HB 23

1
A bill to be entitled
2An act relating to student financial assistance; creating
3s. 1009.893, F.S.; creating the Sure Futures Graduate
4Scholarship Program; providing purposes and goals for the
5program; creating s. 1009.894, F.S.; providing legislative
6findings and definitions; establishing the Sure Futures
7Foundation and a foundation board to administer the
8program; providing membership and duties of the board;
9providing eligibility criteria for participation in the
10program by students and sponsors; providing procedures for
11application to the program and selection of participants;
12requiring that sponsors and students participating in the
13program enter into a contract and specifying certain
14terms; providing benefits and requirements for students
15selected to participate in the program; requiring that a
16participating student who graduates with an advanced
17degree remain employed by his or her sponsor in this state
18for a specified period; providing that a prorated portion
19of the scholarship shall convert to a scholarship loan if
20certain obligations are not met; requiring that a sponsor
21make specified monetary contributions for scholarships and
22administrative costs of the program; providing for state
23matching of funds; authorizing sponsors to establish terms
24of sponsorship and specify universities at which a student
25may enroll to receive sponsorship; providing requirements
26if a sponsor terminates a scholarship employee; requiring
27that the Department of Education annually establish the
28amount necessary to cover certain costs; assigning
29administrative authority over scholarship loans to the
30Office of Student Financial Assistance in the department;
31providing duties and responsibilities of the State Board
32of Education, the department, and recipients with respect
33to scholarship loans and their repayment; requiring that
34state universities make available certain information
35regarding the program; encouraging certain entities to
36promote participation in the program; authorizing state
37universities to provide grants or waivers; requiring
38rulemaking; providing an appropriation; providing an
39effective date.
40
41Be It Enacted by the Legislature of the State of Florida:
42
43     Section 1.  Section 1009.893, Florida Statutes, is created
44to read:
45     1009.893  Sure Futures Graduate Scholarship Program.--The
46Sure Futures Graduate Scholarship Program is created for the
47purpose of establishing a scholarship program to match private-
48sector businesses that need employees in Florida who have
49advanced degrees with students who are seeking advanced degrees
50and employment. The goals of the program are to provide for a
51more highly educated workforce in Florida by offering students
52greater academic and financial access to the pursuit of advanced
53degrees in identified areas of critical need and to recruit and
54retain Florida's best and brightest graduate students by
55offering them comprehensive financial assistance to obtain
56advanced degrees and guaranteed employment in Florida with the
57private-sector businesses that have indicated their willingness
58to enter into partnerships in the program.
59     Section 2.  Section 1009.894, Florida Statutes, is created
60to read:
61     1009.894  The Sure Futures Foundation.--
62     (1)  The Legislature finds that public universities in this
63state can play a vital role in ensuring that students are given
64incentives to remain in the Florida education system and seek
65graduate degrees by offering financial incentives and diversity
66in education programs that contribute to filling the critical
67needs of private businesses in Florida. The Legislature
68recognizes that the United States Armed Forces have been
69extremely successful for many decades in recruiting and
70retaining exceptional students through scholarships in the
71Reserve Officer Training Corps (ROTC) programs with the
72requirement of a minimum 4-year service commitment from program
73graduates who are trained in and assigned to critical career
74fields. Therefore, the Legislature desires to model a workforce
75development program in this state that is similar to the proven
76Armed Forces ROTC programs in an effort to promote, recruit, and
77retain a qualified workforce to meet the demands of this state
78and its businesses.
79     (2)  As used in this section, the term:
80     (a)  "Sure Futures scholar" or "scholar" means a student
81who is admitted into at least one graduate program in an area of
82critical need identified by the Board of Governors in its most
83recent 10-year strategic plan and who has applied and been
84offered a Sure Futures Graduate Scholarship.
85     (b)  "Sure Futures sponsor" or "sponsor" means a
86corporation, partnership, limited liability company, sole
87proprietor, or other private-sector business entity
88participating in the Sure Futures Graduate Scholarship Program
89through supporting scholarships and providing employment
90opportunities for scholars pursuant to the provisions of this
91section.
92     (3)  The Sure Futures Foundation is established and shall
93seek designation under s. 501(c)(3) of the Internal Revenue
94Code. The foundation shall be governed by the Sure Futures
95Foundation Board, which shall administer the Sure Futures
96Graduate Scholarship Program with guidance from the Board of
97Governors and the State Board of Education. Duties of the
98foundation board shall include, but not be limited to:
99     (a)  Adoption of policies and procedures for implementation
100of the program, including, but not limited to, an application
101and matching process for students, scholars, and sponsors
102participating in the program.
103     (b)  Adoption of policies and procedures for receiving,
104processing, and managing contributions from sponsors and state
105matching dollars.
106     (c)  Establishment of a process for approval of printed and
107electronic materials, marketing, and advertising.
108     (d)  Establishment and maintenance, when applicable, of the
109foundation's scholarship loans.
