Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. SB 190
Ì1071766Î107176
LEGISLATIVE ACTION
Senate . House
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The Committee on Appropriations (Stargel) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (c) of subsection (2) of section
6 11.45, Florida Statutes, is amended to read:
7 11.45 Definitions; duties; authorities; reports; rules.—
8 (2) DUTIES.—The Auditor General shall:
9 (c) Annually conduct financial audits of all state
10 universities and Florida College System institutions and verify
11 the accuracy of the amounts certified by each state university
12 and Florida College System institution chief financial officer
13 pursuant to ss. 1011.45 and 1011.84 state colleges.
14
15 The Auditor General shall perform his or her duties
16 independently but under the general policies established by the
17 Legislative Auditing Committee. This subsection does not limit
18 the Auditor General’s discretionary authority to conduct other
19 audits or engagements of governmental entities as authorized in
20 subsection (3).
21 Section 2. Subsection (3) of section 216.136, Florida
22 Statutes, is amended to read:
23 216.136 Consensus estimating conferences; duties and
24 principals.—
25 (3) REVENUE ESTIMATING CONFERENCE.—
26 (a) The Revenue Estimating Conference shall develop such
27 official information with respect to anticipated state and local
28 government revenues as the conference determines is needed for
29 the state planning and budgeting system. Any principal may
30 request the conference to review and estimate revenues for any
31 trust fund.
32 (b) For each year in a forecast period, the Revenue
33 Estimating Conference must provide a maximum appropriation
34 estimate, which includes bonding, for funds accruing to the
35 Public Education Capital Outlay and Debt Service Trust Fund. The
36 maximum available appropriation estimate for each year must
37 assume the full utilization of available bonding capacity, as
38 limited by s. 215.61, and the full utilization of remaining
39 available cash balances.
40 (c) For each of the 2020-2021, 2021-2022, and 2022-2023
41 fiscal years, the conference shall also determine maximum
42 appropriations available for funds accruing to the Public
43 Education Capital Outlay and Debt Service Trust Fund, assuming
44 that the bonding capacity for each year is equal to the average
45 of annual bonding capacities, as determined under paragraph (b),
46 of that year and the years remaining through the 2022-2023
47 fiscal year. This paragraph expires July 1, 2023.
48 Section 3. Subsection (18) is added to section 1001.03,
49 Florida Statutes, to read:
50 1001.03 Specific powers of State Board of Education.—
51 (18) PUBLIC EDUCATION CAPITAL OUTLAY.—The State Board of
52 Education shall develop and submit the prioritized list required
53 by s. 1013.64(4). Projects considered for prioritization shall
54 be chosen from a preliminary selection group that shall include
55 the list of projects maintained pursuant to paragraph (d) and up
56 to the top five ranked priorities of each Florida College System
57 institution.
58 (a) The state board shall develop a points-based
59 prioritization method to rank projects for consideration from
60 the preliminary selection group and award points for the degree
61 to which a project meets specific criteria compared to other
62 projects in the preliminary selection group. The state board
63 shall consider criteria that evaluates the degree to which:
64 1. The project was previously funded by the Legislature and
65 the amount of funds needed for completion constitute a
66 relatively low percentage of total project costs;
67 2. The project represents a building maintenance project or
68 the repair of utility infrastructure which is necessary to
69 preserve a safe environment for students and staff, or a project
70 that is necessary to maintain the operation of a Florida College
71 System institution site, and for which the institution can
72 demonstrate that it has no other funding source available to
73 complete the project;
74 3. The project addresses the greatest current or projected
75 need for space as indicated by factors such as increased
76 instructional capacity that enhances educational opportunities
77 for students;
78 4. The project reflects a ranked priority of the submitting
79 Florida College System institution;
80 5. The project represents the most practical and cost
81 effective replacement or renovation of an existing building; and
82 6. The project is deemed by the state board to be integral
83 to the mission of the system or the institution in serving the
84 strategic needs of communities, regions, or the state.
85 (b) The project scoring the highest for each criterion
86 shall be awarded the maximum points in the range of points
87 within the points scale developed by the state board. The state
88 board shall weight the value of criteria such that the maximum
89 points awarded for each criterion represents a percent of the
90 total maximum points.
91 (c)1. For each Florida College System institution with a
92 final FTE of 15,000 or greater for the prior year, a new
93 construction, remodeling, or renovation project that has not
94 received an appropriation in a previous year may not be
95 considered for inclusion on the prioritized list required by s.
96 1013.64(4), unless:
97 a. The institution has allocated funding equal to at least
98 15 percent of the total project cost, the project is needed to
99 preserve the safety of persons using the facility, or the
100 project is consistent with a strategic legislative or state
101 board initiative;
102 b. A plan is provided to reserve funds equal to a minimum
103 amount determined by the state board as adequate to cover annual
104 costs for future maintenance of the facility;
105 c. There are sufficient excess funds from the allocation
106 provided pursuant to s. 1013.60 within the 3-year planning
107 period which are not needed to complete the projects listed
108 pursuant to paragraph (d); and
109 d. The project has been recommended pursuant to s. 1013.31.
110 2. A Florida College System institution with a final FTE of
111 less than 15,000 for the prior year is exempt from the
112 requirements of subparagraph (c)1.
113 (d) The state board shall continually maintain a list of
114 all public education capital outlay projects for which state
115 funds were previously appropriated and have not been completed.
116 The list shall include an estimate of the amount of state
117 funding needed for the completion of each project.
118 (e) The state board shall review its space need calculation
119 methodology developed pursuant to s. 1013.03(2)(a) and present a
120 summary of its work with preliminary draft recommendations to
121 the chairs of the House of Representatives and Senate
122 appropriations committees by January 15, 2020, and every 3 years
123 thereafter.
124 Section 4. Subsection (12) is added to section 1001.706,
125 Florida Statutes, to read:
126 1001.706 Powers and duties of the Board of Governors.—
127 (12) PUBLIC EDUCATION CAPITAL OUTLAY.—The Board of
128 Governors shall submit the prioritized list as required by s.
129 1013.64(4). Projects considered for prioritization shall be
130 chosen from a preliminary selection group that shall include the
131 list of projects maintained pursuant to paragraph (d) and up to
132 the top five ranked priorities of each state university.
133 (a) The board shall develop a points-based prioritization
134 method to rank projects for consideration from the preliminary
135 selection group and award points for the degree to which a
136 project meets specific criteria compared to other projects in
137 the preliminary selection group. The board shall consider
138 criteria that evaluates the degree to which:
139 1. The project was funded previously by the Legislature and
140 the amount of funds needed for completion constitute a
141 relatively low percentage of total project costs;
142 2. The project represents a building maintenance project or
143 the repair of utility infrastructure which is necessary to
144 preserve a safe environment for students and staff, or a project
145 that is necessary to maintain the operation of a university
146 site, and for which the university can demonstrate it has no
147 other fund source available to complete the project;
148 3. The project addresses the greatest current or projected
149 need for space as indicated by factors such as increased
150 instructional or research capacity that enhances educational
151 opportunities for students;
152 4. The project reflects a ranked priority of the submitting
153 university;
154 5. The project represents the most practical and cost
155 effective replacement or renovation of an existing building; and
156 6. The project is deemed integral to the mission of the
157 system or the institution in serving the strategic needs of
158 communities, regions, or this state.
159 (b) The project scoring the highest for each criterion
160 shall be awarded the maximum points in the range of points
161 within the points scale developed by the board. The board shall
162 weight the value of criteria such that the maximum points
163 awarded for each criterion represent a percent of the total of
164 maximum points.
165 (c)1. For universities with a final FTE of less than 2,000
166 in the prior year, a new construction, remodeling, or renovation
167 project that has not received an appropriation in a previous
168 year may not be considered for inclusion on the prioritized list
169 required by s. 1013.64(4), unless:
170 a. The institution has allocated funding equal to a minimum
171 amount not to exceed 10 percent of the total project cost
172 determined appropriate by the board based on the size and unique
173 characteristics of the institution, the project is needed to
174 preserve the safety of persons using the facility, or the
175 project is consistent with a strategic legislative or board
176 initiative;
177 b. A plan is provided to reserve funds equal to a minimum
178 amount determined by the board as adequate to cover annual costs
179 for future maintenance of the facility;
180 c. There are sufficient excess funds from the allocation
181 provided pursuant to s. 1013.60 within the 3-year planning
182 period which are not needed to complete the projects listed
183 pursuant to paragraph (d); and
184 d. The project has been recommended pursuant to s. 1013.31.
