures Scholarship

  7  Program.--

  8         (1)  The Florida Bright Futures Scholarship Program is

  9  created to establish a lottery-funded scholarship program to

10  reward any Florida high school graduate who merits recognition

11  of high academic achievement and who enrolls in a degree

12  program, certificate program, or applied technology diploma

13  program at an eligible Florida public or private postsecondary

14  education institution within 7 3 years after of graduation

15  from high school. An award may not be provided to a student

16  beyond 7 years after high school graduation, regardless of the

17  year in which the student first receives scholarship funding.

18         (2)  The Bright Futures Scholarship Program consists of

19  three types of awards, the Florida Academic Scholarship, the

20  Florida Medallion Merit Scholarship, and the Florida

21  Vocational Gold Seal Vocational Scholarship.

22         (5)  The department shall issue awards from the

23  scholarship program annually. Annual awards may be for up to

24  45 semester credit hours or the equivalent. Before the

25  registration period each semester, the department shall

26  transmit payment for each award to the president or director

27  of the postsecondary education institution, or his or her

28  representative, except that the department may withhold

29  payment if the receiving institution fails to report or to

30  make refunds to the department as required in this act.

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  1         (a)  Within 30 days after the end of regular

  2  registration each semester, the educational institution shall

  3  certify to the department the eligibility status of each

  4  student who receives an award. After the end of the drop and

  5  add period, an institution is not required to reevaluate or

  6  revise a student's eligibility status, but must make a refund

  7  to the department if a student who receives an award

  8  disbursement terminates enrollment for any reason during an

  9  academic term and a refund is permitted by the institution's

10  refund policy.

11         (b)  An institution that receives funds from the

12  program shall certify to the department the amount of funds

13  disbursed to each student and shall remit to the department

14  any undisbursed advances within 60 days after the end of

15  regular registration.

16         (c)  Each institution that receives moneys through this

17  program shall prepare an annual report that includes an

18  independent external audit or an audit prepared by the Office

19  of the Auditor General. The report shall include an audit of

20  the institution's administration of the program and a complete

21  accounting of the moneys for the program. This report must be

22  submitted to the department annually by March 1. The

23  department may conduct its own annual audit of an

24  institution's administration of the program. The department

25  may request a refund of any moneys overpaid to the institution

26  for the program. The department may suspend or revoke an

27  institution's eligibility to receive future moneys for the

28  program if the department finds that an institution has not

29  complied with this section. The institution must remit within

30  60 days any refund requested in accordance with this

31  subsection.


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  1         (7)  A student may receive only one type of award from

  2  the Florida Bright Futures Scholarship Program at a time, but

  3  may transfer from one type of award to another through the

  4  renewal application process, if the student's eligibility

  5  status changes. However, a student is not eligible to transfer

  6  from a Florida Medallion Merit Scholarship or a Florida

  7  Vocational Gold Seal Vocational Scholarship to a Florida

  8  Academic Scholarship. A student who receives an award from the

  9  program may also receive a federal family education loan or a

10  federal direct loan, and the value of the award must be

11  considered in the certification or calculation of the

12  student's loan eligibility.

13         (11)  A student who graduated from high school in 1997

14  or earlier and who is eligible for the Florida Undergraduate

15  Scholar's Program pursuant to s. 240.402, Florida Statutes,

16  1996 Supplement, is eligible for the Florida Academic Scholars

17  award as provided in this chapter. A student who graduated

18  from high school in 1997 or earlier and who is eligible for

19  the Florida Vocational Gold Seal Endorsement Scholarship award

20  pursuant to s. 240.40201, Florida Statutes, 1996 Supplement,

21  is eligible for the Florida Gold Seal Vocational Scholarship

22  award as provided in this chapter. Award eligibility ends 7

23  years after high school graduation.

24         Section 2.  Paragraphs (b) and (f) of subsection (1)

25  and subsection (2) of section 240.40202, Florida Statutes, are

26  amended to read:

27         240.40202  Florida Bright Futures Scholarship Program;

28  student eligibility requirements for initial awards.--

29         (1)  To be eligible for an initial award from any of

30  the three types of scholarships under the Florida Bright

31  Futures Scholarship Program, a student must:


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  1         (b)  Earn a standard Florida high school diploma or its

  2  equivalent as described in s. 232.246 or s. 229.814 unless:

  3         1.  The student is enrolled full time in the early

  4  admission program of an eligible postsecondary education

  5  institution or completes a home education program according to

  6  s. 232.0201; or

  7         2.  The student earns a high school diploma from a

  8  non-Florida school while living with a parent or guardian who

  9  is on military or public service assignment away from Florida.

