Florida Senate - 2019                              CS for SB 190
       
       
        
       By the Committee on Appropriations; and Senator Stargel
       
       
       
       
       
       576-04590-19                                           2019190c1
    1                        A bill to be entitled                      
    2         An act relating to higher education; amending s.
    3         11.45, F.S.; requiring the Auditor General to verify
    4         the accuracy of unexpended amounts in specified funds
    5         certified by university and Florida College System
    6         institution chief financial officers; amending s.
    7         216.136, F.S.; requiring the Revenue Estimating
    8         Conference to provide a maximum appropriation estimate
    9         assuming the full utilization of bonding; requiring
   10         the conference to determine maximum appropriations
   11         assuming average bonding capacities for specified
   12         years; providing an expiration date; amending s.
   13         1001.03, F.S.; requiring the State Board of Education
   14         to develop a prioritized list of capital projects
   15         based on previously funded but not completed projects
   16         and ranked priorities for Florida College System
   17         institutions; requiring the State Board of Education
   18         to develop a points-based prioritization method to
   19         rank projects based on specified criteria; requiring
   20         weighted values within the point scale; specifying
   21         that specified new projects at a Florida College
   22         System institution with a final FTE of 15,000 or
   23         greater must satisfy specified criteria; providing an
   24         exemption; requiring the State Board of Education to
   25         maintain a list of capital outlay projects for which
   26         state funds have been appropriated but which have not
   27         been completed; requiring the State Board of Education
   28         to review and submit its space need calculation
   29         methodology; amending s. 1001.706, F.S.; requiring the
   30         Board of Governors to develop and annually deliver a
   31         training program for members of state university
   32         boards of trustees; requiring trustee participation
   33         within a specified timeframe of appointment and
   34         reappointment; requiring the inclusion of certain
   35         information in the training program; providing that a
   36         determination by specified persons in addition to the
   37         Board of Governors may cause the Office of the
   38         Inspector General to investigate specified allegations
   39         against a state university or its board of trustees;
   40         requiring the Board of Governors to develop a
   41         prioritized list of capital projects based on
   42         previously funded but not completed projects and
   43         ranked priorities at state universities; requiring the
   44         Board of Governors to develop a points-based
   45         prioritization method to rank projects based on
   46         specified criteria; requiring weighted values within
   47         the point scale; specifying that specified new
   48         projects at a university with a final FTE of 2,000 or
   49         less, or a final FTE of 2,000 or greater, in the prior
   50         year must satisfy specified criteria; requiring the
   51         Board of Governors to maintain a list of capital
   52         outlay projects for which state funds have been
   53         appropriated but which have not been completed;
   54         requiring the Board of Governors to review and submit
   55         its space need calculation methodology; amending s.
   56         1004.70, F.S.; prohibiting a Florida College System
   57         institution direct-support organization from giving,
   58         directly or indirectly, any gift to a political
   59         committee; amending s. 1007.23, F.S.; requiring the
   60         statewide articulation agreement to include a reverse
   61         transfer agreement for students transferring from a
   62         Florida College System institution to a state
   63         university without having earned an associate in arts
   64         degree; requiring, by a specified academic year,
   65         Florida College System institutions and state
   66         universities to execute agreements to establish “2+2”
   67         targeted pathway programs; providing requirements for
   68         such agreements; specifying requirements for student
   69         participation; requiring the State Board of Education
   70         and the Board of Governors to collaborate to eliminate
   71         barriers in executing pathway articulation agreements;
   72         amending 1007.25, F.S.; requiring a university to, at
   73         specified times, notify students enrolled at the
   74         university of the criteria and option to request an
   75         associate in arts degree; requiring that universities
   76         notify students not enrolled at the university who
   77         meet specified criteria of the option of receive an
   78         associate in arts degree, beginning with students
   79         enrolled in the 2018-2019 academic year and
   80         thereafter; amending s. 1008.32, F.S.; requiring the
   81         Commissioner of Education to report certain audit
   82         findings to the State Board of Education under certain
   83         circumstances; requiring district school boards and
   84         Florida College System institutions’ boards of
   85         trustees to document compliance with the law under
   86         certain circumstances; amending s. 1008.322, F.S.;
   87         requiring the Chancellor of the State University
   88         System to report certain audit findings to the Board
   89         of Governors under certain circumstances; requiring
   90         state universities’ boards of trustees to document
   91         compliance with the law under certain circumstances;
   92         amending s. 1009.215, F.S.; revising the academic
   93         terms in which certain students are eligible to
   94         receive Bright Futures Scholarships; providing that
   95         such students may receive the scholarships for the
   96         fall term for specified coursework under certain
   97         circumstances; amending s. 1009.53, F.S.; removing a
   98         requirement for a Florida high school graduate to
   99         enroll in certain programs within 3 years of
  100         graduation from high school in order to receive funds
  101         from the Florida Bright Futures Scholarship Program;
  102         expanding the Florida Bright Futures Scholarship
  103         Program to include the Florida Gold Seal CAPE
  104         Scholarship; conforming provisions to changes made by
  105         the act; removing a limitation of 45 semester credit
  106         hours or the equivalent for an annual award for the
  107         scholarship program; requiring an institution that
  108         receives scholarship funds for summer terms to certify
  109         to the department certain funding information and
  110         remit any undisbursed funds within a specified time;
  111         amending s. 1009.531, F.S.; expanding the eligibility
  112         for an initial award of a scholarship under the
  113         Florida Bright Futures Scholarship Program to include
  114         students who earn a high school diploma from a private
  115         school; modifying the date by which certain students
  116         must apply for a scholarship under the program;
  117         deleting provisions relating to scholarship
  118         eligibility and application requirements for certain
  119         students who graduated from high school during
  120         specified years; extending the amount of time in which
  121         a student may reapply for an award to 5 years after
  122         high school graduation; extending the amount of time
  123         in which a student who enlists in the United States
  124         Armed Forces immediately after high school may apply
  125         for an award to 5 years after separation from active
  126         duty; providing that a student who is unable to accept
