HB 5201

1	A bill to be entitled
2	An act relating to postsecondary education funding;
3	amending s. 295.02, F.S.; revising provisions relating to
4	the use of funds to pay postsecondary education expenses
5	for children and spouses of certain members of the
6	military; amending s. 295.04, F.S.; providing a
7	definition; providing educational benefit award amounts
8	for students at public and nonpublic eligible
9	postsecondary education institutions; creating s. 1006.72,
10	F.S.; providing requirements for the licensing of
11	electronic library resources; requiring a process to
12	annually identify electronic library resources for
13	specified core categories; providing requirements for
14	statewide, postsecondary, 4-year degree, and 2-year degree
15	core resources; amending s. 1009.22, F.S.; requiring
16	students in workforce education programs to be classified
17	as residents or nonresidents for tuition purposes;
18	authorizing, rather than requiring, the State Board of
19	Education to adopt rules for use by district school boards
20	and community college boards of trustees in the
21	calculation of workforce education costs borne by
22	students; amending s. 1009.24, F.S.; authorizing certain
23	calculations for expenditures for need-based financial
24	aid; providing that a student who is awarded a prepaid
25	postsecondary tuition scholarship is exempt from payment
26	of the tuition differential while the scholarship is in
27	effect; requiring certain reporting; amending ss.
28	1009.534, 1009.535, and 1009.536, F.S.; providing that the
29	award amount for a Florida Academic Scholar, Florida
30	Medallion Scholar, and Florida Gold Seal Vocational
31	Scholar shall be specified in the General Appropriations
32	Act for the 2010-2011 academic year; amending s. 1009.984,
33	F.S.; providing that a student who is awarded a prepaid
34	postsecondary tuition scholarship is exempt from payment
35	of the tuition differential while the scholarship is in
36	effect; amending s. 1010.87, F.S.; providing that certain
37	funds transferred to the Workers' Compensation
38	Administration Trust Fund in the Department of Education
39	shall revert to the Workers' Compensation Administration
40	Trust Fund in the Department of Financial Services;
41	amending s. 1011.32, F.S.; revising the date for
42	transmittal to the Legislature of information relating to
43	the Community College Facility Enhancement Challenge Grant
44	Program; amending s. 1011.80, F.S.; requiring students in
45	workforce education programs to be classified as residents
46	or nonresidents for tuition purposes; amending s. 1011.83,
47	F.S.; deleting certain provisions relating to funds
48	appropriated for baccalaureate degree programs conducted
49	by community colleges; amending s. 1011.84, F.S.;
50	requiring the Department of Education to estimate certain
51	community college enrollments separately; reducing the
52	number of fiscal years to be covered in each annual
53	estimation; requiring a community college that grants
54	baccalaureate degrees to report certain expenditures
55	separately; amending s. 1013.79, F.S.; revising the date
56	for transmittal to the Legislature of information relating
57	to the University Facility Enhancement Challenge Grant
58	Program; repealing s. 1009.5385, F.S., relating to the use
59	of certain scholarship funds by children of deceased or
60	disabled veterans; providing an effective date.
61
62	Be It Enacted by the Legislature of the State of Florida:
63
64	Section 1.  Section 295.02, Florida Statutes, is amended to
65	read:
66	295.02  Use of funds; age, etc.-
67	(1)  Sums appropriated and expended to carry out the
68	provisions of s. 295.01(1) may shall be used to pay tuition and
69	registration fees, board, and room rent and to buy books and
70	supplies for the children of deceased or disabled veterans or
71	servicemembers, as defined and limited in s. 295.01, s. 295.016,
72	s. 295.017, s. 295.018, s. 295.0185, s. 295.019, or s. 295.0195,
73	or of parents classified as prisoners of war or missing in
74	action, as defined and limited in s. 295.015, who are between
75	the ages of 16 and 22 years and who are in attendance at an
76	eligible postsecondary education a state-supported institution
77	as defined in s. 295.04 of higher learning, including a
78	community college or career center. Any child having entered
79	upon a course of training or education under the provisions of
80	this chapter, consisting of a course of not more than 4 years,
81	and arriving at the age of 22 years before the completion of
82	such course may continue the course and receive all benefits of
83	the provisions of this chapter until the course is completed.