10  The term "public service assignment," as used in this

11  subparagraph, means the occupational assignment outside this

12  state of a person who is a permanent resident of this state

13  and who is employed by the United States Government or the

14  State of Florida conditioned upon assignment outside this

15  state.

16         (f)  Apply for a scholarship from the program within 2

17  years after by April 1 of the last semester before high school

18  graduation.

19         (2)  A student is eligible to accept an initial award

20  for 3 years following high school graduation and to accept a

21  renewal award for 7 years following high school graduation. A

22  student who applies for an award by April 1 and who meets all

23  other eligibility requirements, but who does not accept his or

24  her award during the first year of eligibility after high

25  school graduation, may apply for reinstatement of the award

26  for use within 7 reapply during subsequent application periods

27  up to 3 years after high school graduation. Reinstatement

28  applications must be received by the deadline established by

29  the Department of Education.

30         Section 3.  Section 240.40203, Florida Statutes, is

31  amended to read:


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  1         240.40203  Florida Bright Futures Scholarship Program;

  2  student eligibility requirements for renewal, reinstatement,

  3  and restoration awards.--

  4         (1)  After the first year of eligibility, if a student

  5  wishes to receive To be eligible to renew a scholarship from

  6  any of the three types of scholarships under the Florida

  7  Bright Futures Scholarship Program, the a student must meet

  8  the following requirements for either renewal, reinstatement,

  9  or restoration:

10         (a)  Renewal applies to a student who received an award

11  for at least one term during the previous academic year. For

12  renewal, a student must complete at least 12 semester credit

13  hours or the equivalent in the last academic year in which the

14  student earned a scholarship and.

15         (b)  maintain the cumulative grade point average

16  required by the scholarship program, except that:

17         1.  If a recipient's grades fall beneath the average

18  required to renew a Florida Academic Scholarship, but are

19  sufficient to renew a Florida Medallion Merit Scholarship or a

20  Florida Vocational Gold Seal Scholarship, the Department of

21  Education may grant a renewal from the Florida Medallion

22  Scholarship Program one of those other scholarship programs,

23  if the student meets the renewal eligibility requirements; or

24         2.  If, upon renewal evaluation at any time during the

25  eligibility period, a student's grades or hours, or both, are

26  not sufficient insufficient to renew the scholarship, the

27  student may use the cumulative grades or hours, or both,

28  earned during the following summer to renew the scholarship

29  restore eligibility by improving the grade point average to

30  the required level. A student is eligible for such a

31  reinstatement only once. The Legislature encourages education


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  1  institutions to assist students to calculate whether or not it

  2  is possible to raise the grade point average during the summer

  3  term. If the institution determines that it is possible, the

  4  education institution may so inform the department, which may

  5  reserve the student's award if funds are available. The

  6  renewal, however, must not be granted until the student

  7  achieves the required cumulative grade point average and earns

  8  the required number of credit hours. If during the summer term

  9  the student does not earn is not sufficient hours or to raise

10  the grade point average to the required renewal level, the

11  student is not eligible for an award student's next

12  opportunity for renewal is the fall semester of the following

13  academic year.

14         (b)  Reinstatement applies to a student who was

15  eligible for, but did not receive, an award during the

16  previous academic year or years and who may apply to

17  reestablish use of the scholarship. For reinstatement, a

18  student must have been eligible at the time of the student's

19  most recent Bright Futures eligibility determination. The

20  student must apply for reinstatement by submitting a

21  reinstatement application by the deadline established by the

22  Department of Eduction.

23         (c)  Restoration applies to a student who did not meet

24  renewal grade-point-average or hours-earned requirements at a

25  prior evaluation period. A student may restore eligibility by

26  meeting the required renewal grade-point average at a

27  subsequent renewal evaluation period. A student is eligible

28  for restoration only once. The student must submit a

29  restoration application by the deadlines established by the

30  Department of Education.

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  1         (2)  A student who is enrolled in a program that

  2  terminates in an associate degree or a baccalaureate degree

  3  may receive an award for a maximum of 110 percent of the

  4  number of credit hours required to complete the program. A

  5  student who is enrolled in a program that terminates in a

  6  technical certificate may receive an award for a maximum of

  7  110 percent of the credit hours or clock hours required to

  8  complete the program up to 90 credit hours. A student who

  9  transfers from one of these program levels to another becomes

10  eligible for the higher of the two credit hour limits.