  127         an initial award due to a religious or service
  128         obligation may apply for an award within 5 years after
  129         the completion of his or her religious or service
  130         obligation; requiring that school districts provide a
  131         Florida Bright Futures Scholarship Evaluation Report
  132         and Key only to students in specified grades; allowing
  133         a student who does not meet certain requirements for a
  134         program award additional time to meet such
  135         requirements under certain conditions; providing that
  136         such students who timely meet the requirements must
  137         receive an award for the full academic year; revising
  138         the minimum examination scores required for a student
  139         to be eligible for a Florida Academic Scholars award
  140         or a Florida Medallion Scholars award; requiring the
  141         Department of Education to develop a method for
  142         determining the required examination scores which
  143         ensures equivalency between specified examinations and
  144         is consistent with specified limitations; requiring
  145         the department to publish any changes to examination
  146         score requirements; conforming a provision to changes
  147         made by the act; amending s. 1009.532, F.S.; revising
  148         student eligibility requirements for renewal of
  149         Florida Bright Futures Scholarship Program awards;
  150         removing obsolete language; conforming provisions to
  151         changes made by the act; amending s. 1009.536, F.S.;
  152         permitting certain Florida Gold Seal CAPE Scholars to
  153         receive an award from a specified funding source;
  154         providing grade point average requirements for Florida
  155         Gold Seal CAPE Scholars; removing limitations for
  156         certain academic years on the number of credit hours
  157         to which a student may apply a Florida Gold Seal
  158         Vocational Scholarship; amending s. 1011.45, F.S.;
  159         requiring each state university to maintain a minimum
  160         carry forward balance of at least 7 percent of its
  161         state operating budget; requiring a university that
  162         fails to maintain such balance to submit a plan to the
  163         Board of Governors to attain the minimum balance;
  164         requiring each university with a carry forward balance
  165         in excess of 7 percent to submit a spending plan to
  166         the university board of trustees; specifying
  167         requirements and authorized expenditures in such
  168         spending plan; requiring each university chief
  169         financial officer to certify annually the unexpended
  170         amount of carry forward amounts from specified funds;
  171         amending s. 1011.80, F.S.; removing a limitation on
  172         the maximum amount of funding that may be appropriated
  173         for performance funding relating to funds for
  174         operation of workforce education programs; creating s.
  175         1011.802, F.S.; creating the Florida Apprenticeship
  176         Grant (FLAG) program; providing for funding; providing
  177         purpose, requirements, and administration of the FLAG
  178         program; requiring certain career centers and
  179         institutions to provide quarterly reports; authorizing
  180         rulemaking; amending s. 1011.81, F.S.; removing a
  181         limitation on the maximum amount of funding that may
  182         be appropriated for performance funding relating to
  183         industry certifications for Florida College System
  184         institutions; amending s. 1011.84, F.S.; raising the
  185         threshold of the unencumbered balance at a Florida
  186         College System institution operating budget to 7
  187         percent; requiring each Florida College System
  188         institution chief financial officer to annually
  189         certify the unexpended amount of specified funds;
  190         amending s. 1013.03, F.S.; requiring the State Board
  191         of Education and the Board of Governors to establish
  192         uniform space utilization standards that include
  193         standards for post-secondary classroom and teaching
  194         laboratory space; requiring the State Board of
  195         Education and the Board of Governors to adopt
  196         standards for use in each Florida College System
  197         institution’s and state university’s survey; requiring
  198         the State Board of Education and the Board of
  199         Governors to define and apply specified space
  200         utilization metrics when calculating space need;
  201         amending s. 1013.31, F.S.; requiring projections for
  202         facility space needs for each Florida College System
  203         institution to comply with specified space needs
  204         utilization standards and metrics; requiring
  205         projections for facility space needs for each state
  206         university to comply with specified space needs
  207         utilization standards and metrics; amending s.
  208         1013.40, F.S.; prohibiting the finance of additional
  209         dormitory beds through the issuance of bonds by
  210         Florida College System institutions; providing that
  211         bonds may be issued by nonpublic entities as part of a
  212         public-private partnership; amending s. 1013.60, F.S.;
  213         requiring the Commissioner of Education to develop a
  214         budget request allocation plan for a specified
  215         purpose; establishing requirements for the budget
  216         request allocation plan to include an assessment over
  217         the 3 years of the plan of the amount of state funding
  218         needed to complete previously funded projects;
  219         amending s. 1013.64, F.S.; requiring the Board of
  220         Governors to specify by regulation the procedures for
  221         reporting or expending specified funds; requiring each
  222         university to report expended amounts from all
  223         sources; requiring the State Board of Education to
  224         specify by rule the procedures for the reporting of
  225         specified funds appropriated or expended; establishing
  226         a timeframe by which the State Board of Education and
  227         Board of Governors must update the capital outlay
  228         project list, with specified criteria; creating s.
  229         1013.841, F.S.; requiring unexpended amounts in any
  230         fund in any Florida College System institution current
  231         year state operating budget to be carried forward and
  232         included in the approved operating budget for the
  233         following year; requiring each Florida College System
  234         institution with a final FTE of less than 15,000 to
  235         maintain a minimum carry forward balance of at least 5
  236         percent of its state operating budget; requiring each
  237         Florida College System institution president, if the
  238         institution fails to maintain such balance, to provide
  239         written notification to the State Board of Education;
  240         requiring each Florida College System institution with
  241         a final FTE of less than 15,000 that retains a state
  242         operating fund carry forward balance in excess of 5
  243         percent to submit a spending plan for its excess carry
  244         forward funds with specified requirements; requiring
  245         each Florida College System institution with a final
  246         FTE of 15,000 or greater to maintain a minimum carry
  247         forward balance of at least 7 percent of its state
  248         operating budget; requiring each Florida College
  249         System institution with a final FTE of 15,000 or
  250         greater that retains a state operating fund carry
  251         forward balance in excess 7 percent to submit a
  252         spending plan for its excess carry forward funds with
  253         specified requirements; requiring that state
  254         university and Florida College System institution
  255         project surveys must utilize updated space need
  256         calculations; providing an effective date.