84	(2)  Sums appropriated and expended to carry out the
85	provisions of s. 295.01(2) may shall be used to pay tuition and
86	registration fees, board, and room rent and to buy books and
87	supplies for the spouses of deceased or disabled veterans or
88	servicemembers, as defined and limited in s. 295.01, who are
89	enrolled at an eligible postsecondary education a state-
90	supported institution as defined in s. 295.04 of higher
91	learning, including a community college or career center.
92	(3)  Notwithstanding the benefits-disbursement provision in
93	s. 295.04, such funds shall be applicable for up to 110 percent
94	of the number of required credit hours of an initial
95	baccalaureate degree or certificate program for which the
96	student spouse is enrolled.
97	(4)(3)  The Department of Education shall administer this
98	educational program subject to regulations of the department.
99	Section 2.  Section 295.04, Florida Statutes, is amended to
100	read:
101	295.04  Appropriation; benefits.-
102	(1)  The sum necessary for the purposes of this chapter
103	shall be appropriated in the General Appropriations Act for each
104	fiscal year, provided that no student shall receive an amount in
105	excess of tuition and registration fees.
106	(2)  As used in this section, an "eligible postsecondary
107	education institution" means an institution described in s.
108	1009.533.
109	(3)(a)  A student who is enrolled in a public eligible
110	postsecondary education institution is eligible for an award
111	equal to the amount required to pay tuition and registration
112	fees or the amount specified in the General Appropriations Act.
113	(b)  A student enrolled in a nonpublic eligible
114	postsecondary education institution is eligible for an award
115	equal to the amount that would be required to pay for the
116	average tuition and registration fees of a public postsecondary
117	education institution at the comparable level or the amount
118	specified in the General Appropriations Act.
119	(4)  Only students in good standing in their respective
120	institutions shall receive the benefits under this section
121	thereof, and no student shall receive such benefits for more
122	than 12 quarters, 8 semesters, or 8 trimesters.
123	Section 3.  Section 1006.72, Florida Statutes, is created
124	to read:
125	1006.72  Licensing electronic library resources.-
126	(1)  FINDINGS.-The Legislature finds that the most cost
127	efficient and effective means of licensing electronic library
128	resources requires that Florida colleges and state universities
129	collaborate with school districts and public libraries in the
130	identification and acquisition of such resources needed by more
131	than one sector.
132	(2)  PROCESS TO IDENTIFY RESOURCES.-Library staff from
133	Florida colleges, state universities, school districts, and
134	public libraries shall implement a process that annually
135	identifies the electronic library resources for each of the core
136	categories established in this section. To the extent possible,
137	the Florida Electronic Library, the Florida Center for Library
138	Automation, and the College Center for Library Automation shall
139	jointly coordinate this annual process.
140	(3)  STATEWIDE CORE RESOURCES.-For purposes of the Florida
141	Electronic Library's licensing of electronic library resources
142	with funds allocated by the Federal Government, library
143	representatives from public libraries, school districts, Florida
144	colleges, and state universities shall identify the statewide
145	core resources that will be available to all students, teachers,
146	and citizens of the state.
147	(4)  POSTSECONDARY EDUCATION CORE RESOURCES.-For purposes
148	of the licensing of electronic library resources required by
149	both the Florida Center for Library Automation and the College
150	Center for Library Automation from funds appropriated to the
151	centers, Florida college and state university library staff
152	shall identify the postsecondary education core resources that
153	will be available to all postsecondary education students.
154	(5)  FOUR-YEAR DEGREE CORE RESOURCES.-For purposes of the
155	licensing of electronic library resources beyond the
156	postsecondary education core resources by the Florida Center for
157	Library Automation from funds appropriated to the center, state
158	university library staff, in consultation with Florida college
159	library staff, shall identify the 4-year degree core resources
160	that will be available to all 4-year degree seeking students in
161	the State University System and the Florida College System. The
162	Florida Center for Library Automation shall include in the
163	negotiated pricing model any Florida college interested in
164	licensing a resource.