11         (3)  A Florida Academic Scholar or a Florida Medallion

12  Scholar who is enrolled in a combined undergraduate and

13  graduate program that terminates in the award of a

14  post-baccalaureate degree or the simultaneous award of

15  baccalaureate and post-baccalaureate degrees may receive an

16  award for a maximum of 110 percent of the number of credit

17  hours required to complete a standard undergraduate program at

18  the institution attended, at the undergraduate rate.

19         Section 4.  Section 240.40204, Florida Statutes, is

20  amended to read:

21         240.40204  Florida Bright Futures Scholarship Program;

22  eligible postsecondary education institutions.--A student is

23  eligible for an award or the renewal of an award from the

24  Florida Bright Futures Scholarship Program if the student

25  meets the requirements for the program as described in this

26  act and is enrolled in a postsecondary education institution

27  that meets the description in any one of the following

28  subsections:

29         (1)  A Florida public university, community college, or

30  technical center.

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  1         (2)  An independent Florida college or university that

  2  is accredited by an accrediting agency that is recognized by

  3  the United States Department of Education a member of the

  4  Commission on Recognition of Postsecondary Accreditation and

  5  that which has operated in the state for at least 3 years.

  6         (3)  An independent Florida postsecondary education

  7  institution that is licensed by the Commission on Independent

  8  Education State Board of Independent Colleges and Universities

  9  and that which:

10         (a)  Is authorized to grant degrees;

11         (b)(a)  Shows evidence of sound financial condition;

12  and

13         (c)(b)  Has operated in the state for at least 3 years

14  without having its approval, accreditation, or license placed

15  on probation.

16         (4)  A Florida independent postsecondary education

17  institution that offers a nursing diploma approved by the

18  Board of Nursing.

19         (5)  A Florida independent postsecondary education

20  institution that is licensed by the Commission on Independent

21  Education State Board of Nonpublic Career Education and that

22  which:

23         (a)  Is authorized to award certificates or credentials

24  other than degrees;

25         (b)(a)  Has a program completion and placement rate of

26  at least the rate required by the current Florida Statutes,

27  the Florida Administrative Code, or the Department of

28  Education for an institution at its level; and

29         (c)(b)  Shows evidence of sound financial condition;

30  and either:

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  1         1.  Is accredited at the institutional level by an

  2  accrediting agency recognized by the United States Department

  3  of Education and has operated in the state for at least 3

  4  years during which there has been no complaint for which

  5  probable cause has been found; or

  6         2.  Has operated in Florida for 5 years during which

  7  there has been no complaint for which probable cause has been

  8  found.

  9         Section 5.  Section 240.40205, Florida Statutes, is

10  amended to read:

11         240.40205  Florida Academic Scholars award.--

12         (1)  A student is eligible for a Florida Academic

13  Scholars award if the student meets the general eligibility

14  requirements for the Florida Bright Futures Scholarship

15  Program and the student:

16         (a)  Has achieved a 3.5 weighted grade point average as

17  calculated pursuant to s. 240.40202, or its equivalent, in

18  high school courses that are designated by the Department of

19  Education adopted by the Board of Regents and recommended by

20  the State Board of Community Colleges as college-preparatory

21  academic courses; and

22         (b)  has attained at least the score identified by

23  rules of the Department of Education on the combined verbal

24  and quantitative parts of the Scholastic Aptitude Test, the

25  Scholastic Assessment Test, or the recentered Scholastic

26  Assessment Test of the College Entrance Examination, or an

27  equivalent score on the American College Testing Program; or

28         (b)(c)  Has attended a home education program according

29  to s. 232.0201 during grades 11 and 12 or has completed the

30  International Baccalaureate curriculum but failed to earn the

31  International Baccalaureate Diploma, and has attained at least


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  1  the score identified by rules of the Department of Education