  257          
  258  Be It Enacted by the Legislature of the State of Florida:
  259  
  260         Section 1. Paragraph (c) of subsection (2) of section
  261  11.45, Florida Statutes, is amended to read:
  262         11.45 Definitions; duties; authorities; reports; rules.—
  263         (2) DUTIES.—The Auditor General shall:
  264         (c) Annually conduct financial audits of all state
  265  universities and Florida College System institutions and verify
  266  the accuracy of the amounts certified by each state university
  267  and Florida College System institution chief financial officer
  268  pursuant to ss. 1011.45 and 1011.84 state colleges.
  269  
  270  The Auditor General shall perform his or her duties
  271  independently but under the general policies established by the
  272  Legislative Auditing Committee. This subsection does not limit
  273  the Auditor General’s discretionary authority to conduct other
  274  audits or engagements of governmental entities as authorized in
  275  subsection (3).
  276         Section 2. Subsection (3) of section 216.136, Florida
  277  Statutes, is amended to read:
  278         216.136 Consensus estimating conferences; duties and
  279  principals.—
  280         (3) REVENUE ESTIMATING CONFERENCE.—
  281         (a) The Revenue Estimating Conference shall develop such
  282  official information with respect to anticipated state and local
  283  government revenues as the conference determines is needed for
  284  the state planning and budgeting system. Any principal may
  285  request the conference to review and estimate revenues for any
  286  trust fund.
  287         (b)For each year in a forecast period, the Revenue
  288  Estimating Conference must provide a maximum appropriation
  289  estimate, which includes bonding, for funds accruing to the
  290  Public Education Capital Outlay and Debt Service Trust Fund. The
  291  maximum available appropriation estimate for each year must
  292  assume the full utilization of available bonding capacity, as
  293  limited by s. 215.61, and the full utilization of remaining
  294  available cash balances.
  295         (c)For each of the 2020-2021, 2021-2022, and 2022-2023
  296  fiscal years, the conference shall also determine maximum
  297  appropriations available for funds accruing to the Public
  298  Education Capital Outlay and Debt Service Trust Fund, assuming
  299  that the bonding capacity for each year is equal to the average
  300  of annual bonding capacities, as determined under paragraph (b),
  301  of that year and the years remaining through the 2022-2023
  302  fiscal year. This paragraph expires July 1, 2023.
  303         Section 3. Subsection (18) is added to section 1001.03,
  304  Florida Statutes, to read:
  305         1001.03 Specific powers of State Board of Education.—
  306         (18)PUBLIC EDUCATION CAPITAL OUTLAY.—The State Board of
  307  Education shall develop and submit the prioritized list required
  308  by s. 1013.64(4). Projects considered for prioritization shall
  309  be chosen from a preliminary selection group that shall include
  310  the list of projects maintained pursuant to paragraph (d) and up
  311  to the top five ranked priorities of each Florida College System
  312  institution.
  313         (a)The state board shall develop a points-based
  314  prioritization method to rank projects for consideration from
  315  the preliminary selection group and award points for the degree
  316  to which a project meets specific criteria compared to other
  317  projects in the preliminary selection group. The state board
  318  shall consider criteria that evaluates the degree to which:
  319         1.The project was previously funded by the Legislature and
  320  the amount of funds needed for completion constitute a
  321  relatively low percentage of total project costs;
  322         2.The project represents a building maintenance project or
  323  the repair of utility infrastructure which is necessary to
  324  preserve a safe environment for students and staff, or a project
  325  that is necessary to maintain the operation of a Florida College
  326  System institution site, and for which the institution can
  327  demonstrate that it has no other funding source available to
  328  complete the project;
  329         3.The project addresses the greatest current or projected
  330  need for space as indicated by factors such as increased
  331  instructional capacity that enhances educational opportunities
  332  for students;
  333         4.The project reflects a ranked priority of the submitting
  334  Florida College System institution;
  335         5.The project represents the most practical and cost
  336  effective replacement or renovation of an existing building; and
  337         6.The project is deemed by the state board to be integral
  338  to the mission of the system or the institution in serving the
  339  strategic needs of communities, regions, or the state.
  340         (b)The project scoring the highest for each criterion
  341  shall be awarded the maximum points in the range of points
  342  within the points scale developed by the state board. The state
  343  board shall weight the value of criteria such that the maximum
  344  points awarded for each criterion represents a percent of the
  345  total maximum points.
  346         (c)1.For each Florida College System institution with a
  347  final FTE of 15,000 or greater for the prior year, a new
  348  construction, remodeling, or renovation project that has not
  349  received an appropriation in a previous year may not be
  350  considered for inclusion on the prioritized list required by s.
  351  1013.64(4), unless:
  352         a.The institution has allocated funding equal to at least
  353  15 percent of the total project cost, the project is needed to
  354  preserve the safety of persons using the facility, or the
  355  project is consistent with a strategic legislative or state
  356  board initiative;
  357         b.A plan is provided to reserve funds equal to a minimum
  358  amount determined by the state board as adequate to cover annual
  359  costs for future maintenance of the facility;
  360         c.There are sufficient excess funds from the allocation
  361  provided pursuant to s. 1013.60 within the 3-year planning
  362  period which are not needed to complete the projects listed
  363  pursuant to paragraph (d); and
  364         d.The project has been recommended pursuant to s. 1013.31.
  365         2. A Florida College System institution with a final FTE of
  366  less than 15,000 for the prior year is exempt from the
  367  requirements of subparagraph (c)1.
  368         (d)The state board shall continually maintain a list of
  369  all public education capital outlay projects for which state
  370  funds were previously appropriated and have not been completed.
  371  The list shall include an estimate of the amount of state
  372  funding needed for the completion of each project.
  373         (e)The state board shall review its space need calculation
  374  methodology developed pursuant to s. 1013.03(2)(a) and present a
  375  summary of its work with preliminary draft recommendations to
  376  the chairs of the House of Representatives and Senate
  377  appropriations committees by January 15, 2020, and every 3 years
  378  thereafter.