185 2. For universities with a final FTE of 2,000 or greater in
186 the prior year, a new construction, remodeling, or renovation
187 project that has not received an appropriation in a previous
188 year may not be considered for inclusion on the prioritized list
189 required by s. 1013.64(4), unless:
190 a. The institution has allocated funding equal to no less
191 than 15 percent of the total project cost, unless a smaller
192 amount is approved by supermajority vote of the board based on
193 university size or unique characteristics, the project is needed
194 to preserve the safety of persons using the facility, or the
195 project is consistent with a strategic legislative or board
196 initiative;
197 b. A plan is provided to reserve funds equal to a minimum
198 amount determined by the board as adequate to cover annual costs
199 for future maintenance of the facility;
200 c. There are sufficient excess funds from the allocation
201 provided pursuant to s. 1013.60 within the 3-year planning
202 period which are not needed to complete the projects listed
203 pursuant to paragraph (d); and
204 d. The project has been recommended pursuant to s. 1013.31.
205 (d) The board shall continually maintain a list of all
206 public education capital outlay projects for which state funds
207 were previously appropriated which have not been completed. The
208 list shall include an estimate of the amount of state funding
209 needed for the completion of each project.
210 (e) The board shall review its space need calculation
211 methodology developed pursuant to s. 1013.03(2)(a) and present a
212 summary of its work with preliminary draft recommendations to
213 the chairs of the House of Representatives and Senate
214 appropriations committees by January 15, 2020, and every 3 years
215 thereafter.
216 Section 5. Paragraph (d) of subsection (4) of section
217 1004.70, Florida Statutes, is amended to read:
218 1004.70 Florida College System institution direct-support
219 organizations.—
220 (4) ACTIVITIES; RESTRICTIONS.—
221 (d) A Florida College System institution direct-support
222 organization is prohibited from giving, either directly or
223 indirectly, any gift to a political committee as defined in s.
224 106.011 for any purpose other than those certified by a majority
225 roll call vote of the governing board of the direct-support
226 organization at a regularly scheduled meeting as being directly
227 related to the educational mission of the Florida College System
228 institution.
229 Section 6. Effective July 1, 2019, and upon the expiration
230 and reversion of the amendment made to section 1009.215, Florida
231 Statutes, pursuant to section 13 of chapter 2018-10, Laws of
232 Florida, subsection (3) of section 1009.215, Florida Statutes,
233 is amended to read:
234 1009.215 Student enrollment pilot program for the spring
235 and summer terms.—
236 (3) Students who are enrolled in the pilot program and who
237 are eligible to receive Bright Futures Scholarships under ss.
238 1009.53-1009.536 are shall be eligible to receive the
239 scholarship award for attendance during the spring and summer
240 terms. This student cohort is also eligible to receive Bright
241 Futures Scholarships during the fall term which may be used for
242 off-campus or online coursework, if Bright Futures Scholarship
243 funding is provided by the Legislature for three terms for other
244 eligible students during that academic year no more than 2
245 semesters or the equivalent in any fiscal year, including the
246 summer term.
247 Section 7. Subsections (1), (2), and (3), paragraph (a) of
248 subsection (4), subsection (5), and subsection (7) of section
249 1009.53, Florida Statutes, are amended to read:
250 1009.53 Florida Bright Futures Scholarship Program.—
251 (1) The Florida Bright Futures Scholarship Program is
252 created to establish a lottery-funded scholarship program to
253 reward any Florida high school graduate who merits recognition
254 of high academic achievement and who enrolls in a degree
255 program, certificate program, or applied technology program at
256 an eligible Florida public or private postsecondary education
257 institution within 3 years of graduation from high school.
258 (2) The Bright Futures Scholarship Program consists of four
259 three types of awards: the Florida Academic Scholarship, the
260 Florida Medallion Scholarship, the Florida Gold Seal CAPE
261 Scholarship, and the Florida Gold Seal Vocational Scholarship.
262 (3) The Department of Education shall administer the Bright
263 Futures Scholarship Program according to rules and procedures
264 established by the State Board of Education. A single
265 application must be sufficient for a student to apply for any of
266 the three types of awards. The department shall advertise the
267 availability of the scholarship program and shall notify
268 students, teachers, parents, certified school counselors, and
269 principals or other relevant school administrators of the
270 criteria and application procedures. The department must begin
271 this process of notification no later than January 1 of each
272 year.
273 (4) Funding for the Bright Futures Scholarship Program must
274 be allocated from the Education Enhancement Trust Fund and must
275 be provided before allocations from that fund are calculated for
276 disbursement to other educational entities.
277 (a) If funds appropriated are not adequate to provide the
278 maximum allowable award to each eligible applicant, awards in
279 all three components of the program must be prorated using the
280 same percentage reduction.
281 (5) The department shall issue awards from the scholarship
282 program annually. Annual awards may be for up to 45 semester
283 credit hours or the equivalent. Before the registration period
284 each semester, the department shall transmit payment for each
285 award to the president or director of the postsecondary
286 education institution, or his or her representative, except that
287 the department may withhold payment if the receiving institution
288 fails to report or to make refunds to the department as required
289 in this section.
290 (a) Within 30 days after the end of regular registration
291 each semester, the educational institution shall certify to the
292 department the eligibility status of each student who receives
293 an award. After the end of the drop and add period, an
294 institution is not required to reevaluate or revise a student’s
295 eligibility status; however, an institution must make a refund
296 to the department within 30 days after the end of the semester
297 of any funds received for courses dropped by a student or
298 courses from which a student has withdrawn after the end of the
299 drop and add period, unless the student has been granted an
300 exception by the department pursuant to subsection (11).
301 (b) An institution that receives funds from the program for
302 the fall and spring terms shall certify to the department the
303 amount of funds disbursed to each student and shall remit to the
304 department any undisbursed advances within 60 days after the end
305 of regular registration. An institution that receives funds from
306 the program for the summer term shall certify to the department
307 the amount of funds disbursed to each student and shall remit to
308 the department any undisbursed advances within 30 days after the
309 end of the summer term.
310 (c) Each institution that receives moneys through this
311 program shall provide for a financial audit, as defined in s.
312 11.45, conducted by an independent certified public accountant
313 or the Auditor General for each fiscal year in which the
314 institution expends program moneys in excess of $100,000. At
315 least every 2 years, the audit shall include an examination of
316 the institution’s administration of the program and the
317 institution’s accounting of the moneys for the program since the
318 last examination of the institution’s administration of the
319 program. The report on the audit must be submitted to the
320 department within 9 months after the end of the fiscal year. The
321 department may conduct its own annual audit of an institution’s
322 administration of the program. The department may request a
323 refund of any moneys overpaid to the institution for the
324 program. The department may suspend or revoke an institution’s
325 eligibility to receive future moneys for the program if the
326 department finds that an institution has not complied with this
327 section. The institution must remit within 60 days any refund
328 requested in accordance with this subsection.
329 (d) Any institution that is not subject to an audit
330 pursuant to this subsection shall attest, under penalty of
331 perjury, that the moneys were used in compliance with law. The
332 attestation shall be made annually in a form and format
333 determined by the department.
334 (7) A student may receive only one type of award from the
335 Florida Bright Futures Scholarship Program at any given a time,
336 but may transfer from one type of award to another through the
337 renewal application process, if the student’s eligibility status
338 changes. However, a student is not eligible to transfer from a
339 Florida Medallion Scholarship, a Florida Gold Seal CAPE
340 Scholarship, or a Florida Gold Seal Vocational Scholarship to a
341 Florida Academic Scholarship. A student who receives an award
342 from the program may also receive a federal family education
343 loan or a federal direct loan, and the value of the award must
344 be considered in the certification or calculation of the
345 student’s loan eligibility.
346 Section 8. Section 1009.531, Florida Statutes, is amended
347 to read:
348 1009.531 Florida Bright Futures Scholarship Program;
349 student eligibility requirements for initial awards.—
350 (1) In order to be eligible for an initial award from any
351 of the three types of scholarships under the Florida Bright
352 Futures Scholarship Program, a student must:
353 (a) Be a Florida resident as defined in s. 1009.40 and
354 rules of the State Board of Education.