165	(6)  TWO-YEAR DEGREE CORE RESOURCES.-For purposes of the
166	licensing of electronic library resources beyond the
167	postsecondary education core resources by the College Center for
168	Library Automation from funds appropriated to the center,
169	Florida college library staff shall identify the 2-year degree
170	core resources that will be available to all Florida college
171	students. The College Center for Library Automation shall
172	include in the negotiated pricing model any state university
173	interested in licensing a resource.
174	Section 4.  Subsection (1), paragraph (g) of subsection
175	(3), and subsection (11) of section 1009.22, Florida Statutes,
176	are amended to read:
177	1009.22  Workforce education postsecondary student fees.-
178	(1)(a)  This section applies to students enrolled in
179	workforce education programs who are reported for funding,
180	except that college credit fees for the community colleges are
181	governed by s. 1009.23.
182	(b)  Students shall be classified by school districts and
183	community colleges as residents or nonresidents for the purpose
184	of assessing tuition in workforce education programs. Resident
185	status shall be determined in the same manner as resident status
186	for tuition purposes pursuant to s. 1009.21.
187	(3)
188	(g)  The State Board of Education may shall adopt, by rule,
189	the definitions and procedures that district school boards and
190	community college boards of trustees shall use in the
191	calculation of cost borne by students.
192	(11)  Any school district or community college that reports
193	students who have not paid fees in an approved manner in
194	calculations of full-time equivalent enrollments for state
195	funding purposes shall be penalized at a rate equal to 2 times
196	the value of such enrollments. Such penalty shall be charged
197	against the following year's allocation from workforce education
198	funds or the Community College Program Fund and shall revert to
199	the General Revenue Fund. The State Board of Education shall
200	specify, as necessary in rule, approved methods of student fee
201	payment. Such methods must include, but need not be limited to,
202	student fee payment; payment through federal, state, or
203	institutional financial aid; and employer fee payments.
204	Section 5.  Paragraphs (a), (b), and (e) of subsection (16)
205	of section 1009.24, Florida Statutes, are amended to read:
206	1009.24  State university student fees.-
207	(16)  Each university board of trustees may establish a
208	tuition differential for undergraduate courses upon receipt of
209	approval from the Board of Governors. The tuition differential
210	shall promote improvements in the quality of undergraduate
211	education and shall provide financial aid to undergraduate
212	students who exhibit financial need.
213	(a)  Seventy percent of the revenues from the tuition
214	differential shall be expended for purposes of undergraduate
215	education. Such expenditures may include, but are not limited
216	to, increasing course offerings, improving graduation rates,
217	increasing the percentage of undergraduate students who are
218	taught by faculty, decreasing student-faculty ratios, providing
219	salary increases for faculty who have a history of excellent
220	teaching in undergraduate courses, improving the efficiency of
221	the delivery of undergraduate education through academic
222	advisement and counseling, and reducing the percentage of
223	students who graduate with excess hours. This expenditure for
224	undergraduate education may not be used to pay the salaries of
225	graduate teaching assistants. Except as otherwise provided in
226	this subsection, the remaining 30 percent of the revenues from
227	the tuition differential, or the equivalent amount of revenue
228	from private sources, shall be expended to provide financial aid
229	to undergraduate students who exhibit financial need to meet the
230	cost of university attendance. This expenditure for need-based
231	financial aid shall not supplant the amount of need-based aid
232	provided to undergraduate students in the preceding fiscal year
233	from financial aid fee revenues, the direct appropriation for
234	financial assistance provided to state universities in the
235	General Appropriations Act, or from private sources. The total
236	amount of tuition differential exempted under subparagraph (b)7.
237	and the total amount of tuition differential waived under
238	subparagraph (b)9. may be included in calculating the
239	expenditures for need-based financial aid to undergraduate
240	students required by this subsection.
241	(b)  Each tuition differential is subject to the following
242	conditions:
243	1.  The tuition differential may be assessed on one or more
244	undergraduate courses or on all undergraduate courses at a state
245	university.
246	2.  The tuition differential may vary by course or courses,
247	campus or center location, and by institution. Each university
248	board of trustees shall strive to maintain and increase
249	enrollment in degree programs related to math, science, high
250	technology, and other state or regional high-need fields when
251	establishing tuition differentials by course.