  379         Section 4. Paragraph (f) of subsection (5) of section
  380  1001.706, Florida Statutes, is amended, and paragraph (j) is
  381  added to subsection (3) and subsection (12) is added to that
  382  section, to read:
  383         1001.706 Powers and duties of the Board of Governors.—
  384         (3) POWERS AND DUTIES RELATING TO ORGANIZATION AND
  385  OPERATION OF STATE UNIVERSITIES.—
  386         (j)The Board of Governors shall develop and annually
  387  deliver a training program for members of each state university
  388  board of trustees that addresses the role of such boards in
  389  governing institutional resources and protecting the public
  390  interest. At a minimum, each trustee must participate in the
  391  training program within 1 year of appointment and reappointment
  392  to a university board of trustees. The program must include
  393  information on trustee responsibilities relating to all of the
  394  following:
  395         1.Meeting the statutory, regulatory, and fiduciary
  396  obligations of the board.
  397         2.Establishing internal process controls and
  398  accountability mechanisms for the institution’s president and
  399  other administrative officers.
  400         3.Oversight of planning, construction, maintenance,
  401  expansion, and renovation projects that impact the university’s
  402  consolidated infrastructure, physical facilities, and natural
  403  environment, including its lands, improvements, and capital
  404  equipment.
  405         4.Establishing policies that promote college
  406  affordability, including ensuring that the costs of university
  407  fees, textbooks, and instructional materials are minimized
  408  whenever possible.
  409         5.Creation and implementation of institutionwide rules and
  410  regulations.
  411         6.Institutional ethics and conflicts of interest.
  412         7.Best practices for board governance.
  413         8.Understanding current national and state issues in
  414  higher education.
  415         9.Any other responsibilities the Board of Governors deems
  416  necessary or appropriate.
  417         (5) POWERS AND DUTIES RELATING TO ACCOUNTABILITY.—
  418         (f) If the Board of Governors of the State University
  419  System, the presiding officer of either house of the
  420  Legislature, the Chief Financial Officer, or a member of the
  421  board of trustees of the institution for which an investigation
  422  is sought determines that a state university board of trustees
  423  is unwilling or unable to address substantiated allegations made
  424  by any person relating to waste, fraud, or financial
  425  mismanagement within the state university, the Office of the
  426  Inspector General shall investigate the allegations.
  427         (12)PUBLIC EDUCATION CAPITAL OUTLAY.—The Board of
  428  Governors shall submit the prioritized list as required by s.
  429  1013.64(4). Projects considered for prioritization shall be
  430  chosen from a preliminary selection group that shall include the
  431  list of projects maintained pursuant to paragraph (d) and up to
  432  the top five ranked priorities of each state university.
  433         (a)The board shall develop a points-based prioritization
  434  method to rank projects for consideration from the preliminary
  435  selection group and award points for the degree to which a
  436  project meets specific criteria compared to other projects in
  437  the preliminary selection group. The board shall consider
  438  criteria that evaluates the degree to which:
  439         1.The project was funded previously by the Legislature and
  440  the amount of funds needed for completion constitutes a
  441  relatively low percentage of total project costs;
  442         2.The project represents a building maintenance project or
  443  the repair of utility infrastructure which is necessary to
  444  preserve a safe environment for students and staff, or a project
  445  that is necessary to maintain the operation of a university
  446  site, and for which the university can demonstrate it has no
  447  other fund source available to complete the project;
  448         3.The project addresses the greatest current or projected
  449  need for space as indicated by factors such as increased
  450  instructional or research capacity that enhances educational
  451  opportunities for students;
  452         4.The project reflects a ranked priority of the submitting
  453  university;
  454         5.The project represents the most practical and cost
  455  effective replacement or renovation of an existing building; and
  456         6.The project is deemed integral to the mission of the
  457  system or the institution in serving the strategic needs of
  458  communities, regions, or this state.
  459         (b)The project scoring the highest for each criterion
  460  shall be awarded the maximum points in the range of points
  461  within the points scale developed by the board. The board shall
  462  weight the value of criteria such that the maximum points
  463  awarded for each criterion represent a percent of the total of
  464  maximum points.
  465         (c)1.For universities with a final FTE of less than 2,000
  466  in the prior year, a new construction, remodeling, or renovation
  467  project that has not received an appropriation in a previous
  468  year may not be considered for inclusion on the prioritized list
  469  required by s. 1013.64(4), unless:
  470         a. The institution has allocated funding equal to a minimum
  471  amount not to exceed 10 percent of the total project cost
  472  determined appropriate by the board based on the size and unique
  473  characteristics of the institution, the project is needed to
  474  preserve the safety of persons using the facility, or the
  475  project is consistent with a strategic legislative or board
  476  initiative;
  477         b. A plan is provided to reserve funds equal to a minimum
  478  amount determined by the board as adequate to cover annual costs
  479  for future maintenance of the facility;
  480         c. There are sufficient excess funds from the allocation
  481  provided pursuant to s. 1013.60 within the 3-year planning
  482  period which are not needed to complete the projects listed
  483  pursuant to paragraph (d); and
  484         d. The project has been recommended pursuant to s. 1013.31.
  485         2. For universities with a final FTE of 2,000 or greater in
  486  the prior year, a new construction, remodeling, or renovation
  487  project that has not received an appropriation in a previous
  488  year may not be considered for inclusion on the prioritized list
  489  required by s. 1013.64(4), unless:
  490         a.The institution has allocated funding equal to no less
  491  than 15 percent of the total project cost, unless a smaller
  492  amount is approved by supermajority vote of the board based on
  493  university size or unique characteristics, the project is needed
  494  to preserve the safety of persons using the facility, or the
  495  project is consistent with a strategic legislative or board
  496  initiative;
  497         b.A plan is provided to reserve funds equal to a minimum
  498  amount determined by the board as adequate to cover annual costs
  499  for future maintenance of the facility;
  500         c.There are sufficient excess funds from the allocation
  501  provided pursuant to s. 1013.60 within the 3-year planning
  502  period which are not needed to complete the projects listed
  503  pursuant to paragraph (d); and
  504         d.The project has been recommended pursuant to s. 1013.31.
  505         (d)The board shall continually maintain a list of all
  506  public education capital outlay projects for which state funds
  507  were previously appropriated which have not been completed. The
  508  list shall include an estimate of the amount of state funding
  509  needed for the completion of each project.
