| 1 | A bill to be entitled |
| 2 | An act relating to the Florida Bright Futures Scholarship |
| 3 | Program; amending s. 1009.53, F.S.; revising the Florida |
| 4 | Bright Futures Scholarship Program beginning with initial |
| 5 | awards to students for the 2011 fall term; amending s. |
| 6 | 1009.531, F.S., relating to student eligibility |
| 7 | requirements for initial awards, to conform to changes |
| 8 | made by the act; updating a cross-reference to high school |
| 9 | graduation requirements; creating s. 1009.5315, F.S.; |
| 10 | providing that, for students receiving initial awards |
| 11 | beginning with the 2011 fall term, the Florida Bright |
| 12 | Futures Scholarship Program shall consist of five levels |
| 13 | of awards; specifying student eligibility requirements and |
| 14 | award amounts for each level of award; defining the term |
| 15 | "tuition and fees" for purposes of award amounts; |
| 16 | providing requirements for renewal of awards; amending s. |
| 17 | 1009.532, F.S., relating to student eligibility |
| 18 | requirements for renewal awards, to conform to changes |
| 19 | made by the act; amending s. 1009.538, F.S., relating to |
| 20 | the calculation of awards for students attending nonpublic |
| 21 | institutions, to conform to changes made by the act; |
| 22 | amending s. 1009.24, F.S., relating to state university |
| 23 | student fees, to conform to changes made by the act; |
| 24 | providing that the tuition differential shall be included |
| 25 | in the calculation of Florida Bright Futures Scholarship |
| 26 | Program award amounts beginning with initial awards to |
| 27 | students for the 2011 fall term; providing an effective |
| 28 | date. |
| 29 |
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| 30 | Be It Enacted by the Legislature of the State of Florida: |
| 31 |
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| 32 | Section 1. Subsections (2) and (3), paragraph (a) of |
| 33 | subsection (4), and subsection (7) of section 1009.53, Florida |
| 34 | Statutes, are amended to read: |
| 35 | 1009.53 Florida Bright Futures Scholarship Program.- |
| 36 | (2) The Bright Futures Scholarship Program consists of |
| 37 | three types of awards: the Florida Academic Scholarship, the |
| 38 | Florida Medallion Scholarship, and the Florida Gold Seal |
| 39 | Vocational Scholarship. Beginning with initial awards for the |
| 40 | 2011 fall term, the Bright Futures Scholarship Program consists |
| 41 | of five levels of Florida Bright Futures Scholarships. |
| 42 | (3) The Department of Education shall administer the |
| 43 | Bright Futures Scholarship Program according to rules and |
| 44 | procedures established by the State Board of Education. A single |
| 45 | application must be sufficient for a student to apply for any of |
| 46 | the three types of awards or for any of the five levels of |
| 47 | awards beginning with initial awards for the 2011 fall term. The |
| 48 | department must advertise the availability of the scholarship |
| 49 | program and must notify students, teachers, parents, guidance |
| 50 | counselors, and principals or other relevant school |
| 51 | administrators of the criteria and application procedures. The |
| 52 | department must begin this process of notification no later than |
| 53 | January 1 of each year. |
| 54 | (4) Funding for the Bright Futures Scholarship Program |
| 55 | must be allocated from the Education Enhancement Trust Fund and |
| 56 | must be provided before allocations from that fund are |
| 57 | calculated for disbursement to other educational entities. |
| 58 | (a) If funds appropriated are not adequate to provide the |
| 59 | maximum allowable award to each eligible applicant, awards in |
| 60 | all three components of the program or in all five levels of the |
| 61 | program beginning with initial awards for the 2011 fall term |
| 62 | must be prorated using the same percentage reduction. |
| 63 | (7) A student may receive only one type or level of award |
| 64 | from the Florida Bright Futures Scholarship Program at a time, |
| 65 | but may transfer from one type or level of award to another |
| 66 | through the renewal application process, if the student's |
| 67 | eligibility status changes. However, a student is not eligible |
| 68 | to transfer from a Florida Medallion Scholarship or a Florida |
| 69 | Gold Seal Vocational Scholarship to a Florida Academic |
| 70 | Scholarship. A student who receives an award from the program |