355 (b) Earn a standard Florida high school diploma pursuant to
356 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282 or a high school
357 equivalency diploma pursuant to s. 1003.435 unless:
358 1. The student completes a home education program according
359 to s. 1002.41; or
360 2. The student earns a high school diploma from a non
361 Florida school while living with a parent or guardian who is on
362 military or public service assignment away from Florida; or
363 3. The student earns a high school diploma from a Florida
364 private school operating pursuant to s. 1002.42.
365 (c) Be accepted by and enroll in an eligible Florida public
366 or independent postsecondary education institution.
367 (d) Be enrolled for at least 6 semester credit hours or the
368 equivalent in quarter hours or clock hours.
369 (e) Not have been found guilty of, or entered a plea of
370 nolo contendere to, a felony charge, unless the student has been
371 granted clemency by the Governor and Cabinet sitting as the
372 Executive Office of Clemency.
373 (f) Apply for a scholarship from the program by high school
374 graduation. However, a student who graduates from high school
375 midyear must apply no later than December August 31 of the
376 student’s graduation year in order to be evaluated for and, if
377 eligible, receive an award for the current academic year.
378 (2)(a) A student graduating from high school prior to the
379 2010-2011 academic year is eligible to accept an initial award
380 for 3 years following high school graduation and to accept a
381 renewal award for 7 years following high school graduation. A
382 student who applies for an award by high school graduation and
383 who meets all other eligibility requirements, but who does not
384 accept his or her award, may reapply during subsequent
385 application periods up to 3 years after high school graduation.
386 For a student who enlists in the United States Armed Forces
387 immediately after completion of high school, the 3-year
388 eligibility period for his or her initial award shall begin upon
389 the date of separation from active duty. For a student who is
390 receiving a Florida Bright Futures Scholarship and discontinues
391 his or her education to enlist in the United States Armed
392 Forces, the remainder of his or her 7-year renewal period shall
393 commence upon the date of separation from active duty.
394 (b) Students graduating from high school in the 2010-2011
395 and 2011-2012 academic years are eligible to accept an initial
396 award for 3 years following high school graduation and to accept
397 a renewal award for 5 years following high school graduation. A
398 student who applies for an award by high school graduation and
399 who meets all other eligibility requirements, but who does not
400 accept his or her award, may reapply during subsequent
401 application periods up to 3 years after high school graduation.
402 For a student who enlists in the United States Armed Forces
403 immediately after completion of high school, the 3-year
404 eligibility period for his or her initial award and the 5-year
405 renewal period shall begin upon the date of separation from
406 active duty. For a student who is receiving a Florida Bright
407 Futures Scholarship award and discontinues his or her education
408 to enlist in the United States Armed Forces, the remainder of
409 his or her 5-year renewal period shall commence upon the date of
410 separation from active duty. If a course of study is not
411 completed after 5 academic years, an exception of 1 year to the
412 renewal timeframe may be granted due to a verifiable illness or
413 other documented emergency pursuant to s. 1009.40(1)(b)4.
414 (c) A student graduating from high school in the 2012-2013
415 academic year and thereafter is eligible to receive an accept an
416 initial award for 2 years following high school graduation and
417 to accept a renewal award for 5 years following high school
418 graduation. A student who applies for an award by high school
419 graduation and who meets all other eligibility requirements, but
420 who does not accept his or her award, may reapply during
421 subsequent application periods up to 5 2 years after high school
422 graduation. For a student who enlists in the United States Armed
423 Forces immediately after completion of high school, the 2-year
424 eligibility period for his or her initial award and the 5-year
425 renewal period shall begin upon the date of separation from
426 active duty. For a student who is receiving a Florida Bright
427 Futures Scholarship award and discontinues his or her education
428 to enlist in the United States Armed Forces, the remainder of
429 his or her 5-year renewal period shall commence upon the date of
430 separation from active duty. For a student who is unable to
431 accept an initial award immediately after completion of high
432 school due to a full-time religious or service obligation
433 lasting at least 18 months which begins within 1 year after
434 completion of high school, the 2-year eligibility period for his
435 or her initial award and the 5-year renewal period begins begin
436 upon the completion of his or her religious or service
437 obligation. The organization sponsoring the full-time religious
438 or service obligation must meet the requirements for nonprofit
439 status under s. 501(c)(3) of the Internal Revenue Code or be a
440 federal government service organization, including, but not
441 limited to, the Peace Corps and AmeriCorps programs. The
442 obligation must be documented in writing and verified by the
443 entity for which the student completed the obligation on a
444 standardized form prescribed by the department. If a course of
445 study is not completed after 5 academic years, an exception of 1
446 year to the renewal timeframe may be granted due to a verifiable
447 illness or other documented emergency pursuant to s.
448 1009.40(1)(b)4.
449 (3) For purposes of calculating the grade point average to
450 be used in determining initial eligibility for a Florida Bright
451 Futures Scholarship, the department shall assign additional
452 weights to grades earned in the following courses:
453 (a) Courses identified in the course code directory as
454 Advanced Placement, pre-International Baccalaureate,
455 International Baccalaureate, International General Certificate
456 of Secondary Education (pre-AICE), or Advanced International
457 Certificate of Education.
458 (b) Courses designated as academic dual enrollment courses
459 in the statewide course numbering system.
460
461 The department may assign additional weights to courses, other
462 than those described in paragraphs (a) and (b), that are
463 identified by the Department of Education as containing rigorous
464 academic curriculum and performance standards. The additional
465 weight assigned to a course pursuant to this subsection shall
466 not exceed 0.5 per course. The weighted system shall be
467 developed and distributed to all high schools in the state prior
468 to January 1, 1998. The department may determine a student’s
469 eligibility status during the senior year before graduation and
470 may inform the student of the award at that time.
471 (4) Each school district shall annually provide to each
472 high school student in grade 11 or 12 a complete and accurate
473 Florida Bright Futures Scholarship Evaluation Report and Key.
474 The report shall be disseminated at the beginning of each school
475 year. The report must include all high school coursework
476 attempted, the number of credits earned toward each type of
477 award, and the calculation of the grade point average for each
478 award. The report must also identify all requirements not met
479 per award, including the grade point average requirement, as
480 well as identify the awards for which the student has met the
481 academic requirements. The student report cards must contain a
482 disclosure that the grade point average calculated for purposes
483 of the Florida Bright Futures Scholarship Program may differ
484 from the grade point average on the report card.
485 (5) A student who wishes to qualify for a particular award
486 within the Florida Bright Futures Scholarship Program, but who
487 does not meet all of the requirements for that level of award by
488 the applicable deadlines, may be allowed additional time to
489 complete the requirements, nevertheless, receive the award if
490 the principal of the student’s school or the district
491 superintendent verifies that the deficiency is caused by the
492 fact that school district personnel provided inaccurate or
493 incomplete information to the student. The school district must
494 provide a means for the student to correct the deficiencies and
495 the student must correct them, either by completing comparable
496 work at the postsecondary institution or by completing a
497 directed individualized study program developed and administered
498 by the school district. If the student does not complete the
499 requirements by December 31 immediately following high school
500 graduation, the student is ineligible to participate in the
501 program. If the student completes the requirements by December
502 31, the student must receive the award for the full academic
503 year, including the fall term.
504 (6)(a) The State Board of Education shall publicize the
505 examination score required for a student to be eligible for a
506 Florida Academic Scholars award, pursuant to s. 1009.534(1)(a)
507 or (b), as follows:
508 1. For high school students graduating in the 2018-2019 and
509 2019-2020 academic years, a student must achieve an SAT combined
510 score of 1290 or an ACT composite score of 29.
511 2. For high school students graduating in the 2020-2021
512 academic year and thereafter, a student must achieve the
513 required examination scores published by the department, which
514 are determined as provided in subsection (c) High school
515 students must earn an SAT score of 1290 which corresponds to the
516 89th SAT percentile rank or a concordant ACT score of 29.
517 (b) The State Board of Education shall publicize the
518 examination score required for a student to be eligible for a
519 Florida Medallion Scholars award, pursuant to s. 1009.535(1)(a)
520 or (b), as follows:
521 1. For high school students graduating in the 2018-2019 and
522 2019-2020 academic years, a student must achieve an SAT combined
523 score of 1170 or an ACT composite score of 26.
