| 1 | A bill to be entitled |
| 2 | An act relating to postsecondary education funding; |
| 3 | amending s. 1004.091, F.S.; revising duties of the Florida |
| 4 | Distance Learning Consortium; requiring the consortium to |
| 5 | work with the Florida College System and the State |
| 6 | University System in implementing the transient student |
| 7 | admissions application process; revising requirements for |
| 8 | a central instructional content repository and use of open |
| 9 | access textbooks; amending s. 1006.72, F.S.; requiring an |
| 10 | annual report relating to the licensing of electronic |
| 11 | library resources; amending s. 1007.28, F.S.; requiring |
| 12 | the computer-assisted student advising system to provide |
| 13 | the admissions application for transient students; |
| 14 | amending s. 1009.22, F.S.; requiring a block tuition |
| 15 | charge for students enrolled in adult general education |
| 16 | programs; providing residency requirements for workforce |
| 17 | education postsecondary students; authorizing district |
| 18 | school boards and Florida College System institution |
| 19 | boards of trustees to acquire improved real property for |
| 20 | use as educational facilities through the use of capital |
| 21 | improvement fee revenues; authorizing a convenience fee |
| 22 | for processing certain payments of tuition and fees; |
| 23 | authorizing the use of certain fees for general education |
| 24 | services; amending s. 1009.23, F.S.; conforming a cross- |
| 25 | reference; authorizing Florida College System institution |
| 26 | boards of trustees to acquire improved real property for |
| 27 | use as educational facilities through the use of capital |
| 28 | improvement fee revenues; authorizing certain Florida |
| 29 | College System institutions to establish a transient |
| 30 | student fee; authorizing the use of certain fees for |
| 31 | general education services; amending s. 1009.24, F.S.; |
| 32 | authorizing state universities to establish a transient |
| 33 | student fee; revising requirements for expenditure of the |
| 34 | tuition differential; authorizing the use of certain fees |
| 35 | for general education services; amending s. 1009.25, F.S.; |
| 36 | deleting the exemption from payment of tuition and fees |
| 37 | for certain students; amending s. 1009.286, F.S.; revising |
| 38 | the excess credit hour surcharge for students at state |
| 39 | universities; amending s. 1009.531, F.S.; increasing the |
| 40 | test score eligibility requirement for the Florida Bright |
| 41 | Futures Scholarship Program; providing an additional |
| 42 | eligibility requirement; amending s. 1009.532, F.S.; |
| 43 | reducing the Florida Bright Futures Scholarship award by |
| 44 | the amount of acceleration credits earned; amending s. |
| 45 | 1009.534, F.S.; increasing the community service |
| 46 | requirement for receipt of a Florida Academic Scholars |
| 47 | award; amending s. 1009.535, F.S.; providing a community |
| 48 | service requirement for receipt of a Florida Medallion |
| 49 | Scholars award; amending s. 1009.536, F.S.; providing a |
| 50 | community service requirement for receipt of a Florida |
| 51 | Gold Seal Vocational Scholars award; amending s. 1009.89, |
| 52 | F.S.; revising eligibility requirements and funding for |
| 53 | the William L. Boyd, IV, Florida Resident Access Grant |
| 54 | Program; amending s. 1009.891, F.S.; revising eligibility |
| 55 | requirements for the Access to Better Learning and |
| 56 | Education Grant Program; amending s. 1011.80, F.S.; |
| 57 | revising provisions relating to funding for workforce |
| 58 | education programs; providing for allocation based on |
| 59 | funding needs; restricting certain funding; amending s. |
| 60 | 1011.85, F.S.; providing that certain funds are not |
| 61 | eligible for state match under the Dr. Philip Benjamin |
| 62 | Matching Grant Program; amending s. 1012.885, F.S.; |
| 63 | providing a limitation on the amount of remuneration of |
| 64 | Florida College System institution presidents for fiscal |
| 65 | year 2011-2012; creating s. 1012.886, F.S.; limiting the |
| 66 | remuneration of Florida College System institution |
| 67 | administrative employees; providing exceptions; amending |
| 68 | s. 1012.975, F.S.; providing a limitation on the amount of |
| 69 | remuneration of state university presidents for fiscal |
| 70 | year 2011-2012; creating s. 1012.976, F.S.; limiting the |
| 71 | remuneration of state university administrative employees; |
| 72 | providing exceptions; amending s. 1013.33, F.S.; |
| 73 | conforming provisions; repealing s. 1013.63, F.S., which |
| 74 | creates the University Concurrency Trust Fund; requiring |
| 75 | the Department of Education to work with the College |
| 76 | Center for Library Automation (CCLA) to transfer certain |
| 77 | data; requiring the Florida Center for Library Automation |
| 78 | (FCLA) and the CCLA to develop a plan for establishing a |
| 79 | single postsecondary education union catalog; requiring |
| 80 | the Task Force on the Future of Academic Libraries in |
| 81 | Florida to develop a plan that describes the establishment |
| 82 | of a joint library technology organizational structure to |
| 83 | meet postsecondary education library needs; requiring the |
| 84 | submission of both plans to the Governor and Legislature |
| 85 | by specified dates; providing an effective date. |
| 86 |
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| 87 | Be It Enacted by the Legislature of the State of Florida: |
| 88 |
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| 89 | Section 1. Subsection (2) of section 1004.091, Florida |
| 90 | Statutes, is amended to read: |
| 91 | 1004.091 Florida Distance Learning Consortium.- |
| 92 | (2) The Florida Distance Learning Consortium shall: |
| 93 | (a) Manage and promote the Florida Higher Education |
| 94 | Distance Learning Catalog, established pursuant to s. 1004.09, |
| 95 | to help increase student access to undergraduate distance |
| 96 | learning courses and degree programs and to assist students |
| 97 | seeking accelerated access in order to complete their degrees. |
| 98 | (b) Beginning with the 2011-2012 academic year, implement |
| 99 | Develop, in consultation with the Florida College System and the |
| 100 | State University System, a plan to be submitted to the Board of |
| 101 | Governors, the State Board of Education, the Governor, the |
| 102 | President of the Senate, and the Speaker of the House of |
| 103 | Representatives no later than December 1, 2010, for implementing |
| 104 | a streamlined, automated, online registration process for |
| 105 | transient students who are undergraduate students currently |
| 106 | enrolled and pursuing a degree at who have been admitted to a |
| 107 | public postsecondary educational institution and who want wish |
| 108 | to enroll in a course listed in the Florida Higher Education |
| 109 | Distance Learning Catalog which is offered by a public |
| 110 | postsecondary educational institution, including courses offered |
| 111 | by an institution that is not the student's degree-granting or |
| 112 | home institution. The consortium shall work with the Florida |
| 113 | College System and the State University System to implement this |
| 114 | process, which requires all Florida College System institutions |
| 115 | and state universities to The plan must describe how such a |
| 116 | registration process can be implemented by the 2011-2012 |
| 117 | academic year as an alternative to the standard registration |
| 118 | process of each institution. The plan must also address: |
| 119 | 1. Use the transient student admissions application |
| 120 | available through the Florida Academic Counseling and Tracking |
| 121 | for Students system established pursuant to s. 1007.28. This |
| 122 | admissions application shall be the only application required |
| 123 | for the enrollment of a transient student as described in this |
| 124 | paragraph. Fiscal and substantive policy changes needed to |
| 125 | address administrative, academic, and programmatic policies and |
| 126 | procedures. Policy areas that the plan must address include, but |
| 127 | need not be limited to, student financial aid issues, variations |
| 128 | in fees, admission and readmission, registration-prioritization |
| 129 | issues, transfer of credit, and graduation requirements, with |
| 130 | specific attention given to creating recommended guidelines that |
| 131 | address students who attend more than one institution in pursuit |
| 132 | of a degree. |
| 133 | 2. Implement the financial aid procedures required by the |
| 134 | transient student admissions application, in accordance with |
| 135 | published specifications, which must include the involvement of |
| 136 | the appropriate staff from the Florida College System |
| 137 | institutions and state universities, including, but not limited |
| 138 | to, financial aid officers. A method for the expedited transfer |
| 139 | of distance learning course credit awarded by an institution |
