Florida Senate - 2009 SB 158
By Senator Ring
32-00038-09 2009158__
1 A bill to be entitled
2 An act relating to student financial assistance;
3 creating s. 1009.893, F.S.; creating the Sure Futures
4 Postgraduate Scholarship Program; providing purposes
5 and goals for the program; creating s. 1009.894, F.S.;
6 providing legislative findings; providing definitions;
7 establishing the Sure Futures Foundation and a
8 foundation board to administer the program; providing
9 for membership of the board; providing duties of the
10 board; providing eligibility criteria for
11 participation in the program by students and sponsors;
12 providing procedures for application to the program;
13 providing procedures for the selection of
14 participants; providing benefits to students selected
15 to participate in the program; providing requirements
16 for such students; requiring that a participating
17 student who graduates with an advanced degree remain
18 employed by his or her sponsor in this state for a
19 specified period; requiring that a prorated portion of
20 the scholarship convert to a low-interest loan under
21 certain conditions; requiring that sponsors and
22 students participating in the program enter into a
23 contract; requiring that such contract contain certain
24 terms; requiring that a sponsor make a specified
25 monetary contribution for scholarships; requiring that
26 a sponsor make a specified additional contribution per
27 year to cover administrative costs of the program;
28 authorizing sponsors to establish terms of sponsorship
29 and specify specific universities at which a student
30 must enroll in order to receive sponsorship; relieving
31 an employee for his or her obligations under a
32 contract of sponsorship under certain conditions;
33 requiring that the Office of Student Financial
34 Assistance of the Department of Education establish a
35 database containing certain information; requiring
36 that the foundation establish a standard application
37 form; requiring that the Department of Education
38 annually establish the amount necessary to cover
39 certain costs; requiring that state universities make
40 available certain information regarding the program;
41 requiring that certain entities promote participation
42 in the program; requiring that the Department of
43 Education adopt rules; providing an appropriation;
44 providing an effective date.
45
46 Be It Enacted by the Legislature of the State of Florida:
47
48 Section 1. Section 1009.893, Florida Statutes, is created
49 to read:
50 1009.893 Sure Futures Postgraduate Scholarship Program.—The
51 Sure Futures Postgraduate Scholarship Program is created for the
52 purpose of establishing a scholarship program to match private
53 sector businesses that need employees having advanced degrees
54 with students seeking advanced degrees and employment. The goals
55 of the program are to provide for a more highly educated
56 workforce by offering students greater academic and financial
57 access to the pursuit of advanced degrees in areas of critical
58 need and to recruit and retain the state's best and brightest
59 graduate students by offering them comprehensive financial
60 assistance for educational pursuits and potential employment
61 with the private-sector businesses that have indicated their
62 willingness to enter into partnerships in the program.
63 Section 2. Section 1009.894, Florida Statutes, is created
64 to read:
65 1009.894 The Sure Futures Foundation.—
66 (1) The Legislature finds that there exists in Florida a
67 labor shortage of employees who have received postgraduate
68 degrees in areas identified by the Board of Governors in its 10
69 year strategic plan. The Legislature further finds that there is
70 a critical need for the state to ensure that this state's
71 students have increased access to postgraduate education
72 opportunities in the state; that businesses relocate or remain
73 active in this state, thus contributing to the economic success
74 and viability of this state; and that a qualified and highly
75 educated workforce is available and willing to seek employment
76 with such businesses. Further, public universities in this state
77 can play a vital role in ensuring that students are given
78 incentives to remain in the state education system and seek
79 postgraduate degrees by offering financial incentives and
80 diversity in education programs that contribute to filling the
81 critical needs of private businesses in Florida. The Legislature
82 recognizes that the United States Armed Forces have been
83 extremely successful for many decades in recruiting and
84 retaining exceptional students through scholarships in the
85 reserve officer training corps (ROTC) programs resulting in the
86 requirement of a minimum 4-year service commitment from program
87 graduates who are trained in and assigned to critical career
88 fields. Lastly, the Legislature desires to establish a
89 workforce-development program in this state which is similar to
90 the proven Armed Forces ROTC programs in an effort to promote,
91 recruit, and retain a qualified workforce to meet the demands of
92 this state and its businesses.