524 2. For high school students graduating in the 2020-2021
525 academic year and thereafter, a student must achieve the
526 required examination scores published by the department, which
527 are determined as provided in subsection (c) High school
528 students must earn an SAT score of 1170 which corresponds to the
529 75th SAT percentile rank or a concordant ACT score of 26.
530 (c) To ensure that the required examination scores
531 represent top student performance and are equivalent between the
532 SAT and ACT, the department shall develop a method for
533 determining the required examination scores which incorporates
534 all of the following:
535 1. The minimum required SAT score for the Florida Academic
536 Scholarship must be set no lower than the 89th national
537 percentile on the SAT. The department may adjust the required
538 SAT score only if the required score drops below the 89th
539 national percentile, and any such adjustment must be applied to
540 the bottom of the SAT score range that is concordant to the ACT.
541 2. The minimum required SAT score for the Florida Medallion
542 Scholarship must be set no lower than the 75th national
543 percentile on the SAT. The department may adjust the required
544 SAT score only if the required score drops below the 75th
545 national percentile, and any such adjustment must be made to the
546 bottom of the SAT score range that is concordant to the ACT.
547 3. The required ACT scores must be made concordant to the
548 required SAT scores, using the latest published national
549 concordance table developed jointly by the College Board and
550 ACT, Inc.
551 (d) Before each school year, the department shall publish
552 any changes to the examination score requirements that apply to
553 students graduating in the next 2 years The SAT percentile ranks
554 and corresponding SAT scores specified in paragraphs (a) and (b)
555 are based on the SAT percentile ranks for 2010 college-bound
556 seniors in critical reading and mathematics as reported by the
557 College Board. The next highest SAT score is used when the
558 percentile ranks do not directly correspond.
559 Section 9. Section 1009.532, Florida Statutes, is amended
560 to read:
561 1009.532 Florida Bright Futures Scholarship Program;
562 student eligibility requirements for renewal awards.—
563 (1) To be eligible to renew a scholarship from any of the
564 three types of scholarships under the Florida Bright Futures
565 Scholarship Program, a student must:
566 (a) Effective for students funded in the 2009-2010 academic
567 year and thereafter, earn at least 24 semester credit hours or
568 the equivalent in the last academic year in which the student
569 earned a scholarship if the student was enrolled full time, or a
570 prorated number of credit hours as determined by the Department
571 of Education if the student was enrolled less than full time for
572 any part of the academic year. For students initially eligible
573 prior to the 2010-2011 academic term, if a student fails to earn
574 the minimum number of hours required to renew the scholarship,
575 the student shall lose his or her eligibility for renewal for a
576 period equivalent to 1 academic year. Such student is eligible
577 to restore the award the following academic year if the student
578 earns the hours for which he or she was enrolled at the level
579 defined by the department and meets the grade point average for
580 renewal. A student is eligible for such restoration one time.
581 The department shall notify eligible recipients of the
582 provisions of this paragraph. Each institution shall notify
583 award recipients of the provisions of this paragraph during the
584 registration process.
585 (b) Maintain the cumulative grade point average required by
586 the scholarship program, except that:
587 1. If a recipient’s grades fall beneath the average
588 required to renew a Florida Academic Scholarship, but are
589 sufficient to renew a Florida Medallion Scholarship, a Florida
590 Gold Seal CAPE Scholarship, or a Florida Gold Seal Vocational
591 Scholarship, the Department of Education may grant a renewal
592 from one of those other scholarship programs, if the student
593 meets the renewal eligibility requirements;
594 2. For students initially eligible prior to the 2010-2011
595 academic term, if at any time during the eligibility period a
596 student’s grades are insufficient to renew the scholarship, the
597 student may restore eligibility by improving the grade point
598 average to the required level. A student is eligible for such a
599 restoration one time. The Legislature encourages education
600 institutions to assist students to calculate whether or not it
601 is possible to raise the grade point average during the summer
602 term. If the institution determines that it is possible, the
603 education institution may so inform the department, which may
604 reserve the student’s award if funds are available. The renewal,
605 however, must not be granted until the student achieves the
606 required cumulative grade point average. If the summer term is
607 not sufficient to raise the grade point average to the required
608 renewal level, the student’s next opportunity for renewal is the
609 fall semester of the following academic year; or
610 2.3. For students initially eligible in the 2010-2011
611 academic term and thereafter, if at any time during a student’s
612 first academic year the student’s grades are insufficient to
613 renew the scholarship, the student may restore eligibility by
614 improving the grade point average to the required level. A
615 student is eligible for such a restoration one time. The
616 Legislature encourages education institutions to assist students
617 to calculate whether or not it is possible to raise the grade
618 point average during the summer term. If the education
619 institution determines that it is possible, the institution may
620 so inform the department, which may reserve the student’s award
621 if funds are available. The renewal, however, must not be
622 granted until the student achieves the required cumulative grade
623 point average. If the summer term is not sufficient to raise the
624 grade point average to the required renewal level, the student’s
625 next opportunity for renewal is the fall semester of the
626 following academic year.
627 (c) Reimburse or make satisfactory arrangements to
628 reimburse the institution for the award amount received for
629 courses dropped after the end of the drop and add period or
630 courses from which the student withdraws after the end of the
631 drop and add period unless the student has received an exception
632 pursuant to s. 1009.53(11).
633 (2) For students initially eligible in the 2010-2011
634 academic term and thereafter, and unless otherwise provided in
635 this section, if a student does not meet the requirements for
636 renewal of a scholarship because of lack of completion of
637 sufficient credit hours or insufficient grades, the scholarship
638 shall be renewed only if the student failed to complete
639 sufficient credit hours or to meet sufficient grade requirements
640 due to verifiable illness or other documented emergency, in
641 which case the student may be granted an exception from academic
642 requirements pursuant to s. 1009.40(1)(b)4.
643 (3)(a) A student who is initially eligible prior to the
644 2010-2011 academic year and is enrolled in a program that
645 terminates in an associate degree or a baccalaureate degree may
646 receive an award for a maximum of 110 percent of the number of
647 credit hours required to complete the program. A student who is
648 enrolled in a program that terminates in a career certificate
649 may receive an award for a maximum of 110 percent of the credit
650 hours or clock hours required to complete the program up to 90
651 credit hours.
652 (b) Students who are initially eligible in the 2010-2011
653 and 2011-2012 academic years may receive an award for a maximum
654 of 100 percent of the number of credit hours required to
655 complete an associate degree program or a baccalaureate degree
656 program or receive an award for a maximum of 100 percent of the
657 credit hours or clock hours required to complete up to 90 credit
658 hours of a program that terminates in a career certificate.
659 (a)(c) A student who is initially eligible in the 2012-2013
660 academic year and thereafter may receive an award for a maximum
661 of 100 percent of the number of credit hours required to
662 complete an associate degree program, a baccalaureate degree
663 program, or a postsecondary career certificate program or, for a
664 Florida Gold Seal Vocational Scholars award, may receive an
665 award for a maximum of 100 percent of the number of credit hours
666 or equivalent clock hours required to complete one of the
667 following at a Florida public or nonpublic education institution
668 that offers these specific programs: for an applied technology
669 diploma program as defined in s. 1004.02(7), up to 60 credit
670 hours or equivalent clock hours; for a technical degree
671 education program as defined in s. 1004.02(13), up to the number
672 of hours required for a specific degree not to exceed 72 credit
673 hours or equivalent clock hours; or for a career certificate
674 program as defined in s. 1004.02(20), up to the number of hours
675 required for a specific certificate not to exceed 72 credit
676 hours or equivalent clock hours. A student who transfers from
677 one of these program levels to another program level becomes
678 eligible for the higher of the two credit hour limits.
679 (b)(d)1. A student who is initially eligible in the 2017
680 2018 academic year and thereafter for a Florida Gold Seal CAPE
681 Scholars award under s. 1009.536(2) may receive an award for a
682 maximum of 100 percent of the number of credit hours or
683 equivalent clock hours required to complete one of the following
684 at a Florida public or nonpublic education institution that
685 offers these specific programs: for an applied technology
686 diploma program as defined in s. 1004.02(7), up to 60 credit
687 hours or equivalent clock hours; for a technical degree
688 education program as defined in s. 1004.02(13), up to the number
689 of hours required for a specific degree, not to exceed 72 credit
690 hours or equivalent clock hours; or for a career certificate
691 program as defined in s. 1004.02(20), up to the number of hours
692 required for a specific certificate, not to exceed 72 credit
693 hours or equivalent clock hours. A student who transfers from
694 one of these program levels to another program level is eligible
695 for the higher of the two credit hour limits.