| 140 | offering a distance learning course to a student's degree- |
| 141 | granting or home institution upon the student's successful |
| 142 | completion of the distance learning course. |
| 143 | 3. Transfer credit awarded by the institution offering the |
| 144 | distance learning course to the transient student's degree- |
| 145 | granting institution. Compliance with applicable technology |
| 146 | security standards and guidelines to ensure the secure |
| 147 | transmission of student information. |
| 148 | 4. No later than July 1, 2012, interface their |
| 149 | institutional systems to the Florida Academic Counseling and |
| 150 | Tracking for Students system to electronically send, receive, |
| 151 | and process transient student admissions applications. |
| 152 | (c) Coordinate the negotiation of statewide licensing and |
| 153 | preferred pricing agreements for distance learning resources and |
| 154 | enter into agreements that result in cost savings with distance |
| 155 | learning resource providers so that postsecondary educational |
| 156 | institutions have the opportunity to benefit from the cost |
| 157 | savings. |
| 158 | (d)1. Develop and operate a central instructional content |
| 159 | repository that allows public school and public postsecondary |
| 160 | educational institution users faculty to search, locate, and |
| 161 | use, and contribute digital and electronic instructional |
| 162 | resources and content, including open access textbooks. In the |
| 163 | development of the a repository, the consortium shall identify |
| 164 | and seek partnerships with similar national, state, and regional |
| 165 | repositories for the purpose of sharing instructional content. |
| 166 | The consortium shall collaborate with the public postsecondary |
| 167 | educational institutions to ensure that the repository: |
| 168 | a. Is accessible by the Integrates with multiple learning |
| 169 | management systems used by the public postsecondary educational |
| 170 | institutions and the local instructional improvement systems |
| 171 | established pursuant to s. 1006.281. |
| 172 | b. Allows institutions to set appropriate copyright and |
| 173 | access restrictions and track content usage. |
| 174 | c. Allows for appropriate customization. |
| 175 | d. Supports established protocols to access instructional |
| 176 | content within other repositories. |
| 177 | 2. Provide to Develop, in consultation with the |
| 178 | chancellors of the Florida College System and the State |
| 179 | University System recommendations, a plan for promoting and |
| 180 | increasing the use of open access textbooks as a method for |
| 181 | reducing textbook costs. The recommendations plan shall be |
| 182 | submitted to the Board of Governors, the State Board of |
| 183 | Education, the Office of Policy and Budget in the Executive |
| 184 | Office of the Governor, the chair of the Senate Policy and |
| 185 | Steering Committee on Ways and Means, and the chair of the House |
| 186 | Full Appropriations Council on Education & Economic Development |
| 187 | no later than March 1, 2010, and shall include: |
| 188 | a. An inventory of existing open access textbooks. |
| 189 | a.b. The A listing of undergraduate courses, in particular |
| 190 | the general education courses, that would be recommended for the |
| 191 | use of open access textbooks. |
| 192 | b.c. A standardized process for the review and approval of |
| 193 | open access textbooks. |
| 194 | d. Recommendations for encouraging and promoting faculty |
| 195 | development and use of open access textbooks. |
| 196 | e. Identification of barriers to the implementation of |
| 197 | open access textbooks. |
| 198 | c.f. Strategies for the production and distribution of |
| 199 | open access textbooks to ensure such textbooks may be easily |
| 200 | accessed, downloaded, printed, or obtained as a bound version by |
| 201 | students at either reduced or no cost. |
| 202 | g. Identification of the necessary technology security |
| 203 | standards and guidelines to safeguard the use of open access |
| 204 | textbooks. |
| 205 | (e) Identify and evaluate new technologies and |
| 206 | instructional methods that can be used for improving distance |
| 207 | learning instruction, student learning, and the overall quality |
| 208 | of undergraduate distance learning courses and degree programs. |
| 209 | (f) Identify methods that will improve student access to |
| 210 | and completion of undergraduate distance learning courses and |
| 211 | degree programs. |
| 212 | Section 2. Subsection (7) is added to section 1006.72, |
| 213 | Florida Statutes, to read: |
| 214 | 1006.72 Licensing electronic library resources.- |
| 215 | (7) REPORT.-The chancellors of the Florida College System |
| 216 | and the State University System shall annually report to the |
| 217 | Executive Office of the Governor and the chairs of the |
| 218 | appropriations committees in the Senate and the House of |
| 219 | Representatives the cost savings realized as a result of the |
| 220 | collaborative licensing process identified in this section. |
| 221 | Section 3. Subsection (5) is added to section 1007.28, |
| 222 | Florida Statutes, to read: |
| 223 | 1007.28 Computer-assisted student advising system.-The |
| 224 | Department of Education, in conjunction with the Board of |
| 225 | Governors, shall establish and maintain a single, statewide |
| 226 | computer-assisted student advising system, which must be an |
| 227 | integral part of the process of advising, registering, and |
| 228 | certifying students for graduation and must be accessible to all |
| 229 | Florida students. The state universities and community colleges |
| 230 | shall interface institutional systems with the computer-assisted |
| 231 | advising system required by this section. The State Board of |
| 232 | Education and the Board of Governors shall specify in the |
| 233 | statewide articulation agreement required by s. 1007.23(1) the |
| 234 | roles and responsibilities of the department, the state |
| 235 | universities, and the community colleges in the design, |
| 236 | implementation, promotion, development, and analysis of the |
| 237 | system. The system shall consist of a degree audit and an |
| 238 | articulation component that includes the following |
| 239 | characteristics: |
| 240 | (5) The system must provide the admissions application for |
| 241 | transient students who are undergraduate students currently |
| 242 | enrolled and pursuing a degree at a public postsecondary |
| 243 | educational institution and who want to enroll in a course |
| 244 | listed in the Florida Higher Education Distance Learning Catalog |
| 245 | which is offered by a public postsecondary educational |
| 246 | institution that is not the student's degree-granting |
| 247 | institution. This system must include the electronic transfer |
| 248 | and receipt of information and records for the following |
| 249 | functions: |
| 250 | (a) Admissions and readmissions. |
| 251 | (b) Financial aid. |
| 252 | (c) Transfer of credit awarded by the institution offering |
| 253 | the distance learning course to the transient student's degree- |
| 254 | granting institution. |
| 255 | Section 4. Subsection (2), paragraph (a) of subsection |
| 256 | (3), paragraph (a) of subsection (6), and subsection (10) of |
| 257 | section 1009.22, Florida Statutes, are amended, and subsection |
| 258 | (13) is added to that section, to read: |
| 259 | 1009.22 Workforce education postsecondary student fees.- |
| 260 | (2)(a) All students shall be charged fees except students |
| 261 | who are exempt from fees or students whose fees are waived. |
| 262 | (b) Students enrolled in adult general education programs |
| 263 | shall be charged a block tuition of $45 per half year or $30 per |
| 264 | term. Each district school board and Florida College System |
| 265 | institution board of trustees shall adopt policies and |
| 266 | procedures for the collection of and accounting for the |
| 267 | expenditure of the block tuition. All funds received from the |
| 268 | block tuition shall be used for adult general education programs |
| 269 | only. |
| 270 | (3)(a) Except as otherwise provided by law, fees for |
| 271 | students who are nonresidents for tuition purposes must offset |
| 272 | the full cost of instruction. Residency of students shall be |
| 273 | determined as required in s. 1009.21. Fee-nonexempt students |
| 274 | enrolled in vocational-preparatory instruction shall be charged |
| 275 | fees equal to the fees charged for certificate career education |
| 276 | instruction. Each community college that conducts college- |
| 277 | preparatory and vocational-preparatory instruction in the same |
| 278 | class section may charge a single fee for both types of |
| 279 | instruction. |
| 280 | (6)(a) Each district school board and community college |
| 281 | board of trustees may establish a separate fee for capital |
| 282 | improvements, technology enhancements, or equipping buildings, |
| 283 | or the acquisition of improved real property which may not |
