HB 5009

1
A bill to be entitled
2An act relating to postsecondary education funding;
3amending s. 1009.24, F.S.; revising maximum annual
4adjustments to out-of-state fees or tuition for graduate
5programs at state universities; amending s. 1009.55, F.S.;
6limiting eligibility for the Rosewood Family Scholarship
7Program to direct descendants; deleting obsolete language;
8amending ss. 1009.57, 1009.58, 1009.59, and 1009.60, F.S.;
9revising provisions relating to the Florida Teacher
10Scholarship and Forgivable Loan Program, the Critical
11Teacher Shortage Tuition Reimbursement Program, the
12Critical Teacher Shortage Student Loan Forgiveness
13Program, and the Minority Teacher Education Scholars
14Program; requiring that the amount of awards under such
15programs be prorated based on available appropriations and
16not exceed specified amounts; amending s. 1009.605, F.S.;
17requiring the Florida Fund for Minority Teachers, Inc., to
18submit a report on scholarship recipients and remit
19undistributed funds to the Department of Education;
20amending s. 1009.701, F.S.; requiring applicants under the
21First Generation Matching Grant Program to meet specified
22eligibility requirements; amending s. 1009.94, F.S.;
23providing reporting requirements for postsecondary
24institutions participating in certain state student
25financial assistance programs; amending s. 1009.98, F.S.;
26authorizing the Florida Prepaid College Board to provide
27advance payment contracts based on specific increments
28usable toward an associate or baccalaureate degree;
29providing definitions; providing for payments on behalf of
30qualified beneficiaries with contracts purchased prior to
31July 1, 2009; providing for increases in payments;
32providing an exemption from the payment of certain fees;
33requiring evaluation of the actuarial soundness of the
34Florida Prepaid College Trust Fund; creating s. 1011.521,
35F.S.; authorizing appropriations to private colleges and
36universities for specified uses; providing reporting
37requirements and restrictions on expenditures; repealing
38ss. 1009.76 and 1009.765, F.S., relating to Ethics in
39Business scholarships; amending s. 1009.40, F.S.; deleting
40a cross-reference to conform; providing an exemption from
41requirements relating to revenue bonds and debt for the
42rental of space within a specified public health facility;
43providing an effective date.
44
45Be It Enacted by the Legislature of the State of Florida:
46
47     Section 1.  Paragraph (c) of subsection (4) of section
481009.24, Florida Statutes, is amended to read:
49     1009.24  State university student fees.--
50     (4)
51     (c)  The Board of Governors, or the board's designee, may
52establish tuition for graduate and professional programs, and
53out-of-state fees for all programs. The sum of tuition and out-
54of-state fees assessed to nonresident students must be
55sufficient to offset the full instructional cost of serving such
56students. However, adjustments to out-of-state fees or tuition
57for graduate programs and pursuant to this section may not
58exceed 10 percent in any year, and adjustments to out-of-state
59fees or tuition for professional programs may not exceed 15
60percent in any year.
61     Section 2.  Subsection (1) and paragraph (c) of subsection
62(2) of section 1009.55, Florida Statutes, are amended to read:
63     1009.55  Rosewood Family Scholarship Program.--
64     (1)  There is created a Rosewood Family Scholarship Program
65for minority persons with preference given to the direct
66descendants of the Rosewood families, not to exceed 25
67scholarships per year. Funds appropriated by the Legislature for
68the program shall be deposited in the State Student Financial
69Assistance Trust Fund.
70     (2)  The Rosewood Family Scholarship Program shall be
71administered by the Department of Education. The State Board of
72Education shall adopt rules for administering this program which
73shall at a minimum provide for the following:
74     (c)  The department shall rank eligible initial applicants
75for the purposes of awarding scholarships with preference being
76given to the direct descendants of the Rosewood families. The
77remaining applicants shall be ranked based on need as determined
78by the Department of Education.