696 2. A Florida Gold Seal CAPE Scholar who completes a
697 technical degree education program as defined in s. 1004.02(13)
698 may also receive an award for:
699 a. A maximum of 60 credit hours for a bachelor of science
700 degree program for which there is a statewide associate in
701 science degree program to bachelor of science degree program
702 articulation agreement; or
703 b. A maximum of 60 credit hours for a bachelor of applied
704 science degree program at a Florida College System institution.
705 (4) A student who receives an initial award during the
706 spring term shall be evaluated for scholarship renewal after the
707 completion of a full academic year, which begins with the fall
708 term.
709 (5) A student who receives an award and is subsequently
710 determined ineligible due to updated grade or hour information
711 may not receive a disbursement for a subsequent term, unless the
712 student successfully restores the award.
713 Section 10. Subsections (3), (4), and (5) of section
714 1009.536, Florida Statutes, are amended to read:
715 1009.536 Florida Gold Seal Vocational Scholars and Florida
716 Gold Seal CAPE Scholars awards.—The Florida Gold Seal Vocational
717 Scholars award and the Florida Gold Seal CAPE Scholars award are
718 created within the Florida Bright Futures Scholarship Program to
719 recognize and reward academic achievement and career preparation
720 by high school students who wish to continue their education.
721 (3) A Florida Gold Seal Vocational Scholar or a Florida
722 Gold Seal CAPE Scholar who is enrolled in a public or nonpublic
723 postsecondary education institution is eligible for an award
724 equal to the amount specified in the General Appropriations Act
725 to assist with the payment of educational expenses.
726 (4) To be eligible for a renewal award as a Florida Gold
727 Seal Vocational Scholar or a Florida Gold Seal CAPE Scholar, a
728 student must maintain the equivalent of a cumulative grade point
729 average of 2.75 on a 4.0 scale with an opportunity for
730 restoration one time as provided in this chapter.
731 (5)(a) A student who is initially eligible prior to the
732 2010-2011 academic year may earn a Florida Gold Seal Vocational
733 Scholarship for 110 percent of the number of credit hours
734 required to complete the program, up to 90 credit hours or the
735 equivalent.
736 (b) Students who are initially eligible in the 2010-2011
737 and 2011-2012 academic years may earn a Florida Gold Seal
738 Vocational Scholarship for 100 percent of the number of credit
739 hours required to complete the program, up to 90 credit hours or
740 the equivalent.
741 (c) A student who is initially eligible in the 2012-2013
742 academic year and thereafter may earn a Florida Gold Seal
743 Vocational Scholarship for a maximum of 100 percent of the
744 number of credit hours or equivalent clock hours required to
745 complete one of the following at a Florida public or nonpublic
746 education institution that offers these specific programs: for
747 an applied technology diploma program as defined in s.
748 1004.02(7), up to 60 credit hours or equivalent clock hours; for
749 a technical degree education program as defined in s.
750 1004.02(13), up to the number of hours required for a specific
751 degree not to exceed 72 credit hours or equivalent clock hours;
752 or for a career certificate program as defined in s.
753 1004.02(20), up to the number of hours required for a specific
754 certificate not to exceed 72 credit hours or equivalent clock
755 hours.
756 (b)(d)1. A student who is initially eligible in the 2017
757 2018 academic year and thereafter for a Florida Gold Seal CAPE
758 Scholars award under subsection (2) may receive an award for a
759 maximum of 100 percent of the number of credit hours or
760 equivalent clock hours required to complete one of the following
761 at a Florida public or nonpublic education institution that
762 offers these specific programs: for an applied technology
763 diploma program as defined in s. 1004.02(7), up to 60 credit
764 hours or equivalent clock hours; for a technical degree
765 education program as defined in s. 1004.02(13), up to the number
766 of hours required for a specific degree, not to exceed 72 credit
767 hours or equivalent clock hours; or for a career certificate
768 program as defined in s. 1004.02(20), up to the number of hours
769 required for a specific certificate, not to exceed 72 credit
770 hours or equivalent clock hours. A student who transfers from
771 one of these program levels to another program level is eligible
772 for the higher of the two credit hour limits.
773 2. A Florida Gold Seal CAPE Scholar who completes a
774 technical degree education program as defined in s. 1004.02(13)
775 may also receive an award for:
776 a. A maximum of 60 credit hours for a bachelor of science
777 degree program for which there is a statewide associate in
778 science degree program to bachelor of science degree program
779 articulation agreement; or
780 b. A maximum of 60 credit hours for a bachelor of applied
781 science degree program at a Florida College System institution.
782 Section 11. Section 1011.45, Florida Statutes, is amended
783 to read:
784 1011.45 End of year balance of funds.—Unexpended amounts in
785 any fund in a university current year operating budget shall be
786 carried forward and included as the balance forward for that
787 fund in the approved operating budget for the following year.
788 (1) Each university shall maintain a minimum carry forward
789 balance of at least 7 percent of its state operating budget. If
790 a university fails to maintain a 7 percent balance in state
791 operating funds, the university shall submit a plan to the Board
792 of Governors to attain the minimum percent balance of state
793 operating funds within the next fiscal year.
794 (2) Each university that retains a state operating fund
795 carry forward balance in excess of the 7 percent minimum shall
796 submit a spending plan for its excess carry forward balance. The
797 spending plan shall be submitted to the university’s board of
798 trustees for approval and publishing by September 1, 2019, and
799 each September 1 thereafter. The Board of Governors shall
800 publish each university’s carry forward spending plan by October
801 1, 2019, and each October 1 thereafter.
802 (3) A university’s carry forward spending plan shall
803 include the estimated cost per planned expenditure and a
804 timeline for completion of the expenditure, when appropriate.
805 Authorized expenditures in a carry forward spending plan may
806 include:
807 (a) Commitment of funds to a public education capital
808 outlay project for which an appropriation was previously
809 provided that requires additional funds for completion and which
810 is included in the list required by s. 1001.706(12)(d);
811 (b) Completion of a renovation, repair, or maintenance
812 project that is consistent with the provisions of s. 1013.64(1),
813 up to $5 million per project;
814 (c) Completion of a remodeling or infrastructure project,
815 including a project for a development research school, up to $10
816 million per project, if such project is survey recommended
817 pursuant to s. 1013.31;
818 (d) Completion of a repair or replacement project necessary
819 due to damage caused by a natural disaster for buildings
820 included in the inventory required pursuant to s. 1013.31;
821 (e) Operating expenditures that support the university
822 mission and that are nonrecurring; and
823 (f) Any purpose approved by the board or specified in the
824 General Appropriations Act.
825 (4) Annually, by August 15, the chief financial officer of
826 each university shall certify the unexpended amount of funds
827 appropriated to the university from the General Revenue Fund,
828 the Educational Enhancement Trust Fund, and the
829 Education/General Student and Other Fees Trust Fund as of June
830 30 of the previous fiscal year.
831 Section 12. Paragraph (b) of subsection (6) of section
832 1011.80, Florida Statutes, is amended to read:
833 1011.80 Funds for operation of workforce education
834 programs.—
835 (6)
836 (b) Performance funding for industry certifications for
837 school district workforce education programs is contingent upon
838 specific appropriation in the General Appropriations Act and
839 shall be determined as follows:
840 1. Occupational areas for which industry certifications may
841 be earned, as established in the General Appropriations Act, are
842 eligible for performance funding. Priority shall be given to the
843 occupational areas emphasized in state, national, or corporate
844 grants provided to Florida educational institutions.
845 2. The Chancellor of Career and Adult Education shall
846 identify the industry certifications eligible for funding on the
847 CAPE Postsecondary Industry Certification Funding List approved
848 by the State Board of Education pursuant to s. 1008.44, based on
849 the occupational areas specified in the General Appropriations
850 Act.
851 3. Each school district shall be provided $1,000 for each
852 industry certification earned by a workforce education student.
853 The maximum amount of funding appropriated for performance
854 funding pursuant to this paragraph shall be limited to $15
855 million annually. If funds are insufficient to fully fund the
856 calculated total award, such funds shall be prorated.