| 284 | exceed 5 percent of tuition for resident students or 5 percent |
| 285 | of tuition and out-of-state fees for nonresident students. Funds |
| 286 | collected by community colleges through the fee may be bonded |
| 287 | only for the purpose of financing or refinancing new |
| 288 | construction and equipment, renovation, or remodeling of |
| 289 | educational facilities or the acquisition of improved real |
| 290 | property for use as educational facilities. The fee shall be |
| 291 | collected as a component part of the tuition and fees, paid into |
| 292 | a separate account, and expended only to acquire improved real |
| 293 | property or construct and equip, maintain, improve, or enhance |
| 294 | the certificate career education or adult education facilities |
| 295 | of the school district or the educational facilities of the |
| 296 | community college. Projects and acquisitions of improved real |
| 297 | property funded through the use of the capital improvement fee |
| 298 | must meet the survey and construction requirements of chapter |
| 299 | 1013. Pursuant to s. 216.0158, each district school board and |
| 300 | community college board of trustees shall identify each project, |
| 301 | including maintenance projects, proposed to be funded in whole |
| 302 | or in part by such fee. Capital improvement fee revenues may be |
| 303 | pledged by a board of trustees as a dedicated revenue source to |
| 304 | the repayment of debt, including lease-purchase agreements, with |
| 305 | an overall term of not more than 7 years, including renewals, |
| 306 | extensions, and refundings, and revenue bonds with a term not |
| 307 | exceeding 20 years and not exceeding the useful life of the |
| 308 | asset being financed, only for the new construction and |
| 309 | equipment, renovation, or remodeling of educational facilities. |
| 310 | Bonds authorized pursuant to this paragraph shall be requested |
| 311 | by the community college board of trustees and shall be issued |
| 312 | by the Division of Bond Finance in compliance with s. 11(d), |
| 313 | Art. VII of the State Constitution and the State Bond Act. The |
| 314 | Division of Bond Finance may pledge fees collected by one or |
| 315 | more community colleges to secure such bonds. Any project |
| 316 | included in the approved educational plant survey pursuant to |
| 317 | chapter 1013 is approved pursuant to s. 11(f), Art. VII of the |
| 318 | State Constitution. Bonds issued pursuant to the State Bond Act |
| 319 | may be validated in the manner provided by chapter 75. The |
| 320 | complaint for such validation shall be filed in the circuit |
| 321 | court of the county where the seat of state government is |
| 322 | situated, the notice required to be published by s. 75.06 shall |
| 323 | be published only in the county where the complaint is filed, |
| 324 | and the complaint and order of the circuit court shall be served |
| 325 | only on the state attorney of the circuit in which the action is |
| 326 | pending. A maximum of 15 cents per credit hour may be allocated |
| 327 | from the capital improvement fee for child care centers |
| 328 | conducted by the district school board or community college |
| 329 | board of trustees. The use of capital improvement fees for such |
| 330 | purpose shall be subordinate to the payment of any bonds secured |
| 331 | by the fees. |
| 332 | (10) Each school district and community college may assess |
| 333 | a service charge for the payment of tuition and fees in |
| 334 | installments and a convenience fee for the processing of |
| 335 | automated or online credit card payments. However, the amount of |
| 336 | the convenience fee for automated or online credit card payments |
| 337 | may not exceed the total cost charged by the credit card company |
| 338 | to the school district or Florida College System institution. |
| 339 | Such service charge or convenience fee must be approved by the |
| 340 | district school board or community college board of trustees. |
| 341 | (13) To offset funding reductions, district school boards |
| 342 | and Florida College System institutions may use up to 15 percent |
| 343 | of the total funds generated from the fee collections authorized |
| 344 | in subsection (5), paragraph (6)(a), and subsections (7) and (9) |
| 345 | for general education services in adult general and career |
| 346 | certificate programs for the 2011-2012 fiscal year. Fee revenues |
| 347 | pledged by a district school board or a Florida College System |
| 348 | institution board of trustees as a dedicated revenue source for |
| 349 | the repayment of debt, including lease-purchase agreements, may |
| 350 | not be used for other purposes. |
| 351 | Section 5. Paragraph (c) of subsection (8) and paragraph |
| 352 | (a) of subsection (11) of section 1009.23, Florida Statutes, are |
| 353 | amended, subsection (17) is renumbered as subsection (19), and |
| 354 | new subsections (17) and (18) are added to that section, to |
| 355 | read: |
| 356 | 1009.23 Community college student fees.- |
| 357 | (8) |
| 358 | (c) Up to 25 percent or $600,000, whichever is greater, of |
| 359 | the financial aid fees collected may be used to assist students |
| 360 | who demonstrate academic merit; who participate in athletics, |
| 361 | public service, cultural arts, and other extracurricular |
| 362 | programs as determined by the institution; or who are identified |
| 363 | as members of a targeted gender or ethnic minority population. |
| 364 | The financial aid fee revenues allocated for athletic |
| 365 | scholarships and any fee exemptions provided to athletes |
| 366 | pursuant to s. 1009.25(2)(3) must for athletes shall be |
| 367 | distributed equitably as required by s. 1000.05(3)(d). A minimum |
| 368 | of 75 percent of the balance of these funds for new awards shall |
| 369 | be used to provide financial aid based on absolute need, and the |
| 370 | remainder of the funds shall be used for academic merit purposes |
| 371 | and other purposes approved by the boards of trustees. Such |
| 372 | other purposes shall include the payment of child care fees for |
| 373 | students with financial need. The State Board of Education shall |
| 374 | develop criteria for making financial aid awards. Each college |
| 375 | shall report annually to the Department of Education on the |
| 376 | revenue collected pursuant to this paragraph, the amount carried |
| 377 | forward, the criteria used to make awards, the amount and number |
| 378 | of awards for each criterion, and a delineation of the |
| 379 | distribution of such awards. The report shall include an |
| 380 | assessment by category of the financial need of every student |
| 381 | who receives an award, regardless of the purpose for which the |
| 382 | award is received. Awards that which are based on financial need |
| 383 | shall be distributed in accordance with a nationally recognized |
| 384 | system of need analysis approved by the State Board of |
| 385 | Education. An award for academic merit requires shall require a |
| 386 | minimum overall grade point average of 3.0 on a 4.0 scale or the |
| 387 | equivalent for both initial receipt of the award and renewal of |
| 388 | the award. |
| 389 | (11)(a) Each community college board of trustees may |
| 390 | establish a separate fee for capital improvements, technology |
| 391 | enhancements, or equipping student buildings, or the acquisition |
| 392 | of improved real property which may not exceed 10 percent of |
| 393 | tuition for resident students or 10 percent of the sum of |
| 394 | tuition and out-of-state fees for nonresident students. The fee |
| 395 | for resident students shall be limited to an increase of $2 per |
| 396 | credit hour over the prior year. Funds collected by community |
| 397 | colleges through the fee may be bonded only as provided in this |
| 398 | subsection for the purpose of financing or refinancing new |
| 399 | construction and equipment, renovation, or remodeling of |
| 400 | educational facilities or the acquisition and renovation or |
| 401 | remodeling of improved real property for use as educational |
| 402 | facilities. The fee shall be collected as a component part of |
| 403 | the tuition and fees, paid into a separate account, and expended |
| 404 | only to acquire improved real property or construct and equip, |
| 405 | maintain, improve, or enhance the educational facilities of the |
| 406 | community college. Projects and acquisitions of improved real |
| 407 | property funded through the use of the capital improvement fee |
| 408 | shall meet the survey and construction requirements of chapter |
| 409 | 1013. Pursuant to s. 216.0158, each community college shall |
| 410 | identify each project, including maintenance projects, proposed |
| 411 | to be funded in whole or in part by such fee. |
| 412 | (17) Each Florida College System institution that accepts |
| 413 | transient students, pursuant to s. 1004.091, may establish a |
| 414 | transient student fee not to exceed $5 per distance learning |