110     (4)  The foundation board shall be comprised of the
111following nine members:
112     (a)  The Commissioner of Education, or the commissioner's
113designee, as an ex officio member.
114     (b)  The chair of the Board of Governors, or the chair's
115designee, as an ex officio member.
116     (c)  Three members from the State University System, with
117at least one member being a state university president,
118appointed by the Governor, who shall serve 2-year terms.
119     (d)  Three sponsors participating in the program,
120recommended by the Commissioner of Education and appointed by
121the Governor, who shall serve 2-year terms.
122     (e)  One graduate student recommended by the Commissioner
123of Education and appointed by the Governor, who shall serve a 1-
124year term.
125
126The foundation board members shall serve without compensation
127but are entitled to receive reimbursement for travel and per
128diem expenses incurred in the performance of their duties in
129accordance with s. 112.061. The foundation board may enter into
130an agreement with a state university, the Department of
131Education, or the Board of Governors to provide operational and
132administrative services to the foundation, including, but not
133limited to, processing student and scholar applications,
134responding to sponsor letters of interest, disseminating
135information about the program, managing contributions and
136matching state dollars, and facilitating student and sponsor
137matches.
138     (5)(a)  The following students are eligible as candidates
139for a Sure Futures Graduate Scholarship and thereby eligible to
140obtain a list of sponsors and the graduate degree programs for
141which such sponsors are seeking candidates:
142     1.  A student in his or her senior year who is an
143undergraduate student at a state university or a private college
144or university in the state and who intends to pursue a graduate
145degree program at a state university.
146     2.  A student in his or her senior year who is an
147undergraduate student at an out-of-state college or university
148but who would otherwise qualify as a resident for tuition
149purposes pursuant to s. 1009.21 and who intends to pursue a
150graduate degree program at a state university.
151     3.  A graduate of a college or university who qualifies as
152a resident for tuition purposes pursuant to s. 1009.21 and who
153intends to pursue a graduate degree program at a state
154university.
155
156A candidate may not be an existing employee of the sponsor with
157whom he or she is matched.
158     (b)  A student shall apply to the foundation for a Sure
159Futures Graduate Scholarship using a standard application form.
160     (c)  An employer interested in participating in the Sure
161Futures Graduate Scholarship Program shall submit a letter of
162interest to the foundation. The letter of interest, at a
163minimum, shall indicate the interest of the business in becoming
164a sponsor, including the degree and program and the university
165or universities of interest. The foundation shall notify the
166employer of the graduate programs, the state university or
167universities at which the programs are offered, and the total
168cost of the program.
169     (d)  The foundation shall review student applications to
170match students and potential sponsors. The foundation shall
171notify each student applicant and potential sponsor of the match
172or matches. Each potential sponsor is responsible for
173interviewing the students and notifying the foundation of the
174student or students it wishes to sponsor. The foundation is
175responsible for determining the final match of the sponsor and
176scholar.
177     (e)  Once a match is finalized through the foundation, the
178student and the sponsor shall sign a contract whereby the
179scholar agrees to the scholarship loan offered by the sponsor,
180with a waiver-of-payment provision if a 4-year employment
181obligation is completed, and the sponsor agrees to provide a
182defined 4-year employment position in the state. For each year
183that the scholar is enrolled full-time as a graduate student,
184the scholarship shall cover tuition, fees, and books for the
185degree program; health insurance with an option for the scholar
186to purchase additional coverage to buy a family plan for
187dependents; and room and board based on the university dormitory
188and meal plan rate.
189     (f)  A scholar must maintain a minimum grade point average
190as determined by the sponsor.
191     (g)  If a scholar does not take a full load of coursework
192during a summer semester, the scholar may be required by the
193sponsor to participate in an internship program.
194     (h)  Upon graduation, a scholar shall begin working for the
195sponsor and must remain employed in this state by the sponsor
196for a minimum of 4 years as stipulated in the contract.
197     (i)  If a scholar fails to maintain the required grade
198point average or the graduate terminates his or her employment
199before completing the 4-year obligation, a prorated portion of
200the scholarship shall convert to a scholarship loan administered
201by the Office of Student Financial Assistance in the Department
202of Education on behalf of the foundation, pursuant to subsection
203(8).
204     (j)  The contract signed by the sponsor and the scholar
205shall clearly state the terms of the scholarship, the sponsor's
206expectations for the scholar's performance, employment
207requirements, and potential legal remedies if the terms and
208conditions of the contract are not met. The contract shall
209provide for the conversion of the scholarship to a scholarship
210loan under subsection (8) if the scholar is unable to complete
211all of the obligations of the contract and shall also provide
212for the matching of a scholar to an alternate sponsor if the
213original sponsor is unable to complete all of the obligations of
214the contract. The terms of such contract shall include, as a
215condition of the scholar accepting a match with a particular
216sponsor, provisions for noncompetition, nonsolicitation, and
217nondisclosure, as required by the sponsor, for up to 4 years
218following the scholar's completion of the graduate degree
219requirements.