  510         (e)The board shall review its space need calculation
  511  methodology developed pursuant to s. 1013.03(2)(a) and present a
  512  summary of its work with preliminary draft recommendations to
  513  the chairs of the House of Representatives and Senate
  514  appropriations committees by January 15, 2020, and every 3 years
  515  thereafter.
  516         Section 5. Paragraph (d) of subsection (4) of section
  517  1004.70, Florida Statutes, is amended to read:
  518         1004.70 Florida College System institution direct-support
  519  organizations.—
  520         (4) ACTIVITIES; RESTRICTIONS.—
  521         (d) A Florida College System institution direct-support
  522  organization is prohibited from giving, either directly or
  523  indirectly, any gift to a political committee as defined in s.
  524  106.011 for any purpose other than those certified by a majority
  525  roll call vote of the governing board of the direct-support
  526  organization at a regularly scheduled meeting as being directly
  527  related to the educational mission of the Florida College System
  528  institution.
  529         Section 6. Subsections (7) and (8) are added to section
  530  1007.23, Florida Statutes, to read:
  531         1007.23 Statewide articulation agreement.—
  532         (7) The articulation agreement must specifically provide
  533  for a reverse transfer agreement for Florida College System
  534  associate in arts degree-seeking students who transfer to a
  535  state university before earning an associate in arts degree.
  536  Students must be awarded an associate in arts degree by the
  537  Florida College System institution upon completion of degree
  538  requirements at the state university if the student earned more
  539  than 30 credit hours toward the associate in arts degree from
  540  the Florida College System institution. State universities must
  541  identify students who have completed the requirements for the
  542  associate in arts degree and, upon student consent, transfer
  543  credits earned at the state university back to the Florida
  544  College System institution so that the associate in arts degree
  545  may be awarded by the Florida College System institution.
  546         (8) By the 2019-2020 academic year, to strengthen Florida’s
  547  “2+2” system of articulation and improve student retention and
  548  on-time graduation, each Florida College System institution
  549  shall execute at least one “2+2” targeted pathway articulation
  550  agreement with one or more state universities, and each state
  551  university shall execute at least one such agreement with one or
  552  more Florida College System institutions to establish “2+2”
  553  targeted pathway programs. The agreement must provide students
  554  who graduate with an associate in arts degree and who meet
  555  specified requirements guaranteed access to the state university
  556  and a degree program at that university, in accordance with the
  557  terms of the “2+2” targeted pathway articulation agreement.
  558         (a)To participate in a “2+2” targeted pathway program, a
  559  student must:
  560         1.Enroll in the program before completing 30 credit hours,
  561  including, but not limited to, college credits earned through
  562  articulated acceleration mechanisms pursuant to s. 1007.27;
  563         2.Complete an associate in arts degree; and
  564         3.Meet the university’s transfer requirements.
  565         (b)A state university that executes a “2+2” targeted
  566  pathway articulation agreement must meet the following
  567  requirements in order to implement a “2+2” targeted pathway
  568  program in collaboration with its partner Florida College System
  569  institution:
  570         1.Establish a 4-year, on-time graduation plan for a
  571  baccalaureate degree program, including, but not limited to, a
  572  plan for students to complete associate in arts degree programs,
  573  general education courses, common prerequisite courses, and
  574  elective courses;
  575         2.Advise students enrolled in the program about the
  576  university’s transfer and degree program requirements; and
  577         3.Provide students who meet the requirements under this
  578  paragraph with access to academic advisors and campus events and
  579  with guaranteed admittance to the state university and a degree
  580  program of the state university, in accordance with the terms of
  581  the agreement.
  582         (c)To assist the state universities and Florida College
  583  System institutions with implementing the “2+2” targeted pathway
  584  programs effectively, the State Board of Education and the Board
  585  of Governors shall collaborate to eliminate barriers in
  586  executing “2+2” targeted pathway articulation agreements.
  587         Section 7. Subsection (11) of section 1007.25, Florida
  588  Statutes, is amended to read:
  589         1007.25 General education courses; common prerequisites;
  590  other degree requirements.—
  591         (11) Students at state universities may request an
  592  associate in arts degree certificates if they have successfully
  593  completed the minimum requirements for the degree of associate
  594  in arts (A.A.). The university must grant the student an
  595  associate in arts degree if the student has successfully
  596  completed minimum requirements for the associate in arts degree,
  597  as determined by the state university college-level
  598  communication and computation skills adopted by the State Board
  599  of Education and 60 academic semester hours or the equivalent
  600  within a degree program area, including 36 semester hours in
  601  general education courses in the subject areas of communication,
  602  mathematics, social sciences, humanities, and natural sciences,
  603  consistent with the general education requirements specified in
  604  the articulation agreement pursuant to s. 1007.23. The
  605  university must notify students of the criteria and process for
  606  requesting an associate in arts degree during orientation.
  607  Additional notification must be provided to each student
  608  enrolled at the university upon completion of the requirements
  609  for an associate in arts degree. Beginning with students
  610  enrolled at the university in the 2018-2019 academic year and
  611  thereafter, the university must also notify any student who has
  612  not graduated from the university of the option and process to
  613  request an associate in arts degree if that student has
  614  completed the requirements for an associate in arts degree but
  615  has not reenrolled at the university in the subsequent fall
  616  semester and thereafter.
  617         Section 8. Subsection (2) of section 1008.32, Florida
  618  Statutes, is amended to read:
  619         1008.32 State Board of Education oversight enforcement
  620  authority.—The State Board of Education shall oversee the
  621  performance of district school boards and Florida College System
  622  institution boards of trustees in enforcement of all laws and
  623  rules. District school boards and Florida College System
  624  institution boards of trustees shall be primarily responsible
  625  for compliance with law and state board rule.
  626         (2)(a) The Commissioner of Education may investigate
  627  allegations of noncompliance with law or state board rule and
  628  determine probable cause. The commissioner shall report
  629  determinations of probable cause to the State Board of Education
  630  which shall require the district school board or Florida College
  631  System institution board of trustees to document compliance with
  632  law or state board rule.
  633         (b)The Commissioner of Education shall report to the State
  634  Board of Education any findings by the Auditor General that a
  635  district school board or Florida College System institution is
  636  acting without statutory authority or contrary to general law.