857 Section 13. Paragraph (c) of subsection (2) of section
858 1011.81, Florida Statutes, is amended to read:
859 1011.81 Florida College System Program Fund.—
860 (2) Performance funding for industry certifications for
861 Florida College System institutions is contingent upon specific
862 appropriation in the General Appropriations Act and shall be
863 determined as follows:
864 (c) Each Florida College System institution shall be
865 provided $1,000 for each industry certification earned by a
866 student. The maximum amount of funding appropriated for
867 performance funding pursuant to this subsection shall be limited
868 to $15 million annually. If funds are insufficient to fully fund
869 the calculated total award, such funds shall be prorated.
870 Section 14. Paragraph (e) of subsection (3) of section
871 1011.84, Florida Statutes, is amended to read:
872 1011.84 Procedure for determining state financial support
873 and annual apportionment of state funds to each Florida College
874 System institution district.—The procedure for determining state
875 financial support and the annual apportionment to each Florida
876 College System institution district authorized to operate a
877 Florida College System institution under the provisions of s.
878 1001.61 shall be as follows:
879 (3) DETERMINING THE APPORTIONMENT FROM STATE FUNDS.—
880 (e) If at any time the unencumbered balance in the general
881 fund of the Florida College System institution board of trustees
882 approved operating budget goes below 7 5 percent, the president
883 shall provide written notification to the State Board of
884 Education. Annually, by August 15, the chief financial officer
885 of each Florida College System institution shall certify the
886 unexpended amount of state funds remaining in the general fund
887 of an institution as of June 30 of the previous fiscal year.
888 Section 15. Subsection (2) of section 1013.03, Florida
889 Statutes, is amended to read:
890 1013.03 Functions of the department and the Board of
891 Governors.—The functions of the Department of Education as it
892 pertains to educational facilities of school districts and
893 Florida College System institutions and of the Board of
894 Governors as it pertains to educational facilities of state
895 universities shall include, but not be limited to, the
896 following:
897 (2) Establish, for the purpose of determining need,
898 equitably uniform utilization standards for all types of like
899 space, regardless of the level of education, that includes
900 standards for post-secondary classroom and teaching laboratory
901 space. These standards shall also establish, for postsecondary
902 education classrooms, a minimum room utilization rate of 40
903 hours per week and a minimum station utilization rate of 60
904 percent. These rates shall be subject to increase based on
905 national norms for utilization of postsecondary education
906 classrooms. The State Board of Education and the Board of
907 Governors shall adopt standards, with justification, for use in
908 each Florida College System institution’s survey and state
909 university’s survey, respectively, as applied pursuant to s.
910 1013.31.
911 (a) The boards must define and apply, at minimum, the
912 following space utilization metrics when calculating space need:
913 1. For postsecondary education classroom space, a minimum
914 room utilization rate and a minimum station utilization rate.
915 2. For postsecondary education nonvocational, teaching
916 laboratory space, a minimum room utilization rate and a minimum
917 station utilization rate.
918 (b) Each state university and Florida College System
919 institution shall determine full-time equivalent enrollment
920 estimate adjustments to account for online students.
921 (c) By January 1, 2021, the Board of Governors for state
922 universities and the State Board of Education for Florida
923 College System institutions shall each provide on its website
924 the most recent summary survey data by state university or
925 Florida College System institution, as applicable, showing space
926 needs met for each campus by type of space. The format shall be
927 consistent across all state universities and all Florida College
928 System institutions.
929 Section 16. Paragraph (c) of subsection (1) of section
930 1013.31, Florida Statutes, is amended to read:
931 1013.31 Educational plant survey; localized need
932 assessment; PECO project funding.—
933 (1) At least every 5 years, each board shall arrange for an
934 educational plant survey, to aid in formulating plans for
935 housing the educational program and student population, faculty,
936 administrators, staff, and auxiliary and ancillary services of
937 the district or campus, including consideration of the local
938 comprehensive plan. The Department of Education shall document
939 the need for additional career and adult education programs and
940 the continuation of existing programs before facility
941 construction or renovation related to career or adult education
942 may be included in the educational plant survey of a school
943 district or Florida College System institution that delivers
944 career or adult education programs. Information used by the
945 Department of Education to establish facility needs must
946 include, but need not be limited to, labor market data, needs
947 analysis, and information submitted by the school district or
948 Florida College System institution.
949 (c) Required need assessment criteria for district, Florida
950 College System institution, state university, and Florida School
951 for the Deaf and the Blind plant surveys.—Educational plant
952 surveys must use uniform data sources and criteria specified in
953 this paragraph. Each revised educational plant survey and each
954 new educational plant survey supersedes previous surveys.
955 1. The school district’s survey must be submitted as a part
956 of the district educational facilities plan defined in s.
957 1013.35. To ensure that the data reported to the Department of
958 Education as required by this section is correct, the department
959 shall annually conduct an onsite review of 5 percent of the
960 facilities reported for each school district completing a new
961 survey that year. If the department’s review finds the data
962 reported by a district is less than 95 percent accurate, within
963 1 year from the time of notification by the department the
964 district must submit revised reports correcting its data. If a
965 district fails to correct its reports, the commissioner may
966 direct that future fixed capital outlay funds be withheld until
967 such time as the district has corrected its reports so that they
968 are not less than 95 percent accurate.
969 2. Each survey of a special facility, joint-use facility,
970 or cooperative career education facility must be based on
971 capital outlay full-time equivalent student enrollment data
972 prepared by the department for school districts and Florida
973 College System institutions and by the Chancellor of the State
974 University System for universities. A survey of space needs of a
975 joint-use facility shall be based upon the respective space
976 needs of the school districts, Florida College System
977 institutions, and universities, as appropriate. Projections of a
978 school district’s facility space needs may not exceed the norm
979 space and occupant design criteria established by the State
980 Requirements for Educational Facilities.
981 3. Each Florida College System institution’s survey must
982 reflect the capacity of existing facilities as specified in the
983 inventory maintained by the Department of Education. Projections
984 of facility space needs must comply with standards for
985 determining space needs as specified by rule of the State Board
986 of Education, consistent with the standards and metrics adopted
987 pursuant to s. 1013.03(2)(a). The 5-year projection of capital
988 outlay student enrollment must be consistent with the annual
989 report of capital outlay full-time student enrollment prepared
990 by the Department of Education.
991 4. Each state university’s survey must reflect the capacity
992 of existing facilities as specified in the inventory maintained
993 and validated by the Chancellor of the State University System.
994 Projections of facility space needs must be consistent with
995 standards for determining space needs as specified by regulation
996 of the Board of Governors, consistent with the standards and
997 metrics adopted pursuant to s. 1013.03(2)(a). The projected
998 capital outlay full-time equivalent student enrollment must be
999 consistent with the 5-year planned enrollment cycle for the
1000 State University System approved by the Board of Governors.
1001 5. The district educational facilities plan of a school
1002 district and the educational plant survey of a Florida College
1003 System institution, state university, or the Florida School for
1004 the Deaf and the Blind may include space needs that deviate from
1005 approved standards for determining space needs if the deviation
1006 is justified by the district or institution and approved by the
1007 department or the Board of Governors, as appropriate, as
1008 necessary for the delivery of an approved educational program.
1009 Section 17. Subsections (2) and (3) of section 1013.60,
1010 Florida Statutes, are renumbered as subsections (3) and (4),
1011 respectively, subsection (1) of that section is amended, and a
1012 new subsection (2) is added to that section, to read:
1013 1013.60 Legislative capital outlay budget request.—
1014 (1) The Commissioner of Education shall develop a budget
1015 request allocation plan procedure deemed appropriate in arriving
1016 at the appropriate amounts required to fund each project
1017 projects as reflected in the integrated, comprehensive budget
1018 request required by this section. The official estimates for
1019 funds accruing to the Public Education Capital Outlay and Debt
1020 Service Trust Fund made by the Revenue Estimating Conference
1021 shall be used in determining the budget request pursuant to this
1022 section. The commissioner, in consultation with the
1023 appropriations committees of the Legislature, shall provide
1024 annually an estimate of funds that shall be utilized by Florida
1025 College System institutions and universities in developing their
1026 required 3-year prioritized priority lists pursuant to s.
1027 1013.64.