79     Section 3.  Paragraph (b) of subsection (2) and paragraphs
80(b) and (c) of subsection (3) of section 1009.57, Florida
81Statutes, is amended to read:
82     1009.57  Florida Teacher Scholarship and Forgivable Loan
83Program.--
84     (2)  Within the Florida Teacher Scholarship and Forgivable
85Loan Program shall be established the "Chappie" James Most
86Promising Teacher Scholarship which shall be offered to a top
87graduating senior from each public secondary school in the
88state. An additional number of "Chappie" James Most Promising
89Teacher Scholarship awards shall be offered annually to
90graduating seniors from private secondary schools in the state
91which are listed with the Department of Education and accredited
92by the Southern Association of Colleges and Schools or any other
93private statewide accrediting agency which makes public its
94standards, procedures, and member schools. The private secondary
95schools shall be in compliance with regulations of the Office
96for Civil Rights. The number of awards to private secondary
97school students shall be proportional to the number of awards
98available to public secondary school students and shall be
99calculated as the ratio of the number of private to public
100secondary school seniors in the state multiplied by the number
101of public secondary schools in the state.
102     (b)  The amount of the scholarship shall be prorated based
103on available appropriations and may not exceed is $1,500 per
104year. The scholarship and may be renewed for 1 year if the
105student earns a 2.5 cumulative grade point average and 12 credit
106hours per term and meets the eligibility requirements for
107renewal of the award.
108     (3)
109     (b)  An undergraduate forgivable loan may be awarded for 2
110undergraduate years, not to exceed $4,000 per year, or for a
111maximum of 3 years for programs requiring a fifth year of
112instruction to obtain initial teaching certification. The amount
113of the undergraduate forgivable loan shall be prorated based on
114available appropriations and may not exceed $4,000 per year.
115     (c)  A graduate forgivable loan may be awarded for 2
116graduate years. The amount of the graduate forgivable loan shall
117be prorated based on available appropriations and may, not to
118exceed $8,000 per year. In addition to meeting criteria
119specified in paragraph (a), a loan recipient at the graduate
120level shall:
121     1.  Hold a bachelor's degree from any college or university
122accredited by a regional accrediting association as defined by
123State Board of Education rule.
124     2.  Not already hold a teaching certificate resulting from
125an undergraduate degree in education in an area of critical
126teacher shortage as designated by the State Board of Education.
127     3.  Not have received an undergraduate forgivable loan as
128provided for in paragraph (b).
129     Section 4.  Subsection (3) of section 1009.58, Florida
130Statutes, is amended to read:
131     1009.58  Critical teacher shortage tuition reimbursement
132program.--
133     (3)  Participants may receive tuition reimbursement
134payments for up to 9 semester hours, or the equivalent in
135quarter hours, per year. The amount of the reimbursement per
136semester hour shall be prorated based on available
137appropriations and may not, at a rate not to exceed $78 per
138semester hour, up to a total of 36 semester hours. All tuition
139reimbursements shall be contingent on passing an approved course
140with a minimum grade of 3.0 or its equivalent.
141     Section 5.  Subsection (2) of section 1009.59, Florida
142Statutes, is amended to read:
143     1009.59  Critical Teacher Shortage Student Loan Forgiveness
144Program.--
145     (2)  From the funds available, The Department of Education
146may make loan principal repayments, which shall be prorated
147based on available appropriations as follows:
148     (a)  Up to $2,500 a year for up to 4 years on behalf of
149selected graduates of state-approved undergraduate postsecondary
150teacher preparation programs, persons certified to teach
151pursuant to any applicable teacher certification requirements,
152or selected teacher preparation graduates from any state
153participating in the Interstate Agreement on the Qualification
154of Educational Personnel.
155     (b)  Up to $5,000 a year for up to 2 years on behalf of
156selected graduates of state-approved graduate postsecondary
157teacher preparation programs, persons with graduate degrees
158certified to teach pursuant to any applicable teacher
159certification requirements, or selected teacher preparation
160graduates from any state participating in the Interstate
161Agreement on the Qualification of Educational Personnel.