| 415 | course for processing the transient student admissions |
| 416 | application. |
| 417 | (18) To offset funding reductions, Florida College System |
| 418 | institutions may use up to 15 percent of the total funds |
| 419 | generated from the fee collections authorized in subsection (7), |
| 420 | paragraph (8)(a), subsection (10), paragraph (11)(a), and |
| 421 | paragraph (12)(a) for general education services in associate |
| 422 | degree and career certificate programs for the 2011-2012 fiscal |
| 423 | year. Fee revenues pledged by a Florida College System |
| 424 | institution board of trustees as a dedicated revenue source for |
| 425 | the repayment of debt, including lease-purchase agreements, may |
| 426 | not be used for other purposes. |
| 427 | Section 6. Paragraph (t) is added to subsection (14) of |
| 428 | section 1009.24, Florida Statutes, paragraph (a) of subsection |
| 429 | (16) is amended, and subsection (20) is added to that section, |
| 430 | to read: |
| 431 | 1009.24 State university student fees.- |
| 432 | (14) Except as otherwise provided in subsection (15), each |
| 433 | university board of trustees is authorized to establish the |
| 434 | following fees: |
| 435 | (t) A transient student fee not to exceed $5 per distance |
| 436 | learning course for accepting a transient student and processing |
| 437 | the transient student admissions application pursuant to s. |
| 438 | 1004.091. |
| 439 |
|
| 440 | With the exception of housing rental rates and except as |
| 441 | otherwise provided, fees assessed pursuant to paragraphs (h)-(s) |
| 442 | shall be based on reasonable costs of services. The Board of |
| 443 | Governors shall adopt regulations and timetables necessary to |
| 444 | implement the fees and fines authorized under this subsection. |
| 445 | The fees assessed under this subsection may be used for debt |
| 446 | only as authorized under s. 1010.62. |
| 447 | (16) Each university board of trustees may establish a |
| 448 | tuition differential for undergraduate courses upon receipt of |
| 449 | approval from the Board of Governors. The tuition differential |
| 450 | shall promote improvements in the quality of undergraduate |
| 451 | education and shall provide financial aid to undergraduate |
| 452 | students who exhibit financial need. |
| 453 | (a) Seventy percent of the revenues from the tuition |
| 454 | differential shall be expended for purposes of undergraduate |
| 455 | education. Such expenditures may include, but are not limited |
| 456 | to, increasing course offerings, improving graduation rates, |
| 457 | increasing the percentage of undergraduate students who are |
| 458 | taught by faculty, decreasing student-faculty ratios, providing |
| 459 | salary increases for faculty who have a history of excellent |
| 460 | teaching in undergraduate courses, improving the efficiency of |
| 461 | the delivery of undergraduate education through academic |
| 462 | advisement and counseling, and reducing the percentage of |
| 463 | students who graduate with excess hours. This expenditure for |
| 464 | undergraduate education may not be used to pay the salaries of |
| 465 | graduate teaching assistants. Except as otherwise provided in |
| 466 | this subsection, the remaining 30 percent of the revenues from |
| 467 | the tuition differential, or the equivalent amount of revenue |
| 468 | from private sources, shall be expended to provide financial aid |
| 469 | to undergraduate students who exhibit financial need, including |
| 470 | students who are scholarship recipients under s. 1009.984, to |
| 471 | meet the cost of university attendance. This expenditure for |
| 472 | need-based financial aid may shall not supplant the amount of |
| 473 | need-based aid provided to undergraduate students in the |
| 474 | preceding fiscal year from financial aid fee revenues, the |
| 475 | direct appropriation for financial assistance provided to state |
| 476 | universities in the General Appropriations Act, or from private |
| 477 | sources. The total amount of tuition differential waived under |
| 478 | subparagraph (b)8. may be included in calculating the |
| 479 | expenditures for need-based financial aid to undergraduate |
| 480 | students required by this subsection. If the entire tuition and |
| 481 | fee costs of all students who exhibit financial need have been |
| 482 | met and the university has excess funds remaining from the 30 |
| 483 | percent of the revenues from the tuition differential required |
| 484 | to be used to assist students who exhibit financial need, the |
| 485 | university may expend the unneeded portion of the 30 percent in |
| 486 | the same manner as required for the other 70 percent of the |
| 487 | tuition differential revenues. |
| 488 | (20) To offset funding reductions, state university boards |
| 489 | of trustees may use up to 15 percent of the total funds |
| 490 | generated from the fee collections authorized in subsections |
| 491 | (8)-(14) for general education services in undergraduate degree |
| 492 | programs for the 2011-2012 fiscal year. Fee revenues pledged by |
| 493 | a state university board of trustees as a dedicated revenue |
| 494 | source for the repayment of debt, including lease-purchase |
| 495 | agreements, may not be used for other purposes. |
| 496 | Section 7. Section 1009.25, Florida Statutes, is amended |
| 497 | to read: |
| 498 | 1009.25 Fee exemptions.- |
| 499 | (1) The following students are exempt from any requirement |
| 500 | for the payment of tuition and fees, including lab fees, for |
| 501 | adult basic, adult secondary, or career-preparatory instruction: |
| 502 | (a) A student who does not have a high school diploma or |
| 503 | its equivalent. |
| 504 | (b) A student who has a high school diploma or its |
| 505 | equivalent and who has academic skills at or below the eighth |
| 506 | grade level pursuant to state board rule. A student is eligible |
| 507 | for this exemption from fees if the student's skills are at or |
| 508 | below the eighth grade level as measured by a test administered |
| 509 | in the English language and approved by the Department of |
| 510 | Education, even if the student has skills above that level when |
| 511 | tested in the student's native language. |
| 512 | (1)(2) The following students are exempt from the payment |
| 513 | of tuition and fees, including lab fees, at a school district |
| 514 | that provides postsecondary career programs, community college, |
| 515 | or state university: |
| 516 | (a) A student enrolled in a dual enrollment or early |
| 517 | admission program pursuant to s. 1007.27 or s. 1007.271. |
| 518 | (b) A student enrolled in an approved apprenticeship |
| 519 | program, as defined in s. 446.021. |
| 520 | (c) A student who is or was at the time he or she reached |
| 521 | 18 years of age in the custody of the Department of Children and |
| 522 | Family Services or who, after spending at least 6 months in the |
| 523 | custody of the department after reaching 16 years of age, was |
| 524 | placed in a guardianship by the court. Such exemption includes |
| 525 | fees associated with enrollment in career-preparatory |
| 526 | instruction. The exemption remains valid until the student |
| 527 | reaches 28 years of age. |
| 528 | (d) A student who is or was at the time he or she reached |
| 529 | 18 years of age in the custody of a relative under s. 39.5085 or |
| 530 | who was adopted from the Department of Children and Family |
| 531 | Services after May 5, 1997. Such exemption includes fees |
| 532 | associated with enrollment in career-preparatory instruction. |
| 533 | The exemption remains valid until the student reaches 28 years |
| 534 | of age. |
| 535 | (e) A student enrolled in an employment and training |
| 536 | program under the welfare transition program. The regional |
| 537 | workforce board shall pay the state university, community |
| 538 | college, or school district for costs incurred for welfare |
| 539 | transition program participants. |
| 540 | (f) A student who lacks a fixed, regular, and adequate |
| 541 | nighttime residence or whose primary nighttime residence is a |
| 542 | public or private shelter designed to provide temporary |
| 543 | residence for individuals intended to be institutionalized, or a |
| 544 | public or private place not designed for, or ordinarily used as, |
| 545 | a regular sleeping accommodation for human beings. |
| 546 | (g) A student who is a proprietor, owner, or worker of a |
| 547 | company whose business has been at least 50 percent negatively |
| 548 | financially impacted by the buyout of property around Lake |
| 549 | Apopka by the State of Florida. Such student may receive a fee |
| 550 | exemption only if the student has not received compensation |
| 551 | because of the buyout, the student is designated a Florida |
| 552 | resident for tuition purposes, pursuant to s. 1009.21, and the |
| 553 | student has applied for and been denied financial aid, pursuant |
| 554 | to s. 1009.40, which would have provided, at a minimum, payment |