| 71 | may also receive a federal family education loan or a federal |
| 72 | direct loan, and the value of the award must be considered in |
| 73 | the certification or calculation of the student's loan |
| 74 | eligibility. |
| 75 | Section 2. Subsections (1), (4), and (5) of section |
| 76 | 1009.531, Florida Statutes, are amended to read: |
| 77 | 1009.531 Florida Bright Futures Scholarship Program; |
| 78 | student eligibility requirements for initial awards.- |
| 79 | (1) Effective January 1, 2008, In order to be eligible for |
| 80 | an initial award from any of the three types of scholarships or |
| 81 | for an initial award beginning with the 2011 fall term from any |
| 82 | of the five levels of scholarships under the Florida Bright |
| 83 | Futures Scholarship Program, a student must: |
| 84 | (a) Be a Florida resident as defined in s. 1009.40 and |
| 85 | rules of the State Board of Education. |
| 86 | (b) Earn a standard Florida high school diploma or its |
| 87 | equivalent as described in s. 1003.428, s. 1003.429, s. 1003.43, |
| 88 | or s. 1003.435 unless: |
| 89 | 1. The student completes a home education program |
| 90 | according to s. 1002.41; or |
| 91 | 2. The student earns a high school diploma from a non- |
| 92 | Florida school while living with a parent or guardian who is on |
| 93 | military or public service assignment away from Florida. |
| 94 | (c) Be accepted by and enroll in an eligible Florida |
| 95 | public or independent postsecondary education institution. |
| 96 | (d) Be enrolled for at least 6 semester credit hours or |
| 97 | the equivalent in quarter hours or clock hours. |
| 98 | (e) Not have been found guilty of, or entered a plea of |
| 99 | nolo contendere to, a felony charge, unless the student has been |
| 100 | granted clemency by the Governor and Cabinet sitting as the |
| 101 | Executive Office of Clemency. |
| 102 | (f) Apply for a scholarship from the program by high |
| 103 | school graduation. |
| 104 | (4) Each school district shall annually provide to each |
| 105 | high school student a complete and accurate Florida Bright |
| 106 | Futures Scholarship Evaluation Report and Key. The report shall |
| 107 | be disseminated at the beginning of each school year. The report |
| 108 | must include all high school coursework attempted, the number of |
| 109 | credits earned toward each type or level of award, and the |
| 110 | calculation of the grade point average for each type or level of |
| 111 | award. The report must also identify all requirements not met |
| 112 | per type or level of award, including the grade point average |
| 113 | requirement, as well as identify the types or levels of awards |
| 114 | for which the student has met the academic requirements. The |
| 115 | student report cards must contain a disclosure that the grade |
| 116 | point average calculated for purposes of the Florida Bright |
| 117 | Futures Scholarship Program may differ from the grade point |
| 118 | average on the report card. |
| 119 | (5) A student who wishes to qualify for a particular type |
| 120 | or level of award within the Florida Bright Futures Scholarship |
| 121 | Program, but who does not meet all of the requirements for that |
| 122 | type or level of award, may, nevertheless, receive the award for |
| 123 | that type or level if the principal of the student's school or |
| 124 | the district superintendent verifies that the deficiency is |
| 125 | caused by the fact that school district personnel provided |
| 126 | inaccurate or incomplete information to the student. The school |
| 127 | district must provide a means for the student to correct the |
| 128 | deficiencies and the student must correct them, either by |
| 129 | completing comparable work at the postsecondary institution or |
| 130 | by completing a directed individualized study program developed |
| 131 | and administered by the school district. If the student does not |
| 132 | complete the requirements by December 31 immediately following |
| 133 | high school graduation, the student is ineligible to participate |
| 134 | in the program. |
| 135 | Section 3. Section 1009.5315, Florida Statutes, is created |
| 136 | to read: |
| 137 | 1009.5315 Florida Bright Futures Scholarship Program |
| 138 | awards.- |
| 139 | (1) For students receiving initial awards beginning with |
| 140 | the 2011 fall term, the Florida Bright Futures Scholarship |
| 141 | Program shall consist of five levels of awards. A student is |
| 142 | eligible for one of the five levels of awards if the student |