1028 (2) The commissioner shall include with the submission of
1029 each updated budget request allocation plan an assessment over
1030 the 3 years of the plan of the amount of state funding needed to
1031 complete previously funded projects compared to the amount of
1032 funds provided in the Public Education Capital Outlay and Debt
1033 Service Trust Fund for projects funded in a prior year and which
1034 require additional state funds for completion.
1035 Section 18. Paragraph (a) of subsection (4) of section
1036 1013.64, Florida Statutes, is amended, and paragraphs (i) and
1037 (j) are added to subsection (1) of that section, to read:
1038 1013.64 Funds for comprehensive educational plant needs;
1039 construction cost maximums for school district capital
1040 projects.—Allocations from the Public Education Capital Outlay
1041 and Debt Service Trust Fund to the various boards for capital
1042 outlay projects shall be determined as follows:
1043 (1)
1044 (i) The Board of Governors shall specify by regulation the
1045 procedures for the reporting of funds appropriated or expended
1046 pursuant to this section or s. 1011.45. Each university shall
1047 report the amounts expended by the university from all sources,
1048 including, but not limited to, the Public Education Capital
1049 Outlay and Debt Service Trust Fund and carry forward funds.
1050 (j) The State Board of Education shall specify by rule the
1051 procedures for the reporting of funds appropriated or expended
1052 pursuant to this section or s. 1013.841. Each Florida College
1053 System institution shall report the amounts expended by the
1054 institution from all sources, including, but not limited to, the
1055 Public Education Capital Outlay and Debt Service Trust Fund and
1056 carry forward funds.
1057 (4)(a) Florida College System institution boards of
1058 trustees and university boards of trustees shall receive funds
1059 for projects based on a 3-year prioritized priority list, to be
1060 updated annually, which is submitted to the Legislature in the
1061 legislative budget request at least 90 days before prior to the
1062 legislative session. The State Board of Education shall submit a
1063 3-year prioritized priority list for Florida College System
1064 institutions, and the Board of Governors shall submit a 3-year
1065 prioritized priority list for universities to the Legislature
1066 not later than 60 days before each regular legislative session
1067 which shall be updated upon request after subsequent estimating
1068 conferences. The sum of each year’s project lists must consider
1069 the total amount to be distributed for construction and
1070 renovation provided for each year pursuant to the 3-year budget
1071 request allocation plan developed by the Commissioner of
1072 Education pursuant to s. 1013.60. The lists shall reflect
1073 decisions by the State Board of Education pursuant to s. 1001.03
1074 for Florida College System institutions and the Board of
1075 Governors pursuant to s. 1001.706 for state universities
1076 concerning program priorities that implement the statewide plan
1077 for program growth and quality improvement in education. No
1078 remodeling or renovation project shall be included on the 3-year
1079 priority list unless the project has been recommended pursuant
1080 to s. 1013.31 or is for the purpose of correcting health and
1081 safety deficiencies. No new construction project shall be
1082 included on the first year of the 3-year priority list unless
1083 the educational specifications have been approved by the
1084 commissioner for a Florida College System institution project or
1085 by the Board of Governors for a university project, as
1086 applicable. The funds requested for a new construction project
1087 in the first year of the 3-year priority list shall be in
1088 conformance with the scope of the project as defined in the
1089 educational specifications. Any new construction project
1090 requested in the first year of the 3-year priority list which is
1091 not funded by the Legislature shall be carried forward to be
1092 listed first in developing the updated 3-year priority list for
1093 the subsequent year’s capital outlay budget. Should the order of
1094 the priority of the projects change from year to year, a
1095 justification for such change shall be included with the updated
1096 priority list.
1097 Section 19. Section 1013.841, Florida Statutes, is created
1098 to read:
1099 1013.841 End of year balance of Florida College System
1100 institution funds.—
1101 (1) Unexpended amounts in any fund in any Florida College
1102 System institution current year state operating budget shall be
1103 carried forward and included as the balance forward for that
1104 fund in the approved operating budget for the following year.
1105 (2)(a) Each Florida College System institution with a final
1106 FTE less than 15,000 for the prior year shall maintain a minimum
1107 carry forward balance of at least 5 percent of its state
1108 operating budget. If a Florida College System institution fails
1109 to maintain a 5 percent balance in state operating funds, the
1110 president shall provide written notification to the State Board
1111 of Education.
1112 (b) Each Florida College System institution with a final
1113 FTE less than 15,000 for the prior year that retains a state
1114 operating fund carry forward balance in excess of the 5 percent
1115 minimum shall submit a spending plan for its excess carry
1116 forward balance. The spending plan shall include all excess
1117 carry forward funds from state operating funds. The spending
1118 plan shall be submitted to the Florida College System
1119 institution’s board of trustees for approval and publishing by
1120 September 1, 2019, and each September 1 thereafter.
1121 (3)(a) Each Florida College System institution with a final
1122 FTE of 15,000 or greater for the prior year shall maintain a
1123 minimum carry forward balance of at least 7 percent of its state
1124 operating budget. If a Florida College System institution fails
1125 to maintain a 7 percent balance in state operating funds, the
1126 institution shall submit a plan to the State Board of Education
1127 to attain the minimum balance.
1128 (b) Each Florida College System institution with a final
1129 FTE of 15,000 or greater for the prior year that retains a state
1130 operating fund carry forward balance in excess of the 7 percent
1131 minimum shall submit a spending plan for its excess carry
1132 forward balance. The spending plan shall include all excess
1133 carry forward funds from state operating funds. The spending
1134 plan shall be submitted to the Florida College System
1135 institution’s board of trustees for approval and publishing by
1136 September 1, 2019, and each September 1 thereafter. The Florida
1137 College System institution shall submit approved plans to the
1138 State Board of Education for publication and review by October
1139 1, 2019, and each October 1 thereafter.
1140 (4) A Florida College System institution identified in
1141 paragraph (3)(a) must include in its carry forward spending plan
1142 the estimated cost per planned expenditure and a timeline for
1143 completion of the expenditure. Authorized expenditures in a
1144 carry forward spending plan may include:
1145 (a) Commitment of funds to a public education capital
1146 outlay project for which an appropriation was previously
1147 provided, which requires additional funds for completion, and
1148 which is included in the list required by s. 1001.03(18)(d);
1149 (b) Completion of a renovation, repair, or maintenance
1150 project that is consistent with the provisions of s. 1013.64(1),
1151 up to $5 million per project;
1152 (c) Completion of a remodeling or infrastructure project,
1153 up to $10 million per project, if such project is survey
1154 recommended pursuant to s. 1013.31;
1155 (d) Completion of a repair or replacement project necessary
1156 due to damage caused by a natural disaster for buildings
1157 included in the inventory required pursuant to s. 1013.31; and
1158 (e) Operating expenditures that support the Florida College
1159 System institution’s mission which are nonrecurring.
1160 (f) Any purpose approved by the state board or specified in
1161 the General Appropriations Act.
1162 Section 20. By December 1, 2020, all survey recommended
1163 projects for each state university and Florida College System
1164 institution shall be reviewed and revised to incorporate the
1165 updated space need calculation requirements as specified in s.
1166 1013.31(1)(c), Florida Statutes.
1167 Section 21. This act shall take effect July 1, 2019.
1168
1169 ================= T I T L E A M E N D M E N T ================
1170 And the title is amended as follows:
1171 Delete everything before the enacting clause
1172 and insert:
1173 A bill to be entitled
1174 An act relating to higher education; amending s.
1175 11.45, F.S.; requiring the Auditor General to verify
1176 the accuracy of unexpended amounts in specified funds
1177 certified by university and Florida College System
1178 institution chief financial officers; amending s.
1179 216.136, F.S.; requiring the Revenue Estimating
1180 Conference to provide a maximum appropriation estimate
1181 assuming the full utilization of bonding; requiring
1182 the conference to determine maximum appropriations
1183 assuming average bonding capacities for specified
1184 years; providing an expiration date; amending s.