  2  on the combined verbal and quantitative parts of the

  3  Scholastic Aptitude Test, the Scholastic Assessment Test, or

  4  the recentered Scholastic Assessment Test of the College

  5  Entrance Examination, or an equivalent score on the American

  6  College Testing Program; or

  7         (c)(d)  Has been awarded an International Baccalaureate

  8  Diploma from the International Baccalaureate Office; or

  9         (d)(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         (e)(f)  Has been recognized by the National Hispanic

13  Recognition Program as a scholar recipient.

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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)  Until July 1, 2006, a Florida Academic Scholar who

25  is enrolled in a public postsecondary education institution is

26  eligible for an award equal to the amount required to pay

27  matriculation, fees, and $600 for college-related expenses

28  annually. Until July 1, 2006, a student who is enrolled in a

29  nonpublic postsecondary education institution is eligible for

30  an award equal to the amount that would be required to pay for

31  the average matriculation and fees of a public postsecondary


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  1  education institution at the comparable level, plus the annual

  2  $600. Effective July 1, 2006, a student is eligible to receive

  3  a maximum annual award of $3,200 or the amount established in

  4  the General Appropriations Act.

  5         (3)  To be eligible for a renewal award as a Florida

  6  Academic Scholar, a student must maintain the equivalent of a

  7  grade point average of 3.0 on a 4.0 scale for all

  8  postsecondary education work attempted, with an opportunity

  9  for one restoration reinstatement as provided in this chapter

10  act.

11         (4)  In each school district, the Florida Academic

12  Scholar with the highest academic ranking shall be designated

13  as an Academic Top Scholar and shall be entitled to receive an

14  additional award of $1,500 for college-related expenses. This

15  award must be funded from the Florida Bright Futures

16  Scholarship Program.

17         Section 6.  Section 240.40206, Florida Statutes, is

18  amended to read:

19         240.40206  Florida Medallion Merit Scholars award.--

20         (1)  A student is eligible for a Florida Medallion

21  Merit Scholars award if the student meets the general

22  eligibility requirements for the Florida Bright Futures

23  Scholarship Program and the student:

24         (a)  Has achieved a weighted grade point average of 3.0

25  as calculated pursuant to s. 240.40202, or the equivalent, in

26  high school courses that are designated by the Department of

27  Education adopted by the Board of Regents and recommended by

28  the State Board of Community Colleges as college-preparatory

29  academic courses; and

30         (b)  has attained at least the score identified by

31  rules of the Department of Education on the combined verbal


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  1  and quantitative parts of the Scholastic Aptitude Test, the

  2  Scholastic Assessment Test, or the recentered Scholastic

  3  Assessment Test of the College Entrance Examination, or an

  4  equivalent score on the American College Testing Program; or

  5         (b)(c)  Has attended a home education program according

  6  to s. 232.0201 during grades 11 and 12 or has completed the

  7  International Baccalaureate curriculum but failed to earn the

  8  International Baccalaureate Diploma, and has attained at least

  9  the score identified by rules of the Department of Education

10  on the combined verbal and quantitative parts of the

11  Scholastic Aptitude Test, the Scholastic Assessment Test, or

12  the recentered Scholastic Assessment Test of the College

13  Entrance Examination, or an equivalent score on the American

14  College Testing Program;.

15         (c)  Has been recognized by the merit or achievement

16  programs of the National Merit Scholarship Corporation as a

17  scholar or finalist but has not completed a program of

18  community service as provided in s. 240.40205; or

19         (d)  Has been recognized by the National Hispanic

20  Recognition Program as a scholar, but has not completed a

21  program of community service as provided in s. 240.40205.

22         (2)  Until July 1, 2006, a Florida Medallion Merit

23  Scholar is eligible for an award equal to the amount required

24  to pay 75 percent of matriculation and fees, if the student is

25  enrolled in a public postsecondary education institution.