| 555 | of all student fees. The student is responsible for providing |
| 556 | evidence to the postsecondary education institution verifying |
| 557 | that the conditions of this paragraph have been met, including |
| 558 | supporting documentation provided by the Department of Revenue. |
| 559 | The student must be currently enrolled in, or begin coursework |
| 560 | within, a program area by fall semester 2000. The exemption is |
| 561 | valid for a period of 4 years after the date that the |
| 562 | postsecondary education institution confirms that the conditions |
| 563 | of this paragraph have been met. |
| 564 | (2)(3) Each community college is authorized to grant |
| 565 | student fee exemptions from all fees adopted by the State Board |
| 566 | of Education and the community college board of trustees for up |
| 567 | to 40 full-time equivalent students at each institution. |
| 568 | Section 8. Subsections (2) and (7) of section 1009.286, |
| 569 | Florida Statutes, are amended to read: |
| 570 | 1009.286 Additional student payment for hours exceeding |
| 571 | baccalaureate degree program completion requirements at state |
| 572 | universities.- |
| 573 | (2) State universities shall require a student to pay an |
| 574 | excess hour surcharge equal to 100 50 percent of the tuition |
| 575 | rate for each credit hour in excess of 115 120 percent of the |
| 576 | number of credit hours required to complete the baccalaureate |
| 577 | degree program in which the student is enrolled. |
| 578 | (7) The provisions of this section become effective for |
| 579 | students who enter a community college or a state university for |
| 580 | the first time in the 2011-2012 2009-2010 academic year and |
| 581 | thereafter. |
| 582 | Section 9. Paragraphs (a) and (b) of subsection (6) of |
| 583 | section 1009.531, Florida Statutes, are amended, and subsection |
| 584 | (7) is added to that section, to read: |
| 585 | 1009.531 Florida Bright Futures Scholarship Program; |
| 586 | student eligibility requirements for initial awards.- |
| 587 | (6)(a) The State Board of Education shall publicize the |
| 588 | examination score required for a student to be eligible for a |
| 589 | Florida Academic Scholars award, pursuant to s. 1009.534(1)(a) |
| 590 | or (b), as follows: |
| 591 | 1. For high school students graduating in the 2010-2011 |
| 592 | and 2011-2012 academic years, the student must earn an SAT score |
| 593 | of 1270 or a concordant ACT score of 28. |
| 594 | 2. For high school students graduating in the 2012-2013 |
| 595 | academic year and each year thereafter, the student must earn an |
| 596 | SAT score of 1290 1280 which corresponds to the 89th 88th SAT |
| 597 | percentile rank or a concordant ACT score of 29 28. |
| 598 | 3. For high school students graduating in the 2013-2014 |
| 599 | academic year and thereafter, the student must earn an SAT score |
| 600 | of 1290 which corresponds to the 89th SAT percentile rank or a |
| 601 | concordant ACT score of 29. |
| 602 | (b) The State Board of Education shall publicize the |
| 603 | examination score required for a student to be eligible for a |
| 604 | Florida Medallion Scholars award, pursuant to s. 1009.535(1)(a) |
| 605 | or (b), as follows: |
| 606 | 1. For high school students graduating in the 2010-2011 |
| 607 | academic year, the student must earn an SAT score of 970 or a |
| 608 | concordant ACT score of 20 or the student in a home education |
| 609 | program whose parent cannot document a college-preparatory |
| 610 | curriculum must earn an SAT score of 1070 or a concordant ACT |
| 611 | score of 23. |
| 612 | 2. For high school students graduating in the 2011-2012 |
| 613 | academic year, the student must earn an SAT score of 980 which |
| 614 | corresponds to the 44th SAT percentile rank or a concordant ACT |
| 615 | score of 21 or the student in a home education program whose |
| 616 | parent cannot document a college-preparatory curriculum must |
| 617 | earn an SAT score of 1070 or a concordant ACT score of 23. |
| 618 | 3. For high school students graduating in the 2012-2013 |
| 619 | academic year and each year thereafter, the student must earn an |
| 620 | SAT score of 1170 1020 which corresponds to the 75th 50th SAT |
| 621 | percentile rank or a concordant ACT score of 26 22 or the |
| 622 | student in a home education program whose parent cannot document |
| 623 | a college-preparatory curriculum must earn an SAT score of 1170 |
| 624 | 1070 or a concordant ACT score of 26 23. |
| 625 | 4. For high school students graduating in the 2013-2014 |
| 626 | academic year and thereafter, the student must earn an SAT score |
| 627 | of 1050 which corresponds to the 56th SAT percentile rank or a |
| 628 | concordant ACT score of 23 or the student in a home education |
| 629 | program whose parent cannot document a college-preparatory |
| 630 | curriculum must earn an SAT score of 1100 or a concordant ACT |
| 631 | score of 24. |
| 632 | (7) To be eligible for an award under the Florida Bright |
| 633 | Futures Scholarship Program, a student must annually submit the |
| 634 | Free Application for Federal Student Aid. |
| 635 | Section 10. Subsection (3) of section 1009.532, Florida |
| 636 | Statutes, is amended to read: |
| 637 | 1009.532 Florida Bright Futures Scholarship Program; |
| 638 | student eligibility requirements for renewal awards.- |
| 639 | (3) A student who is initially eligible prior to the 2010- |
| 640 | 2011 academic year and is enrolled in a program that terminates |
| 641 | in an associate degree or a baccalaureate degree may receive an |
| 642 | award for a maximum of 110 percent of the number of credit hours |
| 643 | required to complete the program. A student who is enrolled in a |
| 644 | program that terminates in a career certificate may receive an |
| 645 | award for a maximum of 110 percent of the credit hours or clock |
| 646 | hours required to complete the program up to 90 credit hours. |
| 647 | For a student who is initially eligible in the 2010-2011 |
| 648 | academic term and thereafter, the student may receive an award |
| 649 | for a maximum of 100 percent of the number of credit hours |
| 650 | required to complete an associate degree program or a |
| 651 | baccalaureate degree program, or the student may receive an |
| 652 | award for a maximum of 100 percent of the credit hours or clock |
| 653 | hours required to complete up to 90 credit hours of a program |
| 654 | that terminates in a career certificate. Beginning in the 2011- |
| 655 | 2012 school year, acceleration credits earned by a student prior |
| 656 | to entering a postsecondary education program shall be included |
| 657 | in the maximum number of credit hours for which a student may |
| 658 | earn an award, except for purposes of eligibility for the |
| 659 | maximum graduate credits allowable under s. 1009.5341. A student |
| 660 | who transfers from one of these program levels to another |
| 661 | becomes eligible for the higher of the two credit hour limits. |
| 662 | Section 11. Subsection (1) of section 1009.534, Florida |
| 663 | Statutes, is amended to read: |
| 664 | 1009.534 Florida Academic Scholars award.- |
| 665 | (1) A student is eligible for a Florida Academic Scholars |
| 666 | award if the student meets the general eligibility requirements |
| 667 | for the Florida Bright Futures Scholarship Program and the |
| 668 | student: |
| 669 | (a) Has achieved a 3.5 weighted grade point average as |
| 670 | calculated pursuant to s. 1009.531, or its equivalent, in high |
| 671 | school courses that are designated by the State Board of |
| 672 | Education as college-preparatory academic courses; and has |
| 673 | attained at least the score pursuant to s. 1009.531(6)(a) on the |
| 674 | combined verbal and quantitative parts of the Scholastic |
| 675 | Aptitude Test, the Scholastic Assessment Test, or the recentered |
| 676 | Scholastic Assessment Test of the College Entrance Examination, |
| 677 | or an equivalent score on the ACT Assessment Program; |
| 678 | (b) Has attended a home education program according to s. |
| 679 | 1002.41 during grades 11 and 12 or has completed the |
| 680 | International Baccalaureate curriculum but failed to earn the |
| 681 | International Baccalaureate Diploma or has completed the |
| 682 | Advanced International Certificate of Education curriculum but |
| 683 | failed to earn the Advanced International Certificate of |
| 684 | Education Diploma, and has attained at least the score pursuant |
| 685 | to s. 1009.531(6)(a) on the combined verbal and quantitative |
| 686 | parts of the Scholastic Aptitude Test, the Scholastic Assessment |
| 687 | Test, or the recentered Scholastic Assessment Test of the |
| 688 | College Entrance Examination, or an equivalent score on the ACT |
| 689 | Assessment Program; |
| 690 | (c) Has been awarded an International Baccalaureate |
| 691 | Diploma from the International Baccalaureate Office or an |
| 692 | Advanced International Certificate of Education Diploma from the |
| 693 | University of Cambridge International Examinations Office; |