| 143 | meets the general eligibility requirements for the program under |
| 144 | s. 1009.531 and the requirements for one of the five levels as |
| 145 | follows: |
| 146 | (a) A Level I award requires that the student: |
| 147 | 1.a. Has achieved at least a 3.0 weighted grade point |
| 148 | average as calculated pursuant to s. 1009.531, or its |
| 149 | equivalent, in high school courses that are designated by the |
| 150 | State Board of Education as college preparatory academic courses |
| 151 | and has attained a score of at least 970 on the combined reading |
| 152 | and mathematics sections of the SAT Reasoning Test or an |
| 153 | equivalent score on the ACT Assessment Program; or |
| 154 | b. Has completed a college preparatory curriculum in a |
| 155 | home education program pursuant to s. 1002.41 during grades 11 |
| 156 | and 12 that has been documented through a transcript approved by |
| 157 | the Department of Education, has completed the International |
| 158 | Baccalaureate curriculum but failed to earn the International |
| 159 | Baccalaureate Diploma, or has completed the Advanced |
| 160 | International Certificate of Education curriculum but failed to |
| 161 | earn the Advanced International Certificate of Education |
| 162 | Diploma, and has attained a score of at least 970 on the |
| 163 | combined reading and mathematics sections of the SAT Reasoning |
| 164 | Test or an equivalent score on the ACT Assessment Program. |
| 165 | 2. Has completed a program of community service work, as |
| 166 | approved by the district school board or the administrators of a |
| 167 | nonpublic school, which shall include a minimum of 75 hours of |
| 168 | service work and require the student to identify a social |
| 169 | problem that interests him or her, develop a plan for his or her |
| 170 | personal involvement in addressing the problem, and, through |
| 171 | papers or other presentations, evaluate and reflect upon his or |
| 172 | her experience. |
| 173 | (b) A Level II award requires that the student: |
| 174 | 1.a. Has achieved at least a 3.5 weighted grade point |
| 175 | average as calculated pursuant to s. 1009.531, or its |
| 176 | equivalent, in high school courses that are designated by the |
| 177 | State Board of Education as college preparatory academic courses |
| 178 | and has attained a score of at least 1100 on the combined |
| 179 | reading and mathematics sections of the SAT Reasoning Test or an |
| 180 | equivalent score on the ACT Assessment Program; or |
| 181 | b. Has completed a college preparatory curriculum in a |
| 182 | home education program pursuant to s. 1002.41 during grades 11 |
| 183 | and 12 that has been documented through a transcript approved by |
| 184 | the Department of Education, has completed the International |
| 185 | Baccalaureate curriculum but failed to earn the International |
| 186 | Baccalaureate Diploma, or has completed the Advanced |
| 187 | International Certificate of Education curriculum but failed to |
| 188 | earn the Advanced International Certificate of Education |
| 189 | Diploma, and has attained a score of at least 1100 on the |
| 190 | combined reading and mathematics sections of the SAT Reasoning |
| 191 | Test or an equivalent score on the ACT Assessment Program. |
| 192 | 2. Has completed a program of community service work, as |
| 193 | approved by the district school board or the administrators of a |
| 194 | nonpublic school, which shall include a minimum of 75 hours of |
| 195 | service work and require the student to identify a social |
| 196 | problem that interests him or her, develop a plan for his or her |
| 197 | personal involvement in addressing the problem, and, through |
| 198 | papers or other presentations, evaluate and reflect upon his or |
| 199 | her experience. |
| 200 | (c) A Level III award requires that the student: |
| 201 | 1.a. Has achieved at least a 3.5 weighted grade point |
| 202 | average as calculated pursuant to s. 1009.531, or its |
| 203 | equivalent, in high school courses that are designated by the |
| 204 | State Board of Education as college preparatory academic courses |
| 205 | and has attained a score of at least 1200 on the combined |
| 206 | reading and mathematics sections of the SAT Reasoning Test or an |
| 207 | equivalent score on the ACT Assessment Program; or |
| 208 | b. Has completed a college preparatory curriculum in a |
| 209 | home education program pursuant to s. 1002.41 during grades 11 |
