Florida Senate - 2008 SB 2210
By the Committee on Higher Education
589-04235-08 20082210__
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A bill to be entitled
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An act relating to student financial aid; amending ss.
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Boyd, IV, Florida Resident Access Grant Program and the
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Access to Better Learning and Education Grant Program;
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deleting provisions indicating that the programs are
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tuition assistance programs rather than financial aid
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programs; requiring that an institution meet a specified
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retention rate in order to participate in either program;
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requiring that a student receiving an award under either
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program maintain a specified grade point average, earn a
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certain amount of academic credit each semester or
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equivalent term, file certain information with the
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Department of Education concerning financial need, and
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demonstrate unmet financial need at the institution;
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requiring institutions participating in either program to
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remit to the department the amount of tuition assistance
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expended for students who fail to meet certain
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requirements; limiting the period during which a student
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may receive an award of tuition assistance; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 1009.89, Florida Statutes, is amended to
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read:
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1009.89 The William L. Boyd, IV, Florida resident access
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grants.--
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(1) The Legislature finds and declares that independent
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nonprofit colleges and universities eligible to participate in
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the William L. Boyd, IV, Florida Resident Access Grant Program
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are an integral part of the higher education system in this state
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and that a significant number of state residents choose this form
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of higher education. The Legislature further finds that a strong
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and viable system of independent nonprofit colleges and
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universities reduces the tax burden on the citizens of the state.
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Because The William L. Boyd, IV, Florida Resident Access Grant
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Program is not related to a student's financial need or other
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criteria upon which financial aid programs are based, it is the
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intent of the Legislature that the William L. Boyd, IV, Florida
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Resident Access Grant Program not be considered a financial aid
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program but rather a tuition assistance program for its citizens.
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(2) The William L. Boyd, IV, Florida Resident Access Grant
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Program shall be administered by the Department of Education. The
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State Board of Education shall adopt rules for the administration
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of the program.
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(3) The department shall issue through the program a
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William L. Boyd, IV, Florida resident access grant to any full-
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time degree-seeking undergraduate student registered at an
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independent nonprofit college or university that which is located
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in and chartered by the state; that which is accredited by the
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Commission on Colleges of the Southern Association of Colleges
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and Schools; that which grants baccalaureate degrees; that has a
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mean retention rate, based on data for baccalaureate-degree-
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seeking students reported the prior year to the federal
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Integrated Postsecondary Education Data System, which is no more
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than two standard deviations below the mean retention rate for
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all public and private baccalaureate degree-granting institutions
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in the state; that which is not a state university or state
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community college; and that which has a secular purpose, so long
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as the receipt of state aid by students at the institution would
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not have the primary effect of advancing or impeding religion or
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result in an excessive entanglement between the state and any
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religious sect. Any independent college or university that was
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eligible to receive tuition vouchers on January 1, 1989, and that
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which continues to meet the criteria under which its eligibility
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was established, shall remain eligible to receive William L.
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Boyd, IV, Florida resident access grant payments. An institution
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that does not meet the required retention rate on July 1, 2008,
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remains eligible to participate until July 1, 2011.
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(4) A person is eligible to receive such William L. Boyd,
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IV, Florida resident access grant if:
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(a) He or she meets the general requirements, including
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residency, for student eligibility as provided in s. 1009.40,
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except as otherwise provided in this section; and
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(b)1. He or she is enrolled as a full-time undergraduate
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student at an eligible college or university;
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2. He or she is not enrolled in a program of study leading
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to a degree in theology or divinity; and
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3. He or she maintains a cumulative grade point average of
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at least 2.25 on a 4.0 scale and earns 12 hours of academic
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credit for each semester, or the equivalent for each quarter,
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that he or she receives an award; is making satisfactory academic
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progress as defined by the college or university in which he or
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she is enrolled.
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4. He or she files with the department information
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concerning financial need on a form approved by the department;
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and
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5. He or she demonstrates unmet financial need at the
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institution where he or she is enrolled.
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(5)(a) Funding for the William L. Boyd, IV, Florida
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Resident Access Grant Program shall be based on a formula
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composed of planned enrollment and the state cost of funding
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undergraduate enrollment at public institutions pursuant to s.
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1011.90. The amount of the William L. Boyd, IV, Florida resident
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access grant issued to a full-time student shall be an amount as
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specified in the General Appropriations Act. The William L. Boyd,
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IV, Florida resident access grant may be paid on a prorated basis
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in advance of the registration period. The department shall make
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such payments to the college or university in which the student
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is enrolled for credit to the student's account for payment of
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tuition and fees. Institutions shall certify to the department
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the amount of funds disbursed to each student and shall remit to
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the department any undisbursed advances or refunds within 60 days
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of the end of regular registration. Each institution shall
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annually remit to the department the amount of the grant expended
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under this program for each student who failed to maintain a
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cumulative grade point average of at least 2.25 on a 4.0 scale or
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who failed to earn 12 hours of academic credit for each semester,
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or the equivalent for each quarter, that he or she received an
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award. Students shall not be eligible to receive the award for
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more than 8 9 semesters or an equivalent number of 14 quarters,
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except as otherwise provided in s. 1009.40(3).