| 694 | (d) Has been recognized by the merit or achievement |
| 695 | programs of the National Merit Scholarship Corporation as a |
| 696 | scholar or finalist; or |
| 697 | (e) Has been recognized by the National Hispanic |
| 698 | Recognition Program as a scholar recipient. |
| 699 |
|
| 700 | A student must complete a program of community service work, as |
| 701 | approved by the district school board or the administrators of a |
| 702 | nonpublic school, which shall include a minimum of 75 hours of |
| 703 | service work for high school students graduating in the 2010- |
| 704 | 2011 academic year and 100 hours of service work for high school |
| 705 | students graduating in the 2011-2012 academic year and |
| 706 | thereafter, and must and require the student to identify a |
| 707 | social problem that interests him or her, develop a plan for his |
| 708 | or her personal involvement in addressing the problem, and, |
| 709 | through papers or other presentations, evaluate and reflect upon |
| 710 | his or her experience. |
| 711 | Section 12. Subsection (1) of section 1009.535, Florida |
| 712 | Statutes, is amended to read: |
| 713 | 1009.535 Florida Medallion Scholars award.- |
| 714 | (1) A student is eligible for a Florida Medallion Scholars |
| 715 | award if the student meets the general eligibility requirements |
| 716 | for the Florida Bright Futures Scholarship Program and the |
| 717 | student: |
| 718 | (a) Has achieved a weighted grade point average of 3.0 as |
| 719 | calculated pursuant to s. 1009.531, or the equivalent, in high |
| 720 | school courses that are designated by the State Board of |
| 721 | Education as college-preparatory academic courses; and has |
| 722 | attained at least the score pursuant to s. 1009.531(6)(b) on the |
| 723 | combined verbal and quantitative parts of the Scholastic |
| 724 | Aptitude Test, the Scholastic Assessment Test, or the recentered |
| 725 | Scholastic Assessment Test of the College Entrance Examination, |
| 726 | or an equivalent score on the ACT Assessment Program; |
| 727 | (b) Has completed the International Baccalaureate |
| 728 | curriculum but failed to earn the International Baccalaureate |
| 729 | Diploma or has completed the Advanced International Certificate |
| 730 | of Education curriculum but failed to earn the Advanced |
| 731 | International Certificate of Education Diploma, and has attained |
| 732 | at least the score pursuant to s. 1009.531(6)(b) on the combined |
| 733 | verbal and quantitative parts of the Scholastic Aptitude Test, |
| 734 | the Scholastic Assessment Test, or the recentered Scholastic |
| 735 | Assessment Test of the College Entrance Examination, or an |
| 736 | equivalent score on the ACT Assessment Program; |
| 737 | (c) Has attended a home education program according to s. |
| 738 | 1002.41 during grades 11 and 12 and has attained at least the |
| 739 | score pursuant to s. 1009.531(6)(b) on the combined verbal and |
| 740 | quantitative parts of the Scholastic Aptitude Test, the |
| 741 | Scholastic Assessment Test, or the recentered Scholastic |
| 742 | Assessment Test of the College Entrance Examination, or an |
| 743 | equivalent score on the ACT Assessment Program, if the student's |
| 744 | parent cannot document a college-preparatory curriculum as |
| 745 | described in paragraph (a); |
| 746 | (d) Has been recognized by the merit or achievement |
| 747 | program of the National Merit Scholarship Corporation as a |
| 748 | scholar or finalist but has not completed a program of community |
| 749 | service as provided in s. 1009.534; or |
| 750 | (e) Has been recognized by the National Hispanic |
| 751 | Recognition Program as a scholar, but has not completed a |
| 752 | program of community service as provided in s. 1009.534. |
| 753 |
|
| 754 | A high school student graduating in the 2011-2012 academic year |
| 755 | and thereafter must complete a program of community service work |
| 756 | approved by the district school board or the administrators of a |
| 757 | nonpublic school, which shall include a minimum of 75 hours of |
| 758 | service work, and must identify a social problem that interests |
| 759 | him or her, develop a plan for his or her personal involvement |
| 760 | in addressing the problem, and, through papers or other |
| 761 | presentations, evaluate and reflect upon his or her experience. |
| 762 | Section 13. Subsection (1) of section 1009.536, Florida |
| 763 | Statutes, is amended to read: |
| 764 | 1009.536 Florida Gold Seal Vocational Scholars award.-The |
| 765 | Florida Gold Seal Vocational Scholars award is created within |
| 766 | the Florida Bright Futures Scholarship Program to recognize and |
| 767 | reward academic achievement and career preparation by high |
| 768 | school students who wish to continue their education. |
| 769 | (1) A student is eligible for a Florida Gold Seal |
| 770 | Vocational Scholars award if the student meets the general |
| 771 | eligibility requirements for the Florida Bright Futures |
| 772 | Scholarship Program and the student: |
| 773 | (a) Completes the secondary school portion of a sequential |
| 774 | program of studies that requires at least three secondary school |
| 775 | career credits taken over at least 2 academic years, and is |
| 776 | continued in a planned, related postsecondary education program. |
| 777 | If the student's school does not offer such a two-plus-two or |
| 778 | tech-prep program, the student must complete a job-preparatory |
| 779 | career education program selected by Workforce Florida, Inc., |
| 780 | for its ability to provide high-wage employment in an occupation |
| 781 | with high potential for employment opportunities. On-the-job |
| 782 | training may not be substituted for any of the three required |
| 783 | career credits. |
| 784 | (b) Demonstrates readiness for postsecondary education by |
| 785 | earning a passing score on the Florida College Entry Level |
| 786 | Placement Test or its equivalent as identified by the Department |
| 787 | of Education. |
| 788 | (c) Earns a minimum cumulative weighted grade point |
| 789 | average of 3.0, as calculated pursuant to s. 1009.531, on all |
| 790 | subjects required for a standard high school diploma, excluding |
| 791 | elective courses. |
| 792 | (d) Earns a minimum unweighted grade point average of 3.5 |
| 793 | on a 4.0 scale for secondary career courses comprising the |
| 794 | career program. |
| 795 | (e) Beginning with high school students graduating in the |
| 796 | 2011-2012 academic year and thereafter, completes a program of |
| 797 | community service work approved by the district school board or |
| 798 | the administrators of a nonpublic school, which shall include a |
| 799 | minimum of 30 hours of service work, and identifies a social |
| 800 | problem that interests him or her, develops a plan for his or |
| 801 | her personal involvement in addressing the problem, and, through |
| 802 | papers or other presentations, evaluates and reflects upon his |
| 803 | or her experience. |
| 804 | Section 14. Subsection (4) and paragraph (a) of subsection |
| 805 | (5) of section 1009.89, Florida Statutes, are amended to read: |
| 806 | 1009.89 The William L. Boyd, IV, Florida resident access |
| 807 | grants.- |
| 808 | (4) A person is eligible to receive such William L. Boyd, |
| 809 | IV, Florida resident access grant if: |
| 810 | (a) He or she meets the general requirements, including |
| 811 | residency, for student eligibility as provided in s. 1009.40, |
| 812 | except as otherwise provided in this section; and |
| 813 | (b)1. He or she is enrolled as a full-time undergraduate |
| 814 | student at an eligible college or university; |
| 815 | 2. He or she is not enrolled in a program of study leading |
| 816 | to a degree in theology or divinity; and |
| 817 | 3. He or she is making satisfactory academic progress as |
| 818 | defined by the college or university in which he or she is |
| 819 | enrolled; and |
| 820 | (c) He or she annually submits the Free Application for |
| 821 | Federal Student Aid. |
| 822 | (5)(a) Funding for the William L. Boyd, IV, Florida |
| 823 | Resident Access Grant Program shall be based on a formula |
| 824 | composed of planned enrollment and the state cost of funding |
| 825 | undergraduate enrollment at public institutions pursuant to s. |
| 826 | 1011.90. The amount of the William L. Boyd, IV, Florida resident |
| 827 | access grant issued to a full-time student shall be an amount as |
| 828 | specified in the General Appropriations Act. The William L. |
| 829 | Boyd, IV, Florida resident access grant may be paid on a |
| 830 | prorated basis in advance of the registration period. The |
| 831 | department shall make such payments to the college or university |
| 832 | in which the student is enrolled for credit to the student's |
| 833 | account for payment of tuition and fees. Institutions shall |
| 834 | certify to the department the amount of funds disbursed to each |
| 835 | student and shall remit to the department any undisbursed |
| 836 | advances or refunds within 60 days of the end of regular |