252	3.  For each state university that has total research and
253	development expenditures for all fields of at least $100 million
254	per year as reported annually to the National Science
255	Foundation, the aggregate sum of tuition and the tuition
256	differential may not be increased by more than 15 percent of the
257	total charged for the aggregate sum of these fees in the
258	preceding fiscal year. For each state university that has total
259	research and development expenditures for all fields of less
260	than $100 million per year as reported annually to the National
261	Science Foundation, the aggregate sum of tuition and the tuition
262	differential may not be increased by more than 15 percent of the
263	total charged for the aggregate sum of these fees in the
264	preceding fiscal year.
265	4.  The aggregate sum of undergraduate tuition and fees per
266	credit hour, including the tuition differential, may not exceed
267	the national average of undergraduate tuition and fees at 4-year
268	degree-granting public postsecondary educational institutions.
269	5.  The tuition differential may not be calculated as a
270	part of the scholarship programs established in ss. 1009.53-
271	1009.538.
272	6.  Beneficiaries having prepaid tuition contracts pursuant
273	to s. 1009.98(2)(b) which were in effect on July 1, 2007, and
274	which remain in effect, are exempt from the payment of the
275	tuition differential.
276	7.  A student who is awarded a prepaid postsecondary
277	tuition scholarship pursuant to s. 1009.984 is exempt from the
278	payment of the tuition differential while the scholarship
279	remains in effect.
280	8.7.  The tuition differential may not be charged to any
281	student who was in attendance at the university before July 1,
282	2007, and who maintains continuous enrollment.
283	9.8.  The tuition differential may be waived by the
284	university for students who meet the eligibility requirements
285	for the Florida public student assistance grant established in
286	s. 1009.50.
287	10.9.  Subject to approval by the Board of Governors, the
288	tuition differential authorized pursuant to this subsection may
289	take effect with the 2009 fall term.
290	(e)  The Board of Governors shall submit a report to the
291	President of the Senate, the Speaker of the House of
292	Representatives, and the Governor describing the implementation
293	of the provisions of this subsection no later than January 1,
294	2010, and no later than January 1 each year thereafter. The
295	report shall summarize proposals received by the board during
296	the preceding fiscal year and actions taken by the board in
297	response to such proposals. In addition, the report shall
298	provide the following information for each university that has
299	been approved by the board to assess a tuition differential:
300	1.  The course or courses for which the tuition
301	differential was assessed and the amount assessed.
302	2.  The total revenues generated by the tuition
303	differential.
304	3.  With respect to waivers authorized under subparagraph
305	(b)9.8., the number of students eligible for a waiver, the
306	number of students receiving a waiver, and the value of waivers
307	provided.
308	4.  Detailed expenditures of the revenues generated by the
309	tuition differential.
310	5.  Changes in retention rates, graduation rates, the
311	percentage of students graduating with more than 110 percent of
312	the hours required for graduation, pass rates on licensure
313	examinations, the number of undergraduate course offerings, the
314	percentage of undergraduate students who are taught by faculty,
315	student-faculty ratios, and the average salaries of faculty who
316	teach undergraduate courses.
317	6.  With respect to the exemption provided under
318	subparagraph (b)7., the number of students eligible for the
319	exemption and the value of the exemptions provided.
320	Section 6.  Subsection (5) of section 1009.534, Florida
321	Statutes, is amended to read:
322	1009.534  Florida Academic Scholars award.-
323	(5)  Notwithstanding subsections (2) and (4), a Florida
324	Academic Scholar is eligible for an award equal to the amount
325	specified in the General Appropriations Act for the 2010-2011
326	2009-2010 academic year. This subsection expires July 1, 2011
327	2010.
328	Section 7.  Subsection (4) of section 1009.535, Florida
329	Statutes, is amended to read:
330	1009.535  Florida Medallion Scholars award.-
331	(4)  Notwithstanding subsection (2), a Florida Medallion
332	Scholar is eligible for an award equal to the amount specified
333	in the General Appropriations Act for the 2010-2011 2009-2010
334	academic year. This subsection expires July 1, 2011 2010.