162     (c)  All repayments shall be contingent on continued proof
163of employment in the designated subject areas in this state and
164shall be made directly to the holder of the loan. The state
165shall not bear responsibility for the collection of any interest
166charges or other remaining balance. In the event that designated
167critical teacher shortage subject areas are changed by the State
168Board of Education, a teacher shall continue to be eligible for
169loan forgiveness as long as he or she continues to teach in the
170subject area for which the original loan repayment was made and
171otherwise meets all conditions of eligibility.
172     Section 6.  Subsections (1) and (3) of section 1009.60,
173Florida Statutes, are amended to read:
174     1009.60  Minority teacher education scholars
175program.--There is created the minority teacher education
176scholars program, which is a collaborative performance-based
177scholarship program for African-American, Hispanic-American,
178Asian-American, and Native American students. The participants
179in the program include Florida's community colleges and its
180public and private universities that have teacher education
181programs.
182     (1)  The minority teacher education scholars program shall
183provide an annual scholarship in an amount that shall be
184prorated based on available appropriations and may not exceed of
185$4,000 for each approved minority teacher education scholar who
186is enrolled in one of Florida's public or private universities
187in the junior year and is admitted into a teacher education
188program.
189     (3)  The total amount appropriated annually for new
190scholarships in the program must be divided by $4,000 and by the
191number of participating colleges and universities. Each
192participating institution has access to the same number of
193scholarships and may award all of them to eligible minority
194students. If a college or university does not award all of its
195scholarships by the date set by the program administration at
196the Florida Fund for Minority Teachers, Inc., the remaining
197scholarships must be transferred to another institution that has
198eligible students. If the total amount appropriated for new
199scholarships is insufficient to award $4,000 to each eligible
200student, the amount of the scholarship shall be prorated based
201on available appropriations.
202     Section 7.  Subsection (2) of section 1009.605, Florida
203Statutes, is amended to read:
204     1009.605  Florida Fund for Minority Teachers, Inc.--
205     (2)(a)  The corporation shall submit an annual budget
206projection to the Department of Education to be included in the
207annual legislative budget request. The projection must be based
208on a 7-year plan that would be capable of awarding the following
209schedule of scholarships:
210     1.(a)  In the initial year, 700 scholarships of $4,000 each
211to scholars in the junior year of college.
212     2.(b)  In the second year, 350 scholarships to new scholars
213in their junior year and 700 renewal scholarships to the rising
214seniors.
215     3.(c)  In each succeeding year, 350 scholarships to new
216scholars in the junior year and renewal scholarships to the 350
217rising seniors.
218     (b)  The corporation shall report to the Department of
219Education, by the date established by the department, the
220eligible students to whom scholarship moneys are disbursed each
221academic term and any other information requested by the
222department in accordance with s. 1009.94. Within 60 days after
223the end of each fiscal year, the corporation shall remit to the
224department any appropriated funds that were not distributed for
225scholarships, less the 5 percent for administration, including
226administration of the required training program, authorized
227pursuant to subsection (3).
228     Section 8.  Paragraph (e) of subsection (5) of section
2291009.701, Florida Statutes, is amended to read:
230     1009.701  First Generation Matching Grant Program.--
231     (5)  In order to be eligible to receive a grant pursuant to
232this section, an applicant must:
233     (e)  Have met the eligibility requirements in s. 1009.50
234for demonstrated financial need for the Florida Public Student
235Assistance Grant Program by completing the Free Application for
236Federal Student Aid.
237     Section 9.  Subsections (2) and (3) of section 1009.94,
238Florida Statutes, are amended to read:
239     1009.94  Student financial assistance database.--
240     (2)  For purposes of this section, financial assistance
241includes:
242     (a)  For all students, any scholarship, grant, loan, fee
243waiver, tuition assistance payment, or other form of
244compensation provided from state or federal funds.
245     (b)  For students attending public institutions, any
246scholarship, grant, loan, fee waiver, tuition assistance
247payment, or other form of compensation supported by
248institutional funds.
249     (c)  Any financial assistance provided under s. 1009.50, s.