93 (2) As used in this section, the term:
94 (a) “Sure Futures scholar” or “scholar” means a student
95 admitted into at least one postgraduate program within the 16
96 identified areas of critical need identified by the Board of
97 Governors in its most recent 10-year strategic plan.
98 (b) “Sure Futures sponsor” or “sponsor” means a
99 corporation, partnership, limited liability company, sole
100 proprietor, or other business entity participating in the Sure
101 Futures Postgraduate Scholarship Program through scholarship
102 endowment contributions and commitments to offering employment
103 and entering into employment contracts with Sure Futures
104 scholars.
105 (3) The “Sure Futures Foundation,” hereinafter referred to
106 as “foundation,” is established and shall seek designation under
107 s. 501(c)(3) of the Internal Revenue Code. The foundation shall
108 be governed by the Sure Futures Foundation Board, which shall
109 administer the Sure Futures Postgraduate Scholarship Program
110 with guidance from the Board of Governors and the State Board of
111 Education. Duties of the foundation board include, but are not
112 limited to:
113 (a) Adoption of policies and procedures for implementing
114 the program, including approving sponsors and the scholarship
115 criteria of such sponsors.
116 (b) Establishment of a process for approving printed and
117 electronic materials, marketing, and advertising.
118 (c) Establishment of a process and procedure for matching
119 sponsors with scholars at the inception of the scholar's
120 postgraduate program.
121 (d) Establishment and maintenance, when applicable, of the
122 foundation's student loans.
123 (4) The board of the foundation shall be comprised of:
124 (a) The Commissioner of Education, as an ex officio member.
125 (b) The chair of the Board of Governors, as an ex officio
126 member.
127 (c) Four state university presidents selected by the State
128 University Presidents' Association, who shall be appointed to 2
129 year terms.
130 (d) Four sponsors participating in the program, recommended
131 by the Commissioner of Education and selected by the Governor,
132 who shall be appointed to 2-year terms.
133 (e) One graduate student recommended by the Commissioner of
134 Education and selected by the Governor, who shall be appointed
135 to a 1-year term.
136 The Commissioner of Education, the chair of the Board of
137 Governors, the university presidents, or any of the sponsors may
138 designate a specific individual to represent him or her at
139 foundation board meetings. The foundation board members shall
140 serve without compensation, but are entitled to reimbursement
141 for travel and per diem expenses incurred in the performance of
142 their duties in accordance with s. 112.061. The Institute of
143 Science and Public Affairs at Florida State University, as
144 created in s. 1004.58 and operating as Florida State University,
145 shall provide operational management and administrative and
146 support staff to the foundation.
147 (5)(a) The following students are eligible as candidates
148 for a Sure Futures Postgraduate Scholarship and thereby eligible
149 to obtain a list of sponsors and the graduate degree programs
150 for which such sponsors are seeking candidates:
151 1. A student in his or her senior year who is an
152 undergraduate student at a state university or a private college
153 or university in the state.
154 2. A student in his or her senior year who is an
155 undergraduate student at an out-of-state college or university
156 but who would otherwise qualify as a resident for purposes of
157 in-state tuition if otherwise attending a state university.
158 3. A graduate of a state university or a private college or
159 university in the state who, within 12 months following
160 graduation, intends to pursue a graduate degree program at a
161 state university.
162 (b) A student shall apply, using a standard application
163 form, to the Sure Futures Foundation for designated Sure
164 Futures-degreed programs at each state university to which the
165 student has been admitted into a postgraduate program. A
166 predetermined limit shall be established by the foundation board
167 for the maximum number of applications a student may submit in a
168 given scholarship cycle.
169 (c) After the initial candidate screening and interview
170 phase, a student selected to be offered a Sure Futures
171 Postgraduate Scholarship shall be matched by the Sure Futures
172 Foundation with a sponsor. The student and the sponsor shall
173 sign a contract whereby the student agrees to borrow scholarship
174 funds through the program, with a waiver-of-payment provision if
175 a 4-year employment obligation is completed, and the sponsor
176 agrees to provide a defined 4-year employment position in the
177 state. For each year that the student is enrolled full time as a
178 graduate student, the scholarship shall cover tuition, fees, and
179 books for the degree program; health insurance with an option
180 for the scholar to purchase additional coverage through a family
181 plan for dependents; and room and board based on the university
182 dormitory and meal-plan rate.