220     (6)(a)  A sponsor shall make a monetary contribution to the
221program of at least 50 percent of the total scholarship funds
222necessary for completion of an eligible degree program pursuant
223to this section from which it wishes to draw students, plus an
224additional 3 percent per year for the foundation to cover
225administrative costs of the Sure Futures Graduate Scholarship
226Program. Contributions shall be made in one lump-sum payment to
227the foundation by a date specified in, and in accordance with,
228guidelines prescribed by the foundation. Beginning July 1, 2009,
229and continuing thereafter, such funds are eligible to be matched
230by the state on a dollar-for-dollar basis to the extent funds
231are appropriated by the Legislature for this purpose. A sponsor
232may contribute to one or more scholarships and must offer
233employment in Florida for each scholar to which the sponsor is
234matched for the 4-year contracted employment period.
235     (b)  A sponsor may establish terms of sponsorship,
236including, but not limited to, the degree sought, minimum grade
237point average, and requirements regarding extracurricular
238activities.
239     (c)  A sponsor may select the state universities at which
240scholars may enroll or it may allow its scholarships to be
241available for study at any state university.
242     (d)  If a sponsor terminates a scholarship employee without
243cause before the employee completes the 4-year obligation, the
244employee is not required to repay any portion of the scholarship
245and may be matched with another sponsor to complete the
246remaining 4-year contracted employment period. The sponsor shall
247not be reimbursed for any amount paid to the foundation as a
248sponsor that is made on behalf of the scholar.
249     (e)  If a sponsor terminates a scholarship employee with
250cause before the employee completes the 4-year obligation, the
251employee is required to repay a prorated portion of the
252scholarship in the form of a scholarship loan under subsection
253(8).
254     (7)(a)  On behalf of the foundation, the Office of Student
255Financial Assistance in the Department of Education shall
256establish a central database of sponsors, the graduate degree
257programs for which the sponsors are seeking scholars, and
258student applicants and their profiles. For purposes of this
259section, the foundation, in consultation with the office, shall
260establish a standard application for use by all state
261universities.
262     (b)  On an annual basis, the Department of Education shall
263establish the amount necessary to cover the costs for degree
264programs for which a sponsor may make contributions pursuant to
265this section. State universities shall provide information in
266the manner and timeframe described by the department to enable
267the department to comply with the provisions of this paragraph.
268     (8)(a)  On behalf of the foundation, the Office of Student
269Financial Assistance in the Department of Education through the
270Florida Student Scholarship Grant Programs has the authority to
271administer the scholarship loans pursuant to this section.
272     (b)  The State Board of Education shall adopt by rule
273scholarship loan terms, repayment schedules, and procedures for
274collection, settlement, and charging off of delinquent unpaid
275and uncanceled scholarship loan notes. A scholarship loan must
276be repaid within 10 years.
277     (c)  The rate of interest and other charges shall be set by
278the Department of Education.
279     1.  Credit for repayment of a scholarship loan shall be in
280an amount not to exceed 25 percent in loan principal plus
281applicable accrued interest for each full year of employment
282service.
283     2.  A scholarship loan recipient is responsible for
284repaying the scholarship loan plus accrued interest at the rate
285of interest established pursuant to this section.
286     3.  Scholarship loan recipients may receive loan repayment
287credit when matched with another sponsor at any time during the
288scheduled repayment period. The scholar shall receive credit
289only for the remaining employment service provided for in the
290terms of the initial employment contract. Further, such
291repayment credit shall be applicable only to the current
292principal and accrued interest balance that remains at the time
293the repayment credit is earned. No scholarship loan recipient
294shall be reimbursed for previous cash payments of principal and
295interest.
296     (9)  Prepared documentation and electronic information
297regarding the program shall be made available through the
298appropriate office at each state university. As deemed
299appropriate by its administration, a state university may
300provide additional information or activities, such as providing
301one-on-one discussions with advisors, conducting seminars on the
302program, or working with companies in its service area to create
303scholarships through the program.
304     (10)  State agencies, local workforce boards, chambers of
305commerce, and Enterprise Florida, Inc., are strongly encouraged
306to promote sponsor and scholar participation in the program.
307     (11)  To the extent the funds contributed by a sponsor and
308any matching funds provided by the state are not sufficient to
309pay for the costs identified in paragraph (5)(e), the state
310university that enrolls the scholar may provide the difference
311in cost through grants or waivers.
312     (12)  The State Board of Education shall adopt rules
313pursuant to ss. 120.536(1) and 120.54 necessary to administer
314this section, including rules establishing application forms.
315     Section 3.  There is appropriated in the form of a
316noninterest loan from nonrecurring general revenue a sum not to
317exceed $300,000 to the Sure Futures Foundation to pay for costs
318associated with establishing and administering the foundation
319and the Sure Futures Graduate Scholarship Program. Such
320appropriation shall be repaid by the foundation on or before
321December 31, 2010.
322     Section 4.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.