2501009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s.
2511009.55, s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s.
2521009.63, s. 1009.68, s. 1009.70, s. 1009.701, s. 1009.72, s.
2531009.73, s. 1009.74, s. 1009.77, s. 1009.89, or s. 1009.891.
254     (3)  The database must include records on any student
255receiving any form of financial assistance as described in
256subsection (2). Each institution Institutions participating in
257any state financial assistance program under paragraph (2)(c)
258shall annually report submit such information to the Department
259of Education, by the date and in a format prescribed by the
260department and consistent with the provisions of s. 1002.22, the
261eligible students to whom financial assistance is disbursed each
262academic term, the eligibility requirements for recipients, and
263the aggregate demographics of recipients.
264     Section 10.  Paragraphs (a), (b), and (c) of subsection (2)
265of section 1009.98, Florida Statutes, are amended, and
266subsection (10) is added to that section, to read:
267     1009.98  Stanley G. Tate Florida Prepaid College Program.--
268     (2)  PREPAID COLLEGE PLANS.--At a minimum, the board shall
269make advance payment contracts available for two independent
270plans to be known as the community college plan and the
271university plan. The board may also make advance payment
272contracts available for a dormitory residence plan. The board
273may restrict the number of participants in the community college
274plan, university plan, and dormitory residence plan,
275respectively. However, any person denied participation solely on
276the basis of such restriction shall be granted priority for
277participation during the succeeding year.
278     (a)1.  Through the community college plan, the advance
279payment contract may shall provide prepaid registration fees for
280a specified number of undergraduate semester credit hours not to
281exceed the average number of hours required for the conference
282of an associate degree. Qualified beneficiaries shall bear the
283cost of any laboratory fees associated with enrollment in
284specific courses. Each qualified beneficiary shall be classified
285as a resident for tuition purposes, pursuant to s. 1009.21,
286regardless of his or her actual legal residence.
287     2.  Effective July 1, 1998, the board may provide advance
288payment contracts for additional fees delineated in s. 1009.23,
289not to exceed the average number of hours required for the
290conference of an associate degree, in conjunction with advance
291payment contracts for registration fees. Community college plan
292contracts purchased prior to July 1, 1998, shall be limited to
293the payment of registration fees as defined in s. 1009.97.
294     3.  Effective July 1, 2009, the board may provide an
295advance payment contract for the community college plan covering
296prepaid registration fees and the additional fees delineated in
297s. 1009.23. Such a contract may be offered in specific
298increments usable toward an associate degree. The total number
299of hours purchased for a qualified beneficiary may not exceed
300the average number of hours required for the conference of an
301associate degree.
302     (b)1.  Through the university plan, the advance payment
303contract may shall provide prepaid registration fees for a
304specified number of undergraduate semester credit hours not to
305exceed the average number of hours required for the conference
306of a baccalaureate degree. Qualified beneficiaries shall bear
307the cost of any laboratory fees associated with enrollment in
308specific courses. Each qualified beneficiary shall be classified
309as a resident for tuition purposes pursuant to s. 1009.21,
310regardless of his or her actual legal residence.
311     2.  Effective July 1, 1998, the board may provide advance
312payment contracts for additional fees delineated in s.
3131009.24(9)-(12), for a specified number of undergraduate
314semester credit hours not to exceed the average number of hours
315required for the conference of a baccalaureate degree, in
316conjunction with advance payment contracts for registration
317fees. Such contracts shall provide prepaid coverage for the sum
318of such fees, to a maximum of 45 percent of the cost of
319registration fees. University plan contracts purchased prior to
320July 1, 1998, shall be limited to the payment of registration
321fees as defined in s. 1009.97.
322     3.  Effective July 1, 2007, the board may provide advance
323payment contracts for the tuition differential authorized in s.
3241009.24(16) for a specified number of undergraduate semester
325credit hours, which may not exceed the average number of hours
326required for the conference of a baccalaureate degree, in
327conjunction with advance payment contracts for registration
328fees.