| 837 | registration. A student is Students shall not be eligible to |
| 838 | receive the award for more than 9 semesters or 14 quarters, |
| 839 | except as otherwise provided in s. 1009.40(3). |
| 840 | Section 15. Subsection (4) of section 1009.891, Florida |
| 841 | Statutes, is amended to read: |
| 842 | 1009.891 The Access to Better Learning and Education Grant |
| 843 | Program.- |
| 844 | (4) A person is eligible to receive an access grant if: |
| 845 | (a) He or she meets the general requirements, including |
| 846 | residency, for student eligibility as provided in s. 1009.40, |
| 847 | except as otherwise provided in this section; and |
| 848 | (b)1. He or she is enrolled as a full-time undergraduate |
| 849 | student at an eligible college or university in a program of |
| 850 | study leading to a baccalaureate degree; |
| 851 | 2. He or she is not enrolled in a program of study leading |
| 852 | to a degree in theology or divinity; and |
| 853 | 3. He or she is making satisfactory academic progress as |
| 854 | defined by the college or university in which he or she is |
| 855 | enrolled; and |
| 856 | (c) He or she annually submits the Free Application for |
| 857 | Federal Student Aid. |
| 858 | Section 16. Subsections (6) and (10) of section 1011.80, |
| 859 | Florida Statutes, are amended to read: |
| 860 | 1011.80 Funds for operation of workforce education |
| 861 | programs.- |
| 862 | (6)(a) A school district or a community college that |
| 863 | provides workforce education programs shall receive funds in |
| 864 | accordance with distributions for base and performance funding |
| 865 | established by the Legislature in the General Appropriations |
| 866 | Act. To ensure equitable funding for all school district |
| 867 | workforce education programs and to recognize enrollment growth, |
| 868 | the Department of Education shall use the funding model |
| 869 | developed by the District Workforce Education Funding Steering |
| 870 | Committee to determine each district's workforce education |
| 871 | funding needs. To assist the Legislature in allocating workforce |
| 872 | education funds in the General Appropriations Act, the funding |
| 873 | model shall annually be provided to the legislative |
| 874 | appropriations committees no later than March 1. Beginning with |
| 875 | the 2011-2012 fiscal year, and for a 3-year period thereafter or |
| 876 | until full reallocation is achieved, the funding model shall be |
| 877 | used to reallocate workforce education funds among districts to |
| 878 | reflect each district's current programs and funding needs. If |
| 879 | the General Appropriations Act does not provide for the |
| 880 | distribution of funds, the following methodology shall apply: |
| 881 | 1. Base funding shall be allocated based on weighted |
| 882 | enrollment and shall not exceed 90 percent of the allocation. |
| 883 | The Department of Education shall develop a funding process for |
| 884 | school district workforce education programs that is comparable |
| 885 | with community college workforce programs. |
| 886 | 2. Performance funding shall be at least 10 percent of the |
| 887 | allocation, based on the previous fiscal year's achievement of |
| 888 | output and outcomes in accordance with formulas adopted pursuant |
| 889 | to subsection (10). Performance funding must incorporate |
| 890 | payments for at least three levels of placements that reflect |
| 891 | wages and workforce demand. Payments for completions must not |
| 892 | exceed 60 percent of the payments for placement. School |
| 893 | districts and community colleges shall be awarded funds pursuant |
| 894 | to this paragraph based on performance output data and |
| 895 | performance outcome data available in that year. |
| 896 | (b) A program is established to assist school districts |
| 897 | and community colleges in responding to the needs of new and |
| 898 | expanding businesses and thereby strengthening the state's |
| 899 | workforce and economy. The program may be funded in the General |
| 900 | Appropriations Act. A school district or community college may |
| 901 | expend funds under the program without regard to performance |
| 902 | criteria set forth in subparagraph (a)2. The district or |
| 903 | community college shall use the program to provide customized |
| 904 | training for businesses which satisfies the requirements of s. |
| 905 | 288.047. Business firms whose employees receive the customized |
| 906 | training must provide 50 percent of the cost of the training. |
| 907 | Balances remaining in the program at the end of the fiscal year |
| 908 | shall not revert to the general fund, but shall be carried over |
| 909 | for 1 additional year and used for the purpose of serving |
| 910 | incumbent worker training needs of area businesses with fewer |
| 911 | than 100 employees. Priority shall be given to businesses that |
| 912 | must increase or upgrade their use of technology to remain |
| 913 | competitive. |
| 914 | (10) A high school student dually enrolled under s. |
| 915 | 1007.271 in a workforce education program operated by a |
| 916 | community college or school district career center generates the |
| 917 | amount calculated for workforce education funding, including any |
| 918 | payment of performance funding, and the proportional share of |
| 919 | full-time equivalent enrollment generated through the Florida |
| 920 | Education Finance Program for the student's enrollment in a high |
| 921 | school. If a high school student is dually enrolled in a |
| 922 | community college program, including a program conducted at a |
| 923 | high school, the community college earns the funds generated for |
| 924 | workforce education funding, and the school district earns the |
| 925 | proportional share of full-time equivalent funding from the |
| 926 | Florida Education Finance Program. If a student is dually |
| 927 | enrolled in a career center operated by the same district as the |
| 928 | district in which the student attends high school, that district |
| 929 | earns the funds generated for workforce education funding and |
| 930 | also earns the proportional share of full-time equivalent |
| 931 | funding from the Florida Education Finance Program. If a student |
| 932 | is dually enrolled in a workforce education program provided by |
| 933 | a career center operated by a different school district, the |
| 934 | funds must be divided between the two school districts |
| 935 | proportionally from the two funding sources. A student may not |
| 936 | be reported for funding in a dual enrollment workforce education |
| 937 | program unless the student has completed the basic skills |
| 938 | assessment pursuant to s. 1004.91. A student who is coenrolled |
| 939 | in a K-12 education program and an adult education program may |
| 940 | not be reported for funding in an adult education program. |
| 941 | Section 17. Subsection (2) of section 1011.85, Florida |
| 942 | Statutes, is amended to read: |
| 943 | 1011.85 Dr. Philip Benjamin Matching Grant Program for |
| 944 | Community Colleges.- |
| 945 | (2) Each community college board of trustees receiving |
| 946 | state appropriations under this program shall approve each gift |
| 947 | to ensure alignment with the unique mission of the community |
| 948 | college. The board of trustees must link all requests for a |
| 949 | state match to the goals and mission statement. The Florida |
| 950 | Community College Foundation Board receiving state |
| 951 | appropriations under this program shall approve each gift to |
| 952 | ensure alignment with its goals and mission statement. Funds |
| 953 | received from community events or festivals are not eligible for |
| 954 | state match under this program. |
| 955 | Section 18. Subsection (4) is added to section 1012.885, |
| 956 | Florida Statutes, to read: |
| 957 | 1012.885 Remuneration of community college presidents; |
| 958 | limitations.- |
| 959 | (4) LIMITATION.-Notwithstanding the provisions of this |
| 960 | section, for the 2011-2012 fiscal year, a Florida College System |
| 961 | institution president may not receive more than $200,000 in |
| 962 | remuneration from appropriated state funds. Only compensation, |
| 963 | as defined in s. 121.021(22), provided to a Florida College |
| 964 | System institution president may be used in calculating benefits |
| 965 | under chapter 121. |
| 966 | Section 19. Section 1012.886, Florida Statutes, is created |
| 967 | to read: |
| 968 | 1012.886 Remuneration of Florida College System |
| 969 | institution administrative employees; limitations.- |
| 970 | (1) DEFINITIONS.-As used in this section, the term: |
| 971 | (a) "Appropriated state funds" means funds appropriated |
| 972 | from the General Revenue Fund or funds appropriated from state |
| 973 | trust funds. |
| 974 | (b) "Cash-equivalent compensation" means any benefit that |
| 975 | may be assigned an equivalent cash value. |
| 976 | (c) "Remuneration" means salary, bonuses, and cash- |
| 977 | equivalent compensation paid to a Florida College System |