335	Section 8.  Subsection (5) of section 1009.536, Florida
336	Statutes, is amended to read:
337	1009.536  Florida Gold Seal Vocational Scholars award.-The
338	Florida Gold Seal Vocational Scholars award is created within
339	the Florida Bright Futures Scholarship Program to recognize and
340	reward academic achievement and career preparation by high
341	school students who wish to continue their education.
342	(5)  Notwithstanding subsection (2), a Florida Gold Seal
343	Vocational Scholar is eligible for an award equal to the amount
344	specified in the General Appropriations Act for the 2010-2011
345	2009-2010 academic year. This subsection expires July 1, 2011
346	2010.
347	Section 9.  Section 1009.984, Florida Statutes, is amended
348	to read:
349	1009.984  Florida Prepaid Tuition Scholarship Program.-The
350	Florida Prepaid Tuition Scholarship Program is established to
351	provide economically disadvantaged youth with prepaid
352	postsecondary tuition scholarships. A student who is awarded a
353	prepaid postsecondary tuition scholarship under this section is
354	exempt from the payment of the tuition differential assessed
355	pursuant to s. 1009.24(16) while the scholarship remains in
356	effect. The direct-support organization established pursuant to
357	s. 1009.983 shall administer the program with the assistance and
358	cooperation of the Department of Education to:
359	(1)  Provide an incentive for economically disadvantaged
360	youth to improve school attendance and academic performance in
361	order to graduate and pursue a postsecondary education.
362	(2)  Obtain the commitment and involvement of private
363	sector entities by virtue of funding matches with a ratio of 50
364	percent provided by the private sector and 50 percent provided
365	by the state.
366	(3)  Purchase prepaid tuition scholarships for students
367	certified by the Department of Education to the direct-support
368	organization who meet minimum economic and school requirements
369	and remain drug free and crime free.
370	(a)  For the purpose of this subsection, "drug free" means
371	not being convicted of, or adjudicated delinquent for, any
372	violation of chapter 893 after being designated a recipient of a
373	Florida prepaid tuition scholarship.
374	(b)  For the purpose of this subsection, "crime free" means
375	not being convicted of, or adjudicated delinquent for, any
376	felony or first degree misdemeanor as defined in ss. 775.08 and
377	775.081 after being designated a recipient of a Florida prepaid
378	tuition scholarship.
379	Section 10.  Subsection (2) of section 1010.87, Florida
380	Statutes, is amended to read:
381	1010.87  Workers' Compensation Administration Trust Fund
382	within the Department of Education.-
383	(2)  Funds appropriated by nonoperating transfer from the
384	Workers' Compensation Administration Trust Fund in the
385	Department of Financial Services that remain unencumbered as of
386	June 30 or undisbursed as of September 30 shall revert to the
387	Workers' Compensation Administration Trust Fund in the
388	Department of Financial Services. Notwithstanding the provisions
389	of s. 216.301 and pursuant to s. 216.351, any balance in the
390	trust fund at the end of any fiscal year shall remain in the
391	trust fund at the end of the year and shall be available for
392	carrying out the purposes of the trust fund.
393	Section 11.  Subsection (8) of section 1011.32, Florida
394	Statutes, is amended to read:
395	1011.32  Community College Facility Enhancement Challenge
396	Grant Program.-
397	(8)  By October 15 September 1 of each year, the State
398	Board of Education shall transmit to the Legislature a list of
399	projects which meet all eligibility requirements to participate
400	in the Community College Facility Enhancement Challenge Grant
401	Program and a budget request which includes the recommended
402	schedule necessary to complete each project.
403	Section 12.  Subsection (5) of section 1011.80, Florida
404	Statutes, is amended to read:
405	1011.80  Funds for operation of workforce education
406	programs.-
407	(5)  State funding and student fees for workforce education
408	instruction shall be established as follows:
409	(a)  For a continuing workforce education course, state
410	funding shall equal 50 percent of the cost of instruction, with
411	student fees, business support, quick-response training funds,
412	or other means making up the remaining 50 percent.
413	(b)  For all other workforce education programs, state
414	funding shall equal 75 percent of the average cost of
415	instruction with the remaining 25 percent made up from student
416	fees. Fees for courses within a program shall not vary according
417	to the cost of the individual program, but instead shall be
418	based on a uniform fee calculated and set at the state level, as
419	adopted by the State Board of Education, unless otherwise
420	specified in the General Appropriations Act.