329     4.  Effective July 1, 2009, the board may provide an
330advance payment contract for the university plan covering
331prepaid registration fees, the additional fees delineated in s.
3321009.24(9)-(12), and the tuition differential authorized in s.
3331009.24(16). Such a contract may be offered in specific
334increments usable toward a baccalaureate degree. The total
335number of hours purchased for a qualified beneficiary may not
336exceed the average number of hours required for the conference
337of a baccalaureate degree.
338     (c)  The cost of participation in contracts authorized
339under paragraph (a) or paragraph (b) shall be based primarily on
340the current and projected registration fees within the Florida
341Community College System or the State University System,
342respectively, that are included in the plan, the number of
343credit hours or semesters included in the plan, and the number
344of years expected to elapse between the purchase of the plan on
345behalf of a qualified beneficiary and the exercise of the
346benefits provided in the plan by such beneficiary.
347     (10)  PAYMENTS ON BEHALF OF QUALIFIED BENEFICIARIES.--
348     (a)  For the purposes of this subsection:
349     1.  "Actuarial reserve" means the amount by which the
350expected value of the assets of the trust fund exceed the
351expected value of the liabilities of the trust fund.
352     2.  "Fiscal year" means the state fiscal year pursuant to
353s. 215.01.
354     3.  "Local fees" means the fees covered by an advance
355payment contract provided pursuant to subparagraph (2)(b)2.
356     4.  "Tuition differential" means the fee covered by an
357advance payment contract provided pursuant to subparagraph
358(2)(b)3. The base rate for the tuition differential for fiscal
359year 2012-2013 is established at $37.03 per credit hour. The
360base rate for the tuition differential in subsequent years is
361the amount paid by the board for the tuition differential for
362the preceding year adjusted pursuant to subparagraph (b)2.
363     (b)  Effective with the 2009-2010 academic year and each
364academic year thereafter and notwithstanding s. 1009.24, the
365amount paid by the board to any state university on behalf of a
366qualified beneficiary of an advance payment contract whose
367contract was purchased prior to July 1, 2009, shall be as
368follows:
369     1.  As to registration fees, if the actuarial reserve is
370less than 5 percent of the expected value of the liabilities of
371the trust fund, the board shall pay the state universities 5.5
372percent above the amount assessed for registration fees in the
373preceding fiscal year. If the actuarial reserve is between 5
374percent and 6 percent of the expected value of the liabilities
375of the trust fund, the board shall pay the state universities 6
376percent above the amount assessed for registration fees in the
377preceding fiscal year. If the actuarial reserve is between 6
378percent and 7.5 percent of the expected value of the liabilities
379of the trust fund, the board shall pay the state universities
3806.5 percent above the amount assessed for registration fees in
381the preceding fiscal year. If the actuarial reserve is equal to
382or greater than 7.5 percent of the expected liabilities of the
383trust fund, the board shall pay the state universities 7 percent
384above the amount assessed for registration fees in the preceding
385fiscal year.
386     2.  As to the tuition differential, if the actuarial
387reserve is less than 5 percent of the expected value of the
388liabilities of the trust fund, the board shall pay the state
389universities 5.5 percent above the base rate for the tuition
390differential in the preceding fiscal year. If the actuarial
391reserve is between 5 percent and 6 percent of the expected value
392of the liabilities of the trust fund, the board shall pay the
393state universities 6 percent above the base rate for the tuition
394differential in the preceding fiscal year. If the actuarial
395reserve is between 6 percent and 7.5 percent of the expected
396value of the liabilities of the trust fund, the board shall pay
397the state universities 6.5 percent above the base rate for the
398tuition differential in the preceding fiscal year. If the
399actuarial reserve is equal to or greater than 7.5 percent of the
400expected value of the liabilities of the trust fund, the board
401shall pay the state universities 7 percent above the base rate
402for the tuition differential in the preceding fiscal year.
403Qualified beneficiaries of advance payment contracts purchased
404prior to or on July 1, 2007, shall be exempt from paying the
405tuition differential.