| 210 | and 12 that has been documented through a transcript approved by |
| 211 | the Department of Education, has completed the International |
| 212 | Baccalaureate curriculum but failed to earn the International |
| 213 | Baccalaureate Diploma, or has completed the Advanced |
| 214 | International Certificate of Education curriculum but failed to |
| 215 | earn the Advanced International Certificate of Education |
| 216 | Diploma, and has attained a score of at least 1200 on the |
| 217 | combined reading and mathematics sections of the SAT Reasoning |
| 218 | Test or an equivalent score on the ACT Assessment Program. |
| 219 | 2. Has completed a program of community service work, as |
| 220 | approved by the district school board or the administrators of a |
| 221 | nonpublic school, which shall include a minimum of 75 hours of |
| 222 | service work and require the student to identify a social |
| 223 | problem that interests him or her, develop a plan for his or her |
| 224 | personal involvement in addressing the problem, and, through |
| 225 | papers or other presentations, evaluate and reflect upon his or |
| 226 | her experience. |
| 227 | (d) A Level IV award requires that the student: |
| 228 | 1.a. Has achieved at least a 3.5 weighted grade point |
| 229 | average as calculated pursuant to s. 1009.531, or its |
| 230 | equivalent, in high school courses that are designated by the |
| 231 | State Board of Education as college preparatory academic courses |
| 232 | and has attained a score of at least 1300 on the combined |
| 233 | reading and mathematics sections of the SAT Reasoning Test or an |
| 234 | equivalent score on the ACT Assessment Program; |
| 235 | b. Has completed a college preparatory curriculum in a |
| 236 | home education program pursuant to s. 1002.41 during grades 11 |
| 237 | and 12 that has been documented through a transcript approved by |
| 238 | the Department of Education, has completed the International |
| 239 | Baccalaureate curriculum but failed to earn the International |
| 240 | Baccalaureate Diploma, or has completed the Advanced |
| 241 | International Certificate of Education curriculum but failed to |
| 242 | earn the Advanced International Certificate of Education |
| 243 | Diploma, and has attained a score of at least 1300 on the |
| 244 | combined reading and mathematics sections of the SAT Reasoning |
| 245 | Test or an equivalent score on the ACT Assessment Program; |
| 246 | c. Has been awarded an International Baccalaureate Diploma |
| 247 | from the International Baccalaureate Office or an Advanced |
| 248 | International Certificate of Education Diploma from the |
| 249 | University of Cambridge International Examinations Office; |
| 250 | d. Has been recognized by the merit or achievement |
| 251 | programs of the National Merit Scholarship Corporation as a |
| 252 | scholar or finalist; or |
| 253 | e. Has been recognized by the National Hispanic |
| 254 | Recognition Program as a scholar recipient. |
| 255 | 2. Has completed a program of community service work, as |
| 256 | approved by the district school board or the administrators of a |
| 257 | nonpublic school, which shall include a minimum of 75 hours of |
| 258 | service work and require the student to identify a social |
| 259 | problem that interests him or her, develop a plan for his or her |
| 260 | personal involvement in addressing the problem, and, through |
| 261 | papers or other presentations, evaluate and reflect upon his or |
| 262 | her experience. |
| 263 | (e) A Level V award requires that the student: |
| 264 | 1.a. Has achieved at least a 3.5 weighted grade point |
| 265 | average as calculated pursuant to s. 1009.531, or its |
| 266 | equivalent, in high school courses that are designated by the |
| 267 | State Board of Education as college preparatory academic courses |
| 268 | and has attained a score of at least 1400 on the combined |
| 269 | reading and mathematics sections of the SAT Reasoning Test or an |
| 270 | equivalent score on the ACT Assessment Program; |
| 271 | b. Has completed a college preparatory curriculum in a |
| 272 | home education program pursuant to s. 1002.41 during grades 11 |
| 273 | and 12 that has been documented through a transcript approved by |
| 274 | the Department of Education, has completed the International |
| 275 | Baccalaureate curriculum but failed to earn the International |
| 276 | Baccalaureate Diploma, or has completed the Advanced |
| 277 | International Certificate of Education curriculum but failed to |