26  Until July 1, 2006, a student who is enrolled in a nonpublic

27  postsecondary education institution is eligible for an award

28  equal to the amount that would be required to pay 75 percent

29  of the matriculation and fees of a public postsecondary

30  education institution at the comparable level. Effective July

31  1, 2006, a student is eligible to receive a maximum annual


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  1  award of $2,000 or the amount established in the General

  2  Appropriations Act, if the student is enrolled in a public

  3  university or other eligible 4-year college or university that

  4  grants baccalaureate degrees or higher. Effective July 1,

  5  2006, a student who is enrolled in a public community college,

  6  a nonpublic 2-year college, or a public technical center or

  7  eligible nonpublic school is eligible to receive a maximum

  8  annual award of $1,500 or the amount established in the

  9  General Appropriations Act.

10         (3)  To be eligible for a renewal award as a Florida

11  Merit Scholar, a student must maintain the equivalent of a

12  grade point average of 2.75 on a 4.0 scale for all

13  postsecondary education work attempted, with an opportunity

14  for restoration reinstatement one time as provided in this

15  chapter act.

16         Section 7.  Section 240.40207, Florida Statutes, is

17  amended to read:

18         240.40207  Florida Gold Seal Vocational Scholars

19  award.--The Florida Gold Seal Vocational Scholars award is

20  created within the Florida Bright Futures Scholarship Program

21  to recognize and reward academic achievement and vocational

22  preparation by high school students who wish to continue their

23  education.

24         (1)  A student is eligible for a Florida Gold Seal

25  Vocational Scholars award if the student meets the general

26  eligibility requirements for the Florida Bright Futures

27  Scholarship Program and the student:

28         (a)  Completes the secondary school portion of a

29  sequential program of studies that requires at least three

30  consecutive secondary school vocational credits. taken over at

31  least 2 academic years, and is continued in a planned, related


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  1  postsecondary education program. If the student's school does

  2  not offer such a two-plus-two or tech-prep program, the

  3  student must complete a job-preparatory career education

  4  program selected by the Workforce Estimating Conference or

  5  Workforce Florida, Inc., for its ability to provide high-wage

  6  employment in an occupation with high potential for employment

  7  opportunities. On-the-job training may not be substituted for

  8  any of the three required vocational credits.

  9         (b)  Demonstrates readiness for postsecondary education

10  by earning a passing score on the Florida College Entry Level

11  Placement Test or its equivalent as identified by the

12  Department of Education.

13         (c)  Earns a minimum cumulative weighted grade point

14  average of 3.0, as calculated pursuant to s. 240.40202, on all

15  subjects required for a standard high school diploma,

16  excluding elective courses.

17         (d)  Earns a minimum unweighted grade point average of

18  3.5 on a 4.0 scale for secondary vocational courses comprising

19  the vocational program.

20         (e)  Completes the requirements of a vocational-ready

21  diploma program, as defined by rules of the State Board of

22  Education.

23         (2)  Until July 1, 2006, a Florida Gold Seal Vocational

24  Scholar is eligible for an award equal to the amount required

25  to pay 75 percent of matriculation and fees, if the student is

26  enrolled in a public postsecondary education institution.

27  Until July 1, 2006, a student who is enrolled in a nonpublic

28  postsecondary education institution is eligible for an award

29  equal to the amount that would be required to pay 75 percent

30  of the matriculation and mandatory fees of a public

31  postsecondary education institution at the comparable level.


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  1  Effective July 1, 2006, a student is eligible to receive a

  2  maximum annual award of $2,000 or the amount established in

  3  the General Appropriations Act, if the student is enrolled in

  4  a public university or other eligible 4-year college or

  5  university that grants baccalaureate degrees or higher.

  6  Effective July 1, 2006, a student who is enrolled in a public

  7  community college, a nonpublic 2-year college, or a public

  8  technical center or eligible nonpublic school is eligible to

  9  receive a maximum annual award of $1,500 or the amount

10  established in the General Appropriations Act.

11         (3)  To be eligible for a renewal or restoration award

12  as a Florida Gold Seal Vocational Scholar, a student must meet

13  the requirements of s. 240.40203 and the maintain the

14  equivalent of a grade point average requirement of 2.75 on a

15  4.0 scale for all postsecondary education work attempted. A

16  student has, with an opportunity for restoration reinstatement

17  one time as provided in this chapter act.

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 Vocational Scholar who meets

22  all renewal requirements for a Florida Medallion Scholars

23  award has a cumulative grade point average of 2.75 in all

24  postsecondary education work attempted may apply for a Florida

25  Medallion Merit Scholars award at any renewal period, or the

26  department may transfer the student to the Florida Medallion

27  Scholars award during any renewal period. All other provisions

28  of that program apply, and the credit-hour limitation must be

29  calculated by subtracting from the student's total eligibility

30  the number of credit hours the student attempted while earning

31  the Gold Seal Vocational Scholarship.