406     3.  As to local fees, the board shall pay the state
407universities 5 percent above the amount assessed for local fees
408in the preceding fiscal year.
409     (c)  The board shall pay state universities the actual
410amount assessed in accordance with law for registration fees and
411the tuition differential for advance payment contracts purchased
412on or after July 1, 2009.
413     (d)  The board shall annually evaluate or cause to be
414evaluated the actuarial soundness of the trust fund.
415     Section 11.  Section 1011.521, Florida Statutes, is created
416to read:
417     1011.521  Appropriation to private colleges and
418universities.--
419     (1)  Subject to the provisions of this section, the
420Legislature may provide an annual appropriation to support
421Florida private colleges and universities. Such appropriations
422may be used to provide access to Florida residents seeking a
423postsecondary education, to fulfill the state's need for
424graduates in specific disciplines, and to support medical
425research.
426     (2)  Each institution receiving an appropriation under this
427section shall submit a proposed expenditure plan to the
428Department of Education by the date and in the format
429established by the department.
430     (3)  By September 1 of each fiscal year, each institution
431receiving an appropriation under this section shall submit a
432report to the Department of Education detailing expenditures of
433the funds received under this section in the preceding fiscal
434year. Any funds used to provide financial assistance to students
435shall be reported to the department in accordance with s.
4361009.94.
437     (4)  An institution may not expend any of the funds
438received under this section for the construction of any
439buildings.
440     Section 12.  Sections 1009.76 and 1009.765, Florida
441Statutes, are repealed.
442     Section 13.  Paragraph (a) of subsection (1) of section
4431009.40, Florida Statutes, is amended to read:
444     1009.40  General requirements for student eligibility for
445state financial aid awards and tuition assistance grants.--
446     (1)(a)  The general requirements for eligibility of
447students for state financial aid awards and tuition assistance
448grants consist of the following:
449     1.  Achievement of the academic requirements of and
450acceptance at a state university or community college; a nursing
451diploma school approved by the Florida Board of Nursing; a
452Florida college, university, or community college which is
453accredited by an accrediting agency recognized by the State
454Board of Education; any Florida institution the credits of which
455are acceptable for transfer to state universities; any career
456center; or any private career institution accredited by an
457accrediting agency recognized by the State Board of Education.
458     2.  Residency in this state for no less than 1 year
459preceding the award of aid or a tuition assistance grant for a
460program established pursuant to s. 1009.50, s. 1009.505, s.
4611009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s.
4621009.57, s. 1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s.
4631009.72, s. 1009.73, s. 1009.76, s. 1009.77, s. 1009.89, or s.
4641009.891. Residency in this state must be for purposes other
465than to obtain an education. Resident status for purposes of
466receiving state financial aid awards shall be determined in the
467same manner as resident status for tuition purposes pursuant to
468s. 1009.21.
469     3.  Submission of certification attesting to the accuracy,
470completeness, and correctness of information provided to
471demonstrate a student's eligibility to receive state financial
472aid awards or tuition assistance grants. Falsification of such
473information shall result in the denial of any pending
474application and revocation of any award or grant currently held
475to the extent that no further payments shall be made.
476Additionally, students who knowingly make false statements in
477order to receive state financial aid awards or tuition
478assistance grants commit a misdemeanor of the second degree
479subject to the provisions of s. 837.06 and shall be required to
480return all state financial aid awards or tuition assistance
481grants wrongfully obtained.
482     Section 14.  Notwithstanding s. 1010.62, Florida Statutes,
483revenue bonds may be secured by or made payable from lease
484payments from the Miami-Dade County Health Department of the
485Department of Health to Florida International University for
486rental of space within Florida International University's public
487health facility. The Legislature finds that such action is
488consistent with the mission of the university. The financial
489structure of any debt used to fund the public health facility
490must be in conformity with the debt management guidelines of the
491Board of Governors of the State University System and must be
492approved by the Board of Governors pursuant to s. 1010.62,
493Florida Statutes.
494     Section 15.  This act shall take effect July 1, 2009.


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