| 278 | earn the Advanced International Certificate of Education |
| 279 | Diploma, and has attained a score of at least 1400 on the |
| 280 | combined reading and mathematics sections of the SAT Reasoning |
| 281 | Test or an equivalent score on the ACT Assessment Program; |
| 282 | c. Has been awarded an International Baccalaureate Diploma |
| 283 | from the International Baccalaureate Office or an Advanced |
| 284 | International Certificate of Education Diploma from the |
| 285 | University of Cambridge International Examinations Office and |
| 286 | has attained a score of at least 1400 on the combined reading |
| 287 | and mathematics sections of the SAT Reasoning Test or an |
| 288 | equivalent score on the ACT Assessment Program; |
| 289 | d. Has been recognized by the merit or achievement |
| 290 | programs of the National Merit Scholarship Corporation as a |
| 291 | scholar or finalist and has attained a score of at least 1400 on |
| 292 | the combined reading and mathematics sections of the SAT |
| 293 | Reasoning Test or an equivalent score on the ACT Assessment |
| 294 | Program; or |
| 295 | e. Has been recognized by the National Hispanic |
| 296 | Recognition Program as a scholar recipient and has attained a |
| 297 | score of at least 1400 on the combined reading and mathematics |
| 298 | sections of the SAT Reasoning Test or an equivalent score on the |
| 299 | ACT Assessment Program. |
| 300 | 2. Has completed a program of community service work, as |
| 301 | approved by the district school board or the administrators of a |
| 302 | nonpublic school, which shall include a minimum of 75 hours of |
| 303 | service work and require the student to identify a social |
| 304 | problem that interests him or her, develop a plan for his or her |
| 305 | personal involvement in addressing the problem, and, through |
| 306 | papers or other presentations, evaluate and reflect upon his or |
| 307 | her experience. |
| 308 | (2)(a) For purposes of this section, the term "tuition and |
| 309 | fees" includes the following fees to the extent assessed by a |
| 310 | community college or state university: |
| 311 | 1. Tuition. |
| 312 | 2. Financial aid fee. |
| 313 | 3. Activity and service fee. |
| 314 | 4. Health fee. |
| 315 | 5. Athletic fee. |
| 316 | 6. Capital improvement fee. |
| 317 | 7. Building fee. |
| 318 | 8. Transportation access fee. |
| 319 | 9. Student affairs facility use fee. |
| 320 | 10. Tuition differential fee. |
| 321 | (b) Beginning with Florida Bright Futures Scholarships |
| 322 | initially awarded for the 2011 fall term, the amount of awards |
| 323 | pursuant to subsection (1) shall be as follows: |
| 324 | 1. A Level I award shall pay 100 percent of the cost of |
| 325 | tuition and fees that a student incurs while enrolled in a |
| 326 | certificate, diploma, or associate degree program at a community |
| 327 | college or career center. A student who completes an associate |
| 328 | degree program is eligible for a Level II award for the cost of |
| 329 | tuition and fees for a baccalaureate degree program at a |
| 330 | community college, a state university, or a comparable eligible |
| 331 | independent postsecondary education institution pursuant to s. |
| 332 | 1009.533. |
| 333 | 2. A Level II award shall pay 25 percent of the cost of |
| 334 | tuition and fees that a student incurs while enrolled in a |
| 335 | baccalaureate degree program at a state university or a fixed |
| 336 | amount calculated according to s. 1009.538 at a comparable |
| 337 | eligible independent postsecondary education institution |
| 338 | pursuant to s. 1009.533. A student who is eligible for a Level |
| 339 | II award is eligible for a Level I award if the student enrolls |
| 340 | at a community college or career center. |
| 341 | 3. A Level III award shall pay 50 percent of the cost of |
| 342 | tuition and fees that a student incurs while enrolled in a |
| 343 | baccalaureate degree program at a state university or a fixed |
| 344 | amount calculated according to s. 1009.538 at a comparable |
| 345 | eligible independent postsecondary education institution |
| 346 | pursuant to s. 1009.533. A student who is eligible for a Level |
| 347 | III award is eligible for a Level I award if the student enrolls |
| 348 | at a community college or career center. |
| 349 | 4. A Level IV award shall pay 75 percent of the cost of |
| 350 | tuition and fees that a student incurs while enrolled in a |
| 351 | baccalaureate degree program at a state university or a fixed |