  637  The State Board of Education shall require the district school
  638  board or Florida College System institution board of trustees to
  639  document compliance with such law.
  640         Section 9. Subsection (3) of section 1008.322, Florida
  641  Statutes, is amended to read:
  642         1008.322 Board of Governors oversight enforcement
  643  authority.—
  644         (3)(a) The Chancellor of the State University System may
  645  investigate allegations of noncompliance with any law or Board
  646  of Governors’ rule or regulation and determine probable cause.
  647  The chancellor shall report determinations of probable cause to
  648  the Board of Governors, which may require the university board
  649  of trustees to document compliance with the law or Board of
  650  Governors’ rule or regulation.
  651         (b)The Chancellor of the State University System shall
  652  report to the Board of Governors any findings by the Auditor
  653  General that a university is acting without statutory authority
  654  or contrary to general law. The Board of Governors shall require
  655  the university board of trustees to document compliance with
  656  such law.
  657         Section 10. Effective July 1, 2019, and upon the expiration
  658  and reversion of the amendment made to section 1009.215, Florida
  659  Statutes, pursuant to section 13 of chapter 2018-10, Laws of
  660  Florida, subsection (3) of section 1009.215, Florida Statutes,
  661  is amended to read:
  662         1009.215 Student enrollment pilot program for the spring
  663  and summer terms.—
  664         (3) Students who are enrolled in the pilot program and who
  665  are eligible to receive Bright Futures Scholarships under ss.
  666  1009.53-1009.536 are shall be eligible to receive the
  667  scholarship award for attendance during the spring and summer
  668  terms. This student cohort is also eligible to receive Bright
  669  Futures Scholarships during the fall term which may be used for
  670  off-campus or online coursework, if Bright Futures Scholarship
  671  funding is provided by the Legislature for three terms for other
  672  eligible students during that academic year no more than 2
  673  semesters or the equivalent in any fiscal year, including the
  674  summer term.
  675         Section 11. Subsections (1), (2), and (3), paragraph (a) of
  676  subsection (4), subsection (5), and subsection (7) of section
  677  1009.53, Florida Statutes, are amended to read:
  678         1009.53 Florida Bright Futures Scholarship Program.—
  679         (1) The Florida Bright Futures Scholarship Program is
  680  created to establish a lottery-funded scholarship program to
  681  reward any Florida high school graduate who merits recognition
  682  of high academic achievement and who enrolls in a degree
  683  program, certificate program, or applied technology program at
  684  an eligible Florida public or private postsecondary education
  685  institution within 3 years of graduation from high school.
  686         (2) The Bright Futures Scholarship Program consists of four
  687  three types of awards: the Florida Academic Scholarship, the
  688  Florida Medallion Scholarship, the Florida Gold Seal CAPE
  689  Scholarship, and the Florida Gold Seal Vocational Scholarship.
  690         (3) The Department of Education shall administer the Bright
  691  Futures Scholarship Program according to rules and procedures
  692  established by the State Board of Education. A single
  693  application must be sufficient for a student to apply for any of
  694  the three types of awards. The department shall advertise the
  695  availability of the scholarship program and shall notify
  696  students, teachers, parents, certified school counselors, and
  697  principals or other relevant school administrators of the
  698  criteria and application procedures. The department must begin
  699  this process of notification no later than January 1 of each
  700  year.
  701         (4) Funding for the Bright Futures Scholarship Program must
  702  be allocated from the Education Enhancement Trust Fund and must
  703  be provided before allocations from that fund are calculated for
  704  disbursement to other educational entities.
  705         (a) If funds appropriated are not adequate to provide the
  706  maximum allowable award to each eligible applicant, awards in
  707  all three components of the program must be prorated using the
  708  same percentage reduction.
  709         (5) The department shall issue awards from the scholarship
  710  program annually. Annual awards may be for up to 45 semester
  711  credit hours or the equivalent. Before the registration period
  712  each semester, the department shall transmit payment for each
  713  award to the president or director of the postsecondary
  714  education institution, or his or her representative, except that
  715  the department may withhold payment if the receiving institution
  716  fails to report or to make refunds to the department as required
  717  in this section.
  718         (a) Within 30 days after the end of regular registration
  719  each semester, the educational institution shall certify to the
  720  department the eligibility status of each student who receives
  721  an award. After the end of the drop and add period, an
  722  institution is not required to reevaluate or revise a student’s
  723  eligibility status; however, an institution must make a refund
  724  to the department within 30 days after the end of the semester
  725  of any funds received for courses dropped by a student or
  726  courses from which a student has withdrawn after the end of the
  727  drop and add period, unless the student has been granted an
  728  exception by the department pursuant to subsection (11).
  729         (b) An institution that receives funds from the program for
  730  the fall and spring terms shall certify to the department the
  731  amount of funds disbursed to each student and shall remit to the
  732  department any undisbursed advances within 60 days after the end
  733  of regular registration. An institution that receives funds from
  734  the program for the summer term shall certify to the department
  735  the amount of funds disbursed to each student and shall remit to
  736  the department any undisbursed advances within 30 days after the
  737  end of the summer term.
  738         (c) Each institution that receives moneys through this
  739  program shall provide for a financial audit, as defined in s.
  740  11.45, conducted by an independent certified public accountant
  741  or the Auditor General for each fiscal year in which the
  742  institution expends program moneys in excess of $100,000. At
  743  least every 2 years, the audit shall include an examination of
  744  the institution’s administration of the program and the
  745  institution’s accounting of the moneys for the program since the
  746  last examination of the institution’s administration of the
  747  program. The report on the audit must be submitted to the
  748  department within 9 months after the end of the fiscal year. The
  749  department may conduct its own annual audit of an institution’s
  750  administration of the program. The department may request a
  751  refund of any moneys overpaid to the institution for the
  752  program. The department may suspend or revoke an institution’s
  753  eligibility to receive future moneys for the program if the
  754  department finds that an institution has not complied with this
  755  section. The institution must remit within 60 days any refund
  756  requested in accordance with this subsection.