421	(c)  For fee-exempt students pursuant to s. 1009.25, unless
422	otherwise provided for in law, state funding shall equal 100
423	percent of the average cost of instruction.
424	(d)  For a public educational institution that has been
425	fully funded by an external agency for direct instructional
426	costs of any course or program, the FTE generated shall not be
427	reported for state funding.
428
429	Students shall be classified by school districts and community
430	colleges as residents or nonresidents for the purpose of
431	assessing tuition in workforce education programs. Resident
432	status shall be determined in the same manner as resident status
433	for tuition purposes pursuant to s. 1009.21.
434	Section 13.  Section 1011.83, Florida Statutes, is amended
435	to read:
436	1011.83  Financial support of community colleges.-
437	(1)  Each community college that has been approved by the
438	Department of Education and meets the requirements of law and
439	rules of the State Board of Education shall participate in the
440	Community College Program Fund. However, funds to support
441	workforce education programs conducted by community colleges
442	shall be provided pursuant to s. 1011.80.
443	(2)  Funding for baccalaureate degree programs approved
444	pursuant to s. 1007.33 shall be specified in the General
445	Appropriations Act. A student in a baccalaureate degree program
446	approved pursuant to s. 1007.33 who is not classified as a
447	resident for tuition purposes pursuant to s. 1009.21 may not be
448	included in calculations of full-time equivalent enrollments for
449	state funding purposes.
450	(3)  Funds specifically appropriated by the Legislature for
451	baccalaureate degree programs approved pursuant to s. 1007.33
452	may be used only for such programs. A community college shall
453	fund the nonrecurring costs related to the initiation of a new
454	baccalaureate degree program under s. 1007.33 without new state
455	appropriations unless special grant funds are appropriated in
456	the General Appropriations Act. A new baccalaureate degree
457	program may not accept students without a recurring legislative
458	appropriation for this purpose.
459	(4)  State funding for baccalaureate degree programs
460	approved pursuant to s. 1007.33 shall be as provided in the
461	General Appropriations Act.
462	(5)  A community college that grants baccalaureate degrees
463	shall maintain reporting and funding distinctions between any
464	baccalaureate degree program approved under s. 1007.33 and any
465	other baccalaureate degree programs involving traditional
466	concurrent-use partnerships.
467	Section 14.  Paragraph (a) of subsection (3) of section
468	1011.84, Florida Statutes, is amended, and paragraph (g) is
469	added to that subsection, to read:
470	1011.84  Procedure for determining state financial support
471	and annual apportionment of state funds to each community
472	college district.-The procedure for determining state financial
473	support and the annual apportionment to each community college
474	district authorized to operate a community college under the
475	provisions of s. 1001.61 shall be as follows:
476	(3)  DETERMINING THE APPORTIONMENT FROM STATE FUNDS.-
477	(a)  By December 15 of each year, the Department of
478	Education shall estimate the annual enrollment of each community
479	college for the current fiscal year and for the 3 6 subsequent
480	fiscal years. These estimates shall be based upon prior years'
481	enrollments, upon the initial fall term enrollments for the
482	current fiscal year for each college, and upon each college's
483	estimated current enrollment and demographic changes in the
484	respective community college districts. Upper-division
485	enrollment shall be estimated separately from lower-division
486	enrollment.
487	(g)  Expenditures for upper-division enrollment in a
488	community college that grants baccalaureate degrees shall be
489	reported separately from expenditures for lower-division
490	enrollment, in accordance with law and State Board of Education
491	rule.
492	Section 15.  Subsection (8) of section 1013.79, Florida
493	Statutes, is amended to read:
494	1013.79  University Facility Enhancement Challenge Grant
495	Program.-
496	(8)  By October 15 1 of each year, the Board of Governors
497	shall transmit to the Legislature a list of projects that meet
498	all eligibility requirements to participate in the Alec P.
499	Courtelis University Facility Enhancement Challenge Grant
500	Program and a budget request that includes the recommended
501	schedule necessary to complete each project.
502	Section 16.  Section 1009.5385, Florida Statutes, is
503	repealed.
504	Section 17.  This act shall take effect July 1, 2010.

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