183 (d) A student must maintain a minimum grade point average
184 as determined by the sponsor.
185 (e) If a student is unable to take a full load of
186 coursework during a summer semester, the student may be required
187 by the sponsor to participate in an internship program.
188 (f) Upon graduation with an advanced degree, a graduate
189 shall begin working for the sponsor and must remain employed in
190 this state by the sponsor for a minimum of 4 years as stipulated
191 in the contract.
192 (g) If a student fails to maintain the required grade point
193 average or the graduate terminates his or her employment before
194 completing the 4-year obligation, a prorated portion of the
195 scholarship shall convert to a low-interest loan administered by
196 the Sure Futures Foundation.
197 (h) The contract signed by the sponsor and the student must
198 clearly state the terms of the loan, the company's expectations
199 for the scholar's performance, employment requirements, and
200 potential legal remedies if the terms and conditions of the
201 contract are not met. The terms of such contract must include as
202 a condition of the scholar accepting a match with a particular
203 sponsor noncompetition, nonsolicitation, and nondisclosure
204 provisions as required by the sponsor for up to 4 years
205 following the scholar's completion of the postgraduate degree
206 requirements.
207 (6)(a) A sponsor desiring new employees having advanced
208 degrees shall make a monetary contribution to the program in
209 amounts equal to 50 percent of the total scholarship funds
210 necessary for completing an eligible degree program pursuant to
211 this section from which it wishes to draw students, plus an
212 additional 3 percent per year for the degree program for the
213 Sure Future Foundation to cover administrative costs of the Sure
214 Futures Postgraduate Scholarship Program. Contributions shall be
215 made in one lump-sum payment before the student begins
216 postgraduate coursework. Such funds shall be matched by the
217 state under its matching program as provided in s. 1011.94(2)
218 and (3)(b)5. A sponsor may contribute one or more scholarships,
219 but must offer employment in Florida for each scholar to which
220 the sponsor is matched for the 4-year contracted employment
221 period.
222 (b) A sponsor may establish terms of sponsorship,
223 including, but not limited to, the degree sought, minimum grade
224 point average, and requirements regarding extracurricular
225 activities.
226 (c) A sponsor may select the state universities at which
227 students may enroll or it may allow its scholarships to be
228 available for study at any state university.
229 (d) If a sponsor terminates a scholarship employee for
230 reasons other than malfeasance, misfeasance, or nonfeasance
231 before the employee completes the 4-year obligation, the
232 employee is not required to repay the scholarship. A sponsor is
233 encouraged to establish protocols to retain an employee before
234 his or her termination.
235 (7)(a) On behalf of the foundation, the Office of Student
236 Financial Assistance of the Department of Education shall
237 establish a central database of sponsors, the graduate degree
238 programs for which the sponsors are seeking candidates, and
239 student applicants and their profiles. For purposes of this
240 section, the foundation, in consultation with the office, shall
241 establish a standard application for use by all state
242 universities.
243 (b) On an annual basis, the Department of Education shall
244 establish the amount necessary to cover the costs for degree
245 programs for which sponsors may make contributions pursuant to
246 this section.
247 (8) Prepared documentation and electronic information
248 regarding the program shall be made available through the
249 appropriate office at each state university. As deemed
250 appropriate by its administration, a state university may
251 provide additional information or activities, such as providing
252 one-on-one discussions with advisors, conducting seminars on the
253 program, or working with companies in its service area to create
254 scholarships through the program.
255 (9) State agencies, local workforce boards, chambers of
256 commerce, and Enterprise Florida, Inc., are strongly encouraged
257 to promote participation in the program by sponsors and
258 students.
259 (10) The Department of Education shall adopt rules to
260 administer this section, including rules establishing
261 application forms.
262 Section 3. There is appropriated in the form of a non
263 interest loan from nonrecurring general revenue a sum not to
264 exceed $300,000 to the Sure Futures Foundation to pay for costs
265 associated with establishing and administering the foundation
266 and the Sure Futures Postgraduate Scholarship Program. Such
267 appropriation shall be repaid by the foundation on or before
268 December 31, 2011.
269 Section 4. This act shall take effect July 1, 2009.