  757         (d) Any institution that is not subject to an audit
  758  pursuant to this subsection shall attest, under penalty of
  759  perjury, that the moneys were used in compliance with law. The
  760  attestation shall be made annually in a form and format
  761  determined by the department.
  762         (7) A student may receive only one type of award from the
  763  Florida Bright Futures Scholarship Program at any given a time,
  764  but may transfer from one type of award to another through the
  765  renewal application process, if the student’s eligibility status
  766  changes. However, a student is not eligible to transfer from a
  767  Florida Medallion Scholarship, a Florida Gold Seal CAPE
  768  Scholarship, or a Florida Gold Seal Vocational Scholarship to a
  769  Florida Academic Scholarship. A student who receives an award
  770  from the program may also receive a federal family education
  771  loan or a federal direct loan, and the value of the award must
  772  be considered in the certification or calculation of the
  773  student’s loan eligibility.
  774         Section 12. Section 1009.531, Florida Statutes, is amended
  775  to read:
  776         1009.531 Florida Bright Futures Scholarship Program;
  777  student eligibility requirements for initial awards.—
  778         (1) In order to be eligible for an initial award from any
  779  of the three types of scholarships under the Florida Bright
  780  Futures Scholarship Program, a student must:
  781         (a) Be a Florida resident as defined in s. 1009.40 and
  782  rules of the State Board of Education.
  783         (b) Earn a standard Florida high school diploma pursuant to
  784  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282 or a high school
  785  equivalency diploma pursuant to s. 1003.435 unless:
  786         1. The student completes a home education program according
  787  to s. 1002.41; or
  788         2. The student earns a high school diploma from a non
  789  Florida school while living with a parent or guardian who is on
  790  military or public service assignment away from Florida; or
  791         3. The student earns a high school diploma from a Florida
  792  private school operating pursuant to s. 1002.42.
  793         (c) Be accepted by and enroll in an eligible Florida public
  794  or independent postsecondary education institution.
  795         (d) Be enrolled for at least 6 semester credit hours or the
  796  equivalent in quarter hours or clock hours.
  797         (e) Not have been found guilty of, or entered a plea of
  798  nolo contendere to, a felony charge, unless the student has been
  799  granted clemency by the Governor and Cabinet sitting as the
  800  Executive Office of Clemency.
  801         (f) Apply for a scholarship from the program by high school
  802  graduation. However, a student who graduates from high school
  803  midyear must apply no later than December August 31 of the
  804  student’s graduation year in order to be evaluated for and, if
  805  eligible, receive an award for the current academic year.
  806         (2)(a) A student graduating from high school prior to the
  807  2010-2011 academic year is eligible to accept an initial award
  808  for 3 years following high school graduation and to accept a
  809  renewal award for 7 years following high school graduation. A
  810  student who applies for an award by high school graduation and
  811  who meets all other eligibility requirements, but who does not
  812  accept his or her award, may reapply during subsequent
  813  application periods up to 3 years after high school graduation.
  814  For a student who enlists in the United States Armed Forces
  815  immediately after completion of high school, the 3-year
  816  eligibility period for his or her initial award shall begin upon
  817  the date of separation from active duty. For a student who is
  818  receiving a Florida Bright Futures Scholarship and discontinues
  819  his or her education to enlist in the United States Armed
  820  Forces, the remainder of his or her 7-year renewal period shall
  821  commence upon the date of separation from active duty.
  822         (b) Students graduating from high school in the 2010-2011
  823  and 2011-2012 academic years are eligible to accept an initial
  824  award for 3 years following high school graduation and to accept
  825  a renewal award for 5 years following high school graduation. A
  826  student who applies for an award by high school graduation and
  827  who meets all other eligibility requirements, but who does not
  828  accept his or her award, may reapply during subsequent
  829  application periods up to 3 years after high school graduation.
  830  For a student who enlists in the United States Armed Forces
  831  immediately after completion of high school, the 3-year
  832  eligibility period for his or her initial award and the 5-year
  833  renewal period shall begin upon the date of separation from
  834  active duty. For a student who is receiving a Florida Bright
  835  Futures Scholarship award and discontinues his or her education
  836  to enlist in the United States Armed Forces, the remainder of
  837  his or her 5-year renewal period shall commence upon the date of
  838  separation from active duty. If a course of study is not
  839  completed after 5 academic years, an exception of 1 year to the
  840  renewal timeframe may be granted due to a verifiable illness or
  841  other documented emergency pursuant to s. 1009.40(1)(b)4.
  842         (c) A student graduating from high school in the 2012-2013
  843  academic year and thereafter is eligible to receive an accept an
  844  initial award for 2 years following high school graduation and
  845  to accept a renewal award for 5 years following high school
  846  graduation. A student who applies for an award by high school
  847  graduation and who meets all other eligibility requirements, but
  848  who does not accept his or her award, may reapply during
  849  subsequent application periods up to 5 2 years after high school
  850  graduation. For a student who enlists in the United States Armed
  851  Forces immediately after completion of high school, the 2-year
  852  eligibility period for his or her initial award and the 5-year
  853  renewal period shall begin upon the date of separation from
  854  active duty. For a student who is receiving a Florida Bright
  855  Futures Scholarship award and discontinues his or her education
  856  to enlist in the United States Armed Forces, the remainder of
  857  his or her 5-year renewal period shall commence upon the date of
  858  separation from active duty. For a student who is unable to
  859  accept an initial award immediately after completion of high
  860  school due to a full-time religious or service obligation
  861  lasting at least 18 months which begins within 1 year after
  862  completion of high school, the 2-year eligibility period for his
  863  or her initial award and the 5-year renewal period begins begin
  864  upon the completion of his or her religious or service
  865  obligation. The organization sponsoring the full-time religious
  866  or service obligation must meet the requirements for nonprofit
  867  status under s. 501(c)(3) of the Internal Revenue Code or be a
  868  federal government service organization, including, but not
  869  limited to, the Peace Corps and AmeriCorps programs. The
  870  obligation must be documented in writing and verified by the
  871  entity for which the student completed the obligation on a
  872  standardized form prescribed by the department. If a course of
  873  study is not completed after 5 academic years, an exception of 1
  874  year to the renewal timeframe may be granted due to a verifiable
  875  illness or other documented emergency pursuant to s.