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(b) If the combined amount of the William L. Boyd, IV,
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Florida resident access grant issued pursuant to this act and all
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other scholarships and grants for tuition or fees exceeds the
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amount charged to the student for tuition and fees, the
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department shall reduce the William L. Boyd, IV, Florida resident
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access grant issued pursuant to this act by an amount equal to
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such excess.
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(6) If the number of eligible students exceeds the total
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authorized in the General Appropriations Act, an institution may
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use its own resources to assure that each eligible student
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receives the full benefit of the grant amount authorized.
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Section 2. Section 1009.891, Florida Statutes, is amended
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to read:
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1009.891 The Access to Better Learning and Education Grant
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Program.--
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(1) The Legislature finds and declares that independent
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for-profit colleges and universities eligible to participate in
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the Access to Better Learning and Education Grant Program are an
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integral part of the higher education system in this state and
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that a significant number of state residents choose this form of
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higher education. The Legislature further finds that strong,
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viable independent for-profit colleges and universities reduce
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the tax burden on the residents of the state. Because The Access
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to Better Learning and Education Grant Program is not related to
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a student's financial need or other criteria upon which financial
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aid programs are based, it is the intent of the Legislature that
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the Access to Better Learning and Education Grant Program not be
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considered a financial aid program but rather a tuition
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assistance program for state residents.
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(2) The Access to Better Learning and Education Grant
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Program shall be administered by the Department of Education. The
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State Board of Education shall adopt rules for administering the
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program.
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(3) The department shall issue an access grant to any full-
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time student seeking a baccalaureate degree who is registered at
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a for-profit college or university that is located in and
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chartered by the state and that is accredited by the Commission
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on Colleges of the Southern Association of Colleges and Schools
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or who is registered at a nonprofit college or university that is
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chartered out of the state, that has been located in the state
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for 10 years or more, and that is accredited by the Commission on
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Colleges of the Southern Association of Colleges and Schools, the
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Middle States Association of Colleges and Schools, the North
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Central Association of Colleges and Schools, or the New England
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Association of Colleges and Schools; that grants baccalaureate
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degrees; that has a mean retention rate, based on data reported
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to the federal Integrated Postsecondary Education Data System,
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which is no more than two standard deviations below the mean
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retention rate for all public and private baccalaureate degree-
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granting institutions in the state; that is not a state
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university or state community college; and that has a secular
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purpose, if the receipt of state aid by students at the
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institution would not have the primary effect of advancing or
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impeding religion or result in an excessive entanglement between
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the state and any religious sect. Institutions eligible for the
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Access to Better Learning and Education Grant Program in the
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initial year of funding shall include only those for-profit
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colleges or universities identified in this subsection. Nonprofit
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colleges or universities identified in this subsection shall be
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eligible for financial support in the second year of funding. An
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institution that does not meet the required retention rate on
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July 1, 2008, remains eligible to participate until July 1, 2011.
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(4) A person is eligible to receive an access grant if:
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(a) He or she meets the general requirements, including
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residency, for student eligibility as provided in s. 1009.40,
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except as otherwise provided in this section; and
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(b)1. He or she is enrolled as a full-time undergraduate
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student at an eligible college or university in a program of
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study leading to a baccalaureate degree;
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2. He or she is not enrolled in a program of study leading
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to a degree in theology or divinity; and
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3. He or she maintains a cumulative grade point average of
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at least 2.25 on a 4.0 scale and earns 12 hours of academic
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credit for each semester, or the equivalent for each quarter,
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that he or she receives an award; is making satisfactory academic
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progress as defined by the college or university in which he or
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she is enrolled.
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4. He or she files with the department information
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concerning financial need on a form approved by the department;
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and
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5. He or she demonstrates unmet financial need at the
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institution where he or she is enrolled.
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(5)(a) The amount of the access grant issued to a full-time
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student shall be an amount specified in the General
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Appropriations Act. The access grant may be paid on a prorated
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basis in advance of the registration period. The department shall
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make payments to the college or university in which the student
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is enrolled for credit to the student's account for payment of
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tuition and fees. Institutions shall certify to the department
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the amount of funds disbursed to each student and shall remit to
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the department any undisbursed advances or refunds within 60 days
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after the end of regular registration. Each institution shall
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annually remit to the department the amount of tuition assistance
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expended under this program for each student who failed to
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maintain a cumulative grade point average of at least 2.25 on a
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4.0 scale or who failed to earn 12 hours of academic credit for
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each semester, or the equivalent for each quarter, that he or she
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received an award. A student may not receive the award for more
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than 8 9 semesters or an equivalent number of 14 quarters, except
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as otherwise provided in s. 1009.40(3).
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(b) If the combined amount of the access grant issued
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pursuant to this section and all other scholarships and grants
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for tuition or fees exceeds the amount charged to the student for
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tuition and fees, the department shall reduce the grant issued
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under this section by an amount equal to the excess.
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(6) If the number of eligible students exceeds the total
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authorized in the General Appropriations Act, an institution may
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use its own resources to assure that each eligible student
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receives the full benefit of the grant amount authorized.
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(7) This section shall be implemented only to the extent
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specifically funded and authorized by law.
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Section 3. This act shall take effect upon becoming a law.
CODING: Words stricken are deletions; words underlined are additions.