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  1         Section 8.  Section 240.40209, Florida Statutes, is

  2  amended to read:

  3         240.40209  Bright Futures Scholarship recipients

  4  attending nonpublic institutions; calculation of

  5  awards.--Notwithstanding ss. 240.40201, 240.40205, 240.40206,

  6  and 240.40207, a student who receives any award under the

  7  Florida Bright Futures Scholarship Program, who is enrolled in

  8  a nonpublic postsecondary education institution, and who is

  9  assessed tuition and fees that are the same as those of a

10  full-time student at that institution, shall receive a fixed

11  award calculated by using the average matriculation and fee

12  calculation as prescribed by the Department of Education for

13  full-time attendance at a public postsecondary education

14  institution at the comparable level. If the student is

15  enrolled part-time and is assessed tuition and fees at a

16  reduced level, the award shall be either one-half of the

17  maximum award or three-fourths of the maximum award, depending

18  on the level of fees assessed.

19         Section 9.  Paragraph (a) of subsection (1) and

20  subsection (4) of section 240.404, Florida Statutes, are

21  amended to read:

22         240.404  General requirements for student eligibility

23  for state financial aid.--

24         (1)(a)  The general requirements for eligibility of

25  students for state financial aid awards consist of the

26  following:

27         1.  Achievement of the academic requirements of and

28  acceptance at a state university or community college; a

29  nursing diploma school approved by the Florida Board of

30  Nursing; a Florida college, university, or community college

31  which is accredited by an accrediting agency recognized by the


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  1  United States Department of Education a member of the

  2  Commission on Recognition of Postsecondary Accreditation; any

  3  Florida institution the credits of which are acceptable for

  4  transfer to state universities; any area technical center; or

  5  any private vocational-technical institution accredited by an

  6  accrediting agency recognized by the United States Department

  7  of Education a member of the Commission on Recognition of

  8  Postsecondary Accreditation.

  9         2.  Residency in this state for no less than 1 year

10  preceding the award of aid for a program established pursuant

11  to s. 240.409, s. 240.4095, s. 240.4097, s. 240.412, s.

12  240.4125, s. 240.413, s. 240.4987, s. 240.605, or s. 240.606.

13  Residency in this state must be for purposes other than to

14  obtain an education. Resident status for purposes of receiving

15  state financial aid awards shall be determined in the same

16  manner as resident status for tuition purposes pursuant to s.

17  240.1201 and rules of the State Board of Education. A person

18  who has been properly classified as a resident by a

19  postsecondary education institution for initial receipt of

20  state-funded student financial assistance and found to be

21  eligible to participate in a financial assistance program may

22  continue to qualify as a resident for state-funded financial

23  aid programs if the student maintains continuous enrollment at

24  the postsecondary education institution, with no break in

25  enrollment greater than 12 consecutive months.

26         3.  Submission of certification attesting to the

27  accuracy, completeness, and correctness of information

28  provided to demonstrate a student's eligibility to receive

29  state financial aid awards. Falsification of such information

30  shall result in the denial of any pending application and

31  revocation of any award currently held to the extent that no


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    CS for SB 18-B                                 First Engrossed



  1  further payments shall be made. Additionally, students who

  2  knowingly make false statements in order to receive state

  3  financial aid awards shall be guilty of a misdemeanor of the

  4  second degree subject to the provisions of s. 837.06 and shall

  5  be required to return all state financial aid awards

  6  wrongfully obtained.

  7         4.  Completion of the Free Application for Federal

  8  Student Aid provided by the U.S. Department of Education and

  9  submitted as required by the Florida Department of Education.

10         (4)  Effective July 1, 2006, a student is not eligible

11  to receive more than one state scholarship or state grant in

12  the same term, except that a student who qualifies for both a

13  merit-based scholarship and a need-based grant may receive

14  both types of awards. A No student is not shall be eligible to

15  receive more than one state scholarship that is based on

16  academic merit.  Students who qualify for more than one such

17  scholarship shall be notified of all awards for which they

18  qualify and shall be provided the opportunity to accept one of

19  their choosing.

20         Section 10.  Section 240.40208, Florida Statutes, is

21  repealed.

22         Section 11.  This act shall take effect upon becoming a

23  law.

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