| 352 | amount calculated according to s. 1009.538 at a comparable |
| 353 | eligible independent postsecondary education institution |
| 354 | pursuant to s. 1009.533. A student who is eligible for a Level |
| 355 | IV award is eligible for a Level I award if the student enrolls |
| 356 | at a community college or career center. |
| 357 | 5. A Level V award shall pay 100 percent of the cost of |
| 358 | tuition and fees that a student incurs while enrolled in a |
| 359 | baccalaureate degree program at a state university or a fixed |
| 360 | amount calculated according to s. 1009.538 at a comparable |
| 361 | eligible independent postsecondary education institution |
| 362 | pursuant to s. 1009.533. A student who is eligible for a Level V |
| 363 | award is eligible for a Level I award if the student enrolls at |
| 364 | a community college or career center. |
| 365 | (3) To be eligible to renew any of the five levels of |
| 366 | awards, a student must maintain the equivalent of a cumulative |
| 367 | grade point average of 3.0 on a 4.0 scale and meet the |
| 368 | eligibility requirements for renewal under s. 1009.532. |
| 369 | Section 4. Subsection (1) of section 1009.532, Florida |
| 370 | Statutes, is amended to read: |
| 371 | 1009.532 Florida Bright Futures Scholarship Program; |
| 372 | student eligibility requirements for renewal awards.- |
| 373 | (1) To be eligible to renew a scholarship from any of the |
| 374 | three types of scholarships or, beginning with initial awards |
| 375 | for the 2011 fall term, from any of the five levels of |
| 376 | scholarships under the Florida Bright Futures Scholarship |
| 377 | Program, a student must: |
| 378 | (a) Effective for students funded in the 2009-2010 |
| 379 | academic year and thereafter, earn at least 24 semester credit |
| 380 | hours or the equivalent in the last academic year in which the |
| 381 | student earned a scholarship if the student was enrolled full |
| 382 | time, or a prorated number of credit hours as determined by the |
| 383 | Department of Education if the student was enrolled less than |
| 384 | full time for any part of the academic year. If a student fails |
| 385 | to earn the minimum number of hours required to renew the |
| 386 | scholarship, the student shall lose his or her eligibility for |
| 387 | renewal for a period equivalent to 1 academic year. Such student |
| 388 | is eligible to restore the award the following academic year if |
| 389 | the student earns the hours for which he or she was enrolled at |
| 390 | the level defined by the department and meets the grade point |
| 391 | average for renewal. A student is eligible for such restoration |
| 392 | one time. The department shall notify eligible recipients of the |
| 393 | provisions of this paragraph. Each institution shall notify |
| 394 | award recipients of the provisions of this paragraph during the |
| 395 | registration process. |
| 396 | (b) Maintain the cumulative grade point average required |
| 397 | by the scholarship program, except that: |
| 398 | 1. If a recipient's grades fall beneath the average |
| 399 | required to renew a Florida Academic Scholarship, but are |
| 400 | sufficient to renew a Florida Medallion Scholarship or a Florida |
| 401 | Gold Seal Vocational Scholarship, the Department of Education |
| 402 | may grant a renewal from one of those other scholarship |
| 403 | programs, if the student meets the renewal eligibility |
| 404 | requirements; |
| 405 | 2. If, at any time during the eligibility period, a |
| 406 | student's grades are insufficient to renew the scholarship, the |
| 407 | student may restore eligibility by improving the grade point |
| 408 | average to the required level. A student is eligible for such a |
| 409 | restoration one time. The Legislature encourages education |
| 410 | institutions to assist students to calculate whether or not it |
| 411 | is possible to raise the grade point average during the summer |
| 412 | term. If the institution determines that it is possible, the |
| 413 | education institution may so inform the department, which may |
| 414 | reserve the student's award if funds are available. The renewal, |
| 415 | however, must not be granted until the student achieves the |
| 416 | required cumulative grade point average. If the summer term is |
| 417 | not sufficient to raise the grade point average to the required |
| 418 | renewal level, the student's next opportunity for renewal is the |
| 419 | fall semester of the following academic year; or |