1185 1001.03, F.S.; requiring the State Board of Education
1186 to develop a prioritized list of capital projects
1187 based on previously funded but not completed projects
1188 and ranked priorities for Florida College System
1189 institutions; requiring the State Board of Education
1190 to develop a points-based prioritization method to
1191 rank projects based on specified criteria; requiring
1192 weighted values within the point scale; specifying
1193 that specified new projects at a Florida College
1194 System institution with a final FTE of 15,000 or
1195 greater must satisfy specified criteria; providing an
1196 exemption; requiring the State Board of Education to
1197 maintain a list of capital outlay projects for which
1198 state funds have been appropriated but which have not
1199 been completed; requiring the State Board of Education
1200 to review and submit its space need calculation
1201 methodology; amending s. 1001.706, F.S.; requiring the
1202 Board of Governors to develop a prioritized list of
1203 capital projects based on previously funded but not
1204 completed projects and ranked priorities at state
1205 universities; requiring the Board of Governors to
1206 develop a points-based prioritization method to rank
1207 projects based on specified criteria; requiring
1208 weighted values within the point scale; specifying
1209 that specified new projects at a university with a
1210 final FTE of 2,000 or less, or a final FTE of 2,000 or
1211 greater in the prior year must satisfy specified
1212 criteria; requiring the Board of Governors to maintain
1213 a list of capital outlay projects for which state
1214 funds have been appropriated but which have not been
1215 completed; requiring the Board of Governors to review
1216 and submit its space need calculation methodology;
1217 amending s. 1004.70, F.S.; prohibiting a Florida
1218 College System institution direct-support organization
1219 from giving, directly or indirectly, any gift to a
1220 political committee; amending s. 1009.215, F.S.;
1221 revising the academic terms in which certain students
1222 are eligible to receive Bright Futures Scholarships;
1223 providing that such students may receive the
1224 scholarships for the fall term for specified
1225 coursework under certain circumstances; amending s.
1226 1009.53, F.S.; removing a requirement for a Florida
1227 high school graduate to enroll in certain programs
1228 within 3 years of graduation from high school in order
1229 to receive funds from the Florida Bright Futures
1230 Scholarship Program; expanding the Florida Bright
1231 Futures Scholarship Program to include the Florida
1232 Gold Seal CAPE Scholarship; conforming provisions to
1233 changes made by the act; removing a limitation of 45
1234 semester credit hours or the equivalent for an annual
1235 award for the scholarship program; requiring an
1236 institution that receives scholarship funds for summer
1237 terms to certify to the department certain funding
1238 information and remit any undisbursed funds within a
1239 specified time; amending s. 1009.531, F.S.; expanding
1240 the eligibility for an initial award of a scholarship
1241 under the Florida Bright Futures Scholarship Program
1242 to include students who earn a high school diploma
1243 from a private school; modifying the date by which
1244 certain students must apply for a scholarship under
1245 the program; deleting provisions relating to
1246 scholarship eligibility and application requirements
1247 for certain students who graduated from high school
1248 during specified years; extending the amount of time
1249 in which a student may reapply for an award to 5 years
1250 after high school graduation; extending the amount of
1251 time in which a student who enlists in the United
1252 States Armed Forces immediately after high school may
1253 apply for an award to 5 years after separation from
1254 active duty; providing that a student who is unable to
1255 accept an initial award due to a religious or service
1256 obligation may apply for an award within 5 years after
1257 the completion of his or her religious or service
1258 obligation; requiring that school districts provide a
1259 Florida Bright Futures Scholarship Evaluation Report
1260 and Key only to students in specified grades; allowing
1261 a student who does not meet certain requirements for a
1262 program award additional time to meet such
1263 requirements under certain conditions; providing that
1264 such students who timely meet the requirements must
1265 receive an award for the full academic year; revising
1266 the minimum examination scores required for a student
1267 to be eligible for a Florida Academic Scholars award
1268 or a Florida Medallion Scholars award; requiring the
1269 Department of Education to develop a method for
1270 determining the required examination scores which
1271 ensures equivalency between specified examinations and
1272 is consistent with specified limitations; requiring
1273 the department to publish any changes to examination
1274 score requirements; conforming a provision to changes
1275 made by the act; amending s. 1009.532, F.S.; revising
1276 student eligibility requirements for renewal of
1277 Florida Bright Futures Scholarship Program awards;
1278 removing obsolete language; conforming provisions to
1279 changes made by the act; amending s. 1009.536, F.S.;
1280 permitting certain Florida Gold Seal CAPE Scholars to
1281 receive an award from a specified funding source;
1282 providing grade point average requirements for Florida
1283 Gold Seal CAPE Scholars; removing limitations for
1284 certain academic years on the number of credit hours
1285 to which a student may apply a Florida Gold Seal
1286 Vocational Scholarship; amending s. 1011.45, F.S.;
1287 requiring each state university to maintain a minimum
1288 carry forward balance of at least 7 percent of its
1289 state operating budget; requiring a university that
1290 fails to maintain such balance to submit a plan to the
1291 Board of Governors to attain the minimum balance;
1292 requiring each university with a carry forward balance
1293 in excess of 7 percent to submit a spending plan to
1294 the university board of trustees; specifying
1295 requirements and authorized expenditures in such
1296 spending plan; requiring each university chief
1297 financial officer to certify the unexpended amount of
1298 carry forward amounts from specified funds; amending
1299 s. 1011.80, F.S.; removing a limitation on the maximum
1300 amount of funding that may be appropriated for
1301 performance funding relating to funds for operation of
1302 workforce education programs; amending s. 1011.81,
1303 F.S.; removing a limitation on the maximum amount of
1304 funding that may be appropriated for performance
1305 funding relating to industry certifications for
1306 Florida College System institutions; amending s.
1307 1011.84, F.S.; modifying the threshold the
1308 unencumbered balance at a Florida College System
1309 institution operating budget to 7 percent; requiring
1310 each Florida College System institution chief
1311 financial officer to certify the unexpended amount of
1312 carry forward amounts from specified funds; amending
1313 s. 1013.03, F.S.; requiring the State Board of
1314 Education and the Board of Governors to establish
1315 uniform space utilization standards that include
1316 standards for post-secondary classroom and teaching
1317 laboratory space; requiring the State Board of
1318 Education and the Board of Governors to adopt
1319 standards for use in each Florida College System
1320 institution’s and state university’s survey; requiring
1321 the State Board of Education and the Board of
1322 Governors to define and apply specified space
1323 utilization metrics when calculating space need;
1324 amending s. 1013.31, F.S.; requiring projections for
1325 facility space needs for each Florida College System
1326 institution to comply with specified space needs
1327 utilization standards and metrics; requiring
1328 projections for facility space needs for each state
1329 university to comply with specified space needs
1330 utilization standards and metrics; amending s.
1331 1013.60, F.S.; requiring the Commissioner of Education
1332 to develop a budget request allocation plan for a
1333 specified purpose; establishing requirements for the
1334 budget request allocation plan to include an
1335 assessment over the 3 years of the plan of the amount
1336 of state funding needed to complete previously funded
1337 projects; amending s. 1013.64, F.S.; requiring the
1338 Board of Governors to specify by regulation the
1339 procedures for reporting or expending specified funds;
1340 requiring each university to report expended amounts
1341 from all sources; requiring the State Board of
1342 Education to specify by rule the procedures for the
1343 reporting of specified funds appropriated or expended;
1344 establishing a timeframe by which the State Board of
1345 Education and Board of Governors must update the
1346 capital outlay project list, with specified criteria;
1347 creating s. 1013.841, F.S.; authorizing unexpended
1348 amounts in any fund in any Florida College System
1349 institution current year state operating budget to be
1350 carried forward and included in the approved operating
1351 budget for the following year; requiring each Florida
1352 College System institution with a final FTE of less
1353 than 15,000 to maintain a minimum carry forward
1354 balance of at least 5 percent of its state operating
1355 budget; requiring each Florida College System
1356 institution president, if the institution fails to
1357 maintain such balance, to provide written notification
1358 to the State Board of Education; requiring each
1359 Florida College System institution with a final FTE of
1360 less than 15,000 that retains a state operating fund
1361 carry forward balance in excess of 5 percent to submit
1362 a spending plan for its excess carry forward funds
1363 with specified requirements; requiring each Florida
1364 College System institution with a final FTE of 15,000
1365 or greater to maintain a minimum carry forward balance
1366 of at least 7 percent of its state operating budget;
1367 requiring each Florida College System institution with
1368 a final FTE of 15,000 or greater that retains a state
1369 operating fund carry forward balance in excess 7
1370 percent to submit a spending plan for its excess carry
1371 forward funds with specified requirements; requiring
1372 that state university and Florida College System
1373 institution project surveys must utilize updated space
1374 need calculations; providing an effective date.