| 978 | institution administrative employee by his or her employer for |
| 979 | work performed, excluding health insurance benefits and |
| 980 | retirement benefits. |
| 981 | (2) LIMITATION ON COMPENSATION.-Notwithstanding any other |
| 982 | law, resolution, or rule to the contrary, a Florida College |
| 983 | System institution administrative employee may not receive more |
| 984 | than $200,000 in remuneration annually from appropriated state |
| 985 | funds. Only compensation, as such term is defined in s. |
| 986 | 121.021(22), provided to a Florida College System institution |
| 987 | administrative employee may be used in calculating benefits |
| 988 | under chapter 121. |
| 989 | (3) EXCEPTIONS.-This section does not prohibit any party |
| 990 | from providing cash or cash-equivalent compensation from funds |
| 991 | that are not appropriated state funds to a Florida College |
| 992 | System institution administrative employee in excess of the |
| 993 | limit in subsection (2). If a party is unable or unwilling to |
| 994 | fulfill an obligation to provide cash or cash-equivalent |
| 995 | compensation to a Florida College System institution |
| 996 | administrative employee as permitted under this subsection, |
| 997 | appropriated state funds may not be used to fulfill such |
| 998 | obligation. |
| 999 | (4) EXPIRATION.-This section expires June 30, 2012. |
| 1000 | Section 20. Subsection (4) is added to section 1012.975, |
| 1001 | Florida Statutes, to read: |
| 1002 | 1012.975 Remuneration of state university presidents; |
| 1003 | limitations.- |
| 1004 | (4) LIMITATION.-Notwithstanding the provisions of this |
| 1005 | section, for the 2011-2012 fiscal year, a state university |
| 1006 | president may not receive more than $200,000 in remuneration |
| 1007 | from public funds. Only compensation, as defined in s. |
| 1008 | 121.021(22), provided to a state university president may be |
| 1009 | used in calculating benefits under chapter 121. |
| 1010 | Section 21. Section 1012.976, Florida Statutes, is created |
| 1011 | to read: |
| 1012 | 1012.976 Remuneration of state university administrative |
| 1013 | employees; limitations.- |
| 1014 | (1) DEFINITIONS.-As used in this section, the term: |
| 1015 | (a) "Appropriated state funds" means funds appropriated |
| 1016 | from the General Revenue Fund or funds appropriated from state |
| 1017 | trust funds. |
| 1018 | (b) "Cash-equivalent compensation" means any benefit that |
| 1019 | may be assigned an equivalent cash value. |
| 1020 | (c) "Remuneration" means salary, bonuses, and cash- |
| 1021 | equivalent compensation paid to a state university |
| 1022 | administrative employee by his or her employer for work |
| 1023 | performed, excluding health insurance benefits and retirement |
| 1024 | benefits. |
| 1025 | (2) LIMITATION ON COMPENSATION.-Notwithstanding any other |
| 1026 | law, resolution, or rule to the contrary, a state university |
| 1027 | administrative employee may not receive more than $200,000 in |
| 1028 | remuneration annually from appropriated state funds. Only |
| 1029 | compensation, as such term is defined in s. 121.021(22), |
| 1030 | provided to a state university administrative employee may be |
| 1031 | used in calculating benefits under chapter 121. |
| 1032 | (3) EXCEPTIONS.-This section does not prohibit any party |
| 1033 | from providing cash or cash-equivalent compensation from funds |
| 1034 | that are not appropriated state funds to a state university |
| 1035 | administrative employee in excess of the limit in subsection |
| 1036 | (2). If a party is unable or unwilling to fulfill an obligation |
| 1037 | to provide cash or cash-equivalent compensation to a state |
| 1038 | university administrative employee as permitted under this |
| 1039 | subsection, appropriated state funds may not be used to fulfill |
| 1040 | such obligation. This section does not apply to university |
| 1041 | medical school faculty or staff. |
| 1042 | (4) EXPIRATION.-This section expires June 30, 2012. |
| 1043 | Section 22. Subsection (12) of section 1013.33, Florida |
| 1044 | Statutes, is amended to read: |
| 1045 | 1013.33 Coordination of planning with local governing |
| 1046 | bodies.- |
| 1047 | (12) As early in the design phase as feasible and |
| 1048 | consistent with an interlocal agreement entered pursuant to |
| 1049 | subsections (2)-(8), but no later than 90 days before commencing |
| 1050 | construction, the district school board shall in writing request |
| 1051 | a determination of consistency with the local government's |
| 1052 | comprehensive plan. The local governing body that regulates the |
| 1053 | use of land shall determine, in writing within 45 days after |
| 1054 | receiving the necessary information and a school board's request |
| 1055 | for a determination, whether a proposed educational facility is |
| 1056 | consistent with the local comprehensive plan and consistent with |
| 1057 | local land development regulations. If the determination is |
| 1058 | affirmative, school construction may commence and further local |
| 1059 | government approvals are not required, except as provided in |
| 1060 | this section. Failure of the local governing body to make a |
| 1061 | determination in writing within 90 days after a district school |
| 1062 | board's request for a determination of consistency shall be |
| 1063 | considered an approval of the district school board's |
| 1064 | application. Campus master plans and development agreements must |
| 1065 | comply with the provisions of s. ss. 1013.30 and 1013.63. |
| 1066 | Section 23. Section 1013.63, Florida Statutes, is |
| 1067 | repealed. |
| 1068 | Section 24. (1) The Department of Education shall work |
| 1069 | with the College Center for Library Automation (CCLA) to |
| 1070 | transfer the K-12 public school bibliographic database in |
| 1071 | standard library data format to the CCLA for inclusion in its |
| 1072 | online discovery tool product and make the database publicly |
| 1073 | searchable by school district students, staff, and parents no |
| 1074 | later than September 1, 2011. The department shall also develop |
| 1075 | an ongoing process to provide for the electronic updating of |
| 1076 | school district library holdings data to the CCLA in a manner |
| 1077 | that will ensure that the public school bibliographic database |
| 1078 | and searchable catalog remains current. |
| 1079 | (2) The Florida Center for Library Automation (FCLA) and |
| 1080 | the College Center for Library Automation (CCLA) shall develop |
| 1081 | and submit a plan by December 1, 2011, to the Executive Office |
| 1082 | of the Governor and to the chairs of the appropriations |
| 1083 | committees of the Senate and the House of Representatives for |
| 1084 | establishing a single postsecondary education union catalog, |
| 1085 | which must include the combined holdings and electronic |
| 1086 | resources of all the state universities and institutions in the |
| 1087 | Florida College System, and that allows a user to search these |
| 1088 | holdings and electronic resources by either an individual state |
| 1089 | university or institution in the Florida College System, |
| 1090 | selected state universities or institutions in the Florida |
| 1091 | College System, or all state universities and institutions in |
| 1092 | the Florida College System. The plan must also include the |
| 1093 | projected costs for the development and ongoing maintenance of |
| 1094 | the postsecondary education union catalog; projected cost |
| 1095 | savings resulting from the FCLA and CCLA no longer being |
| 1096 | required to maintain separate online discovery tool products and |
| 1097 | associated resources; and timeline and implementation strategies |
| 1098 | for making the postsecondary education union catalog available |
| 1099 | for use. |
| 1100 | (3) By January 1, 2012, the Task Force on the Future of |
| 1101 | Academic Libraries in Florida shall develop and submit a plan to |
| 1102 | the Executive Office of the Governor and to the chairs of the |
| 1103 | appropriations committees of the Senate and the House of |
| 1104 | Representatives that describes the establishment of a joint |
| 1105 | library technology organizational structure that will meet the |
| 1106 | needs of academic libraries in both the Florida College System |
| 1107 | and the State University System in a manner that must be more |
| 1108 | cost effective than the current organizational structure that |
| 1109 | includes the Florida Center for Library Automation (FCLA) and |
| 1110 | the College Center for Library Automation (CCLA). The plan must |
| 1111 | include the recommended governance and reporting structure, |
| 1112 | staffing, funding, and duties and responsibilities of the joint |
| 1113 | library technology organizational structure and provide |
| 1114 | recommendations for any substantive and fiscal changes needed to |
| 1115 | establish and fund the organizational structure. |
| 1116 | Section 25. This act shall take effect July 1, 2011. |