| 420 | 3. If a student is receiving a Florida Bright Futures |
| 421 | Scholarship, is a servicemember of the Florida National Guard or |
| 422 | United States Reserves while attending a postsecondary |
| 423 | institution, is called to active duty or state active duty, as |
| 424 | defined in s. 250.01, prior to completing his or her degree, and |
| 425 | meets all other requirements for the scholarship, the student |
| 426 | shall be eligible to continue the scholarship for 2 years after |
| 427 | completing active duty or state active duty. |
| 428 | (c) Reimburse or make satisfactory arrangements to |
| 429 | reimburse the institution for the award amount received for |
| 430 | courses dropped after the end of the drop and add period or |
| 431 | courses from which the student withdraws after the end of the |
| 432 | drop and add period unless the student has received an exception |
| 433 | pursuant to s. 1009.53(11). |
| 434 | Section 5. Section 1009.538, Florida Statutes, is amended |
| 435 | to read: |
| 436 | 1009.538 Bright Futures Scholarship recipients attending |
| 437 | nonpublic institutions; calculation of awards.- |
| 438 | (1) Notwithstanding ss. 1009.53, 1009.534, 1009.535, and |
| 439 | 1009.536, a student who receives any award under the Florida |
| 440 | Bright Futures Scholarship Program, who is enrolled in a |
| 441 | nonpublic postsecondary education institution, and who is |
| 442 | assessed tuition and fees that are the same as those of a full- |
| 443 | time student at that institution, shall receive a fixed award |
| 444 | calculated by using the average tuition and fee calculation as |
| 445 | prescribed by the Department of Education for full-time |
| 446 | attendance at a public postsecondary education institution at |
| 447 | the comparable level. If the student is enrolled part-time and |
| 448 | is assessed tuition and fees at a reduced level, the award shall |
| 449 | be either one-half of the maximum award or three-fourths of the |
| 450 | maximum award, depending on the level of fees assessed. |
| 451 | (2) Notwithstanding ss. 1009.53 and 1009.5315, a student |
| 452 | who receives an initial award under the Florida Bright Futures |
| 453 | Scholarship Program beginning with the 2011 fall term, who is |
| 454 | enrolled in a nonpublic postsecondary education institution, and |
| 455 | who is assessed tuition and fees that are the same as those of a |
| 456 | full-time student at that institution shall receive a fixed |
| 457 | award calculated by using the average tuition and fee |
| 458 | calculation pursuant to s. 1009.5315 as prescribed by the |
| 459 | Department of Education for full-time attendance at a public |
| 460 | postsecondary education institution at the comparable level. If |
| 461 | the student is enrolled part-time and is assessed tuition and |
| 462 | fees at a reduced level, the award shall be either one-half of |
| 463 | the maximum award or three-fourths of the maximum award, |
| 464 | depending on the level of fees assessed. |
| 465 | Section 6. Paragraph (d) of subsection (4) and paragraph |
| 466 | (b) of subsection (16) of section 1009.24, Florida Statutes, are |
| 467 | amended to read: |
| 468 | 1009.24 State university student fees.- |
| 469 | (4) |
| 470 | (d) The sum of the activity and service, health, and |
| 471 | athletic fees a student is required to pay to register for a |
| 472 | course shall not exceed 40 percent of the tuition established in |
| 473 | law or in the General Appropriations Act. No university shall be |
| 474 | required to lower any fee in effect on the effective date of |
| 475 | this act in order to comply with this subsection. Within the 40 |
| 476 | percent cap, universities may not increase the aggregate sum of |
| 477 | activity and service, health, and athletic fees more than 5 |
| 478 | percent per year unless specifically authorized in law or in the |
| 479 | General Appropriations Act. A university may increase its |
| 480 | athletic fee to defray the costs associated with changing |
| 481 | National Collegiate Athletic Association divisions. Any such |
| 482 | increase in the athletic fee may exceed both the 40 percent cap |
| 483 | and the 5 percent cap imposed by this subsection. Any such |
| 484 | increase must be approved by the athletic fee committee in the |
| 485 | process outlined in subsection (12) and cannot exceed $2 per |
| 486 | credit hour. Notwithstanding the provisions of ss. 1009.534, |
| 487 | 1009.535, and 1009.536, that portion of any increase in an |
| 488 | athletic fee pursuant to this subsection that causes the sum of |
| 489 | the activity and service, health, and athletic fees to exceed |
| 490 | the 40 percent cap or the annual increase in such fees to exceed |
| 491 | the 5 percent cap shall not be included in calculating the |
| 492 | amount a student receives for a Florida Academic Scholars award, |
| 493 | a Florida Medallion Scholars award, or a Florida Gold Seal |
| 494 | Vocational Scholars award. Notwithstanding the provisions of s. |
| 495 | 1009.5315, that portion of any increase in an athletic fee |
| 496 | pursuant to this subsection that causes the sum of the activity |
| 497 | and service, health, and athletic fees to exceed the 40 percent |
| 498 | cap or the annual increase in such fees to exceed the 5 percent |
| 499 | cap shall not be included in calculating the amount a student |
| 500 | receives for a Florida Bright Futures Scholarship Program award. |
| 501 | (16) Each university board of trustees may establish a |
| 502 | tuition differential for undergraduate courses upon receipt of |
| 503 | approval from the Board of Governors. The tuition differential |
| 504 | shall promote improvements in the quality of undergraduate |
| 505 | education and shall provide financial aid to undergraduate |
| 506 | students who exhibit financial need. |
| 507 | (b) Each tuition differential is subject to the following |
| 508 | conditions: |
| 509 | 1. The tuition differential may be assessed on one or more |
| 510 | undergraduate courses or on all undergraduate courses at a state |
| 511 | university. |
| 512 | 2. The tuition differential may vary by course or courses, |
| 513 | campus or center location, and by institution. Each university |
| 514 | board of trustees shall strive to maintain and increase |
| 515 | enrollment in degree programs related to math, science, high |
| 516 | technology, and other state or regional high-need fields when |
| 517 | establishing tuition differentials by course. |
| 518 | 3. For each state university that has total research and |
| 519 | development expenditures for all fields of at least $100 million |
| 520 | per year as reported annually to the National Science |
| 521 | Foundation, the aggregate sum of tuition and the tuition |
| 522 | differential may not be increased by more than 15 percent of the |
| 523 | total charged for the aggregate sum of these fees in the |
| 524 | preceding fiscal year. For each state university that has total |
| 525 | research and development expenditures for all fields of less |
| 526 | than $100 million per year as reported annually to the National |
| 527 | Science Foundation, the aggregate sum of tuition and the tuition |
| 528 | differential may not be increased by more than 15 percent of the |
| 529 | total charged for the aggregate sum of these fees in the |
| 530 | preceding fiscal year. |
| 531 | 4. The aggregate sum of undergraduate tuition and fees per |
| 532 | credit hour, including the tuition differential, may not exceed |
| 533 | the national average of undergraduate tuition and fees at 4-year |
| 534 | degree-granting public postsecondary educational institutions. |
| 535 | 5. The tuition differential may not be calculated as a |
| 536 | part of the scholarship programs established in ss. 1009.53- |
| 537 | 1009.538. However, beginning with initial awards for the 2011 |
| 538 | fall term under the Florida Bright Futures Scholarship Program, |
| 539 | the tuition differential shall be included in the calculation |
| 540 | for an award pursuant to ss. 1009.5315 and 1009.538. |
| 541 | 6. Beneficiaries having prepaid tuition contracts pursuant |
| 542 | to s. 1009.98(2)(b) which were in effect on July 1, 2007, and |
| 543 | which remain in effect, are exempt from the payment of the |
| 544 | tuition differential. |
| 545 | 7. The tuition differential may not be charged to any |
| 546 | student who was in attendance at the university before July 1, |
| 547 | 2007, and who maintains continuous enrollment. |
| 548 | 8. The tuition differential may be waived by the |
| 549 | university for students who meet the eligibility requirements |
| 550 | for the Florida public student assistance grant established in |
| 551 | s. 1009.50. |
| 552 | 9. Subject to approval by the Board of Governors, the |
| 553 | tuition differential authorized pursuant to this subsection may |
| 554 | take effect with the 2009 fall term. |
| 555 | Section 7. This act shall take effect July 1, 2010. |