  876  1009.40(1)(b)4.
  877         (3) For purposes of calculating the grade point average to
  878  be used in determining initial eligibility for a Florida Bright
  879  Futures Scholarship, the department shall assign additional
  880  weights to grades earned in the following courses:
  881         (a) Courses identified in the course code directory as
  882  Advanced Placement, pre-International Baccalaureate,
  883  International Baccalaureate, International General Certificate
  884  of Secondary Education (pre-AICE), or Advanced International
  885  Certificate of Education.
  886         (b) Courses designated as academic dual enrollment courses
  887  in the statewide course numbering system.
  888  
  889  The department may assign additional weights to courses, other
  890  than those described in paragraphs (a) and (b), that are
  891  identified by the Department of Education as containing rigorous
  892  academic curriculum and performance standards. The additional
  893  weight assigned to a course pursuant to this subsection shall
  894  not exceed 0.5 per course. The weighted system shall be
  895  developed and distributed to all high schools in the state prior
  896  to January 1, 1998. The department may determine a student’s
  897  eligibility status during the senior year before graduation and
  898  may inform the student of the award at that time.
  899         (4) Each school district shall annually provide to each
  900  high school student in grade 11 or 12 a complete and accurate
  901  Florida Bright Futures Scholarship Evaluation Report and Key.
  902  The report shall be disseminated at the beginning of each school
  903  year. The report must include all high school coursework
  904  attempted, the number of credits earned toward each type of
  905  award, and the calculation of the grade point average for each
  906  award. The report must also identify all requirements not met
  907  per award, including the grade point average requirement, as
  908  well as identify the awards for which the student has met the
  909  academic requirements. The student report cards must contain a
  910  disclosure that the grade point average calculated for purposes
  911  of the Florida Bright Futures Scholarship Program may differ
  912  from the grade point average on the report card.
  913         (5) A student who wishes to qualify for a particular award
  914  within the Florida Bright Futures Scholarship Program, but who
  915  does not meet all of the requirements for that level of award by
  916  the applicable deadlines, may be allowed additional time to
  917  complete the requirements, nevertheless, receive the award if
  918  the principal of the student’s school or the district
  919  superintendent verifies that the deficiency is caused by the
  920  fact that school district personnel provided inaccurate or
  921  incomplete information to the student. The school district must
  922  provide a means for the student to correct the deficiencies and
  923  the student must correct them, either by completing comparable
  924  work at the postsecondary institution or by completing a
  925  directed individualized study program developed and administered
  926  by the school district. If the student does not complete the
  927  requirements by December 31 immediately following high school
  928  graduation, the student is ineligible to participate in the
  929  program. If the student completes the requirements by December
  930  31, the student must receive the award for the full academic
  931  year, including the fall term.
  932         (6)(a) The State Board of Education shall publicize the
  933  examination score required for a student to be eligible for a
  934  Florida Academic Scholars award, pursuant to s. 1009.534(1)(a)
  935  or (b), as follows:
  936         1.For high school students graduating in the 2018-2019 and
  937  2019-2020 academic years, a student must achieve an SAT combined
  938  score of 1290 or an ACT composite score of 29.
  939         2.For high school students graduating in the 2020-2021
  940  academic year and thereafter, a student must achieve the
  941  required examination scores published by the department, which
  942  are determined as provided in subsection (c) High school
  943  students must earn an SAT score of 1290 which corresponds to the
  944  89th SAT percentile rank or a concordant ACT score of 29.
  945         (b) The State Board of Education shall publicize the
  946  examination score required for a student to be eligible for a
  947  Florida Medallion Scholars award, pursuant to s. 1009.535(1)(a)
  948  or (b), as follows:
  949         1.For high school students graduating in the 2018-2019 and
  950  2019-2020 academic years, a student must achieve an SAT combined
  951  score of 1170 or an ACT composite score of 26.
  952         2.For high school students graduating in the 2020-2021
  953  academic year and thereafter, a student must achieve the
  954  required examination scores published by the department, which
  955  are determined as provided in subsection (c) High school
  956  students must earn an SAT score of 1170 which corresponds to the
  957  75th SAT percentile rank or a concordant ACT score of 26.
  958         (c) To ensure that the required examination scores
  959  represent top student performance and are equivalent between the
  960  SAT and ACT, the department shall develop a method for
  961  determining the required examination scores which incorporates
  962  all of the following:
  963         1.The minimum required SAT score for the Florida Academic
  964  Scholarship must be set no lower than the 89th national
  965  percentile on the SAT. The department may adjust the required
  966  SAT score only if the required score drops below the 89th
  967  national percentile, and any such adjustment must be applied to
  968  the bottom of the SAT score range that is concordant to the ACT.
  969         2.The minimum required SAT score for the Florida Medallion
  970  Scholarship must be set no lower than the 75th national
  971  percentile on the SAT. The department may adjust the required
  972  SAT score only if the required score drops below the 75th
  973  national percentile, and any such adjustment must be made to the
  974  bottom of the SAT score range that is concordant to the ACT.
  975         3.The required ACT scores must be made concordant to the
  976  required SAT scores, using the latest published national
  977  concordance table developed jointly by the College Board and
  978  ACT, Inc.
  979         (d)Before each school year, the department shall publish
  980  any changes to the examination score requirements that apply to
  981  students graduating in the next 2 years The SAT percentile ranks
  982  and corresponding SAT scores specified in paragraphs (a) and (b)
  983  are based on the SAT percentile ranks for 2010 college-bound
  984  seniors in critical reading and mathematics as reported by the
  985  College Board. The next highest SAT score is used when the
  986  percentile ranks do not directly correspond.
  987         Section 13. Section 1009.532, Florida Statutes, is amended
  988  to read:
  989         1009.532 Florida Bright Futures Scholarship Program;
  990  student eligibility requirements for renewal awards.—
  991         (1) To be eligible to renew a scholarship from any of the
  992  three types of scholarships under the Florida Bright Futures
  993  Scholarship Program, a student must:
  994         (a) Effective for students funded in the 2009-2010 academic
  995  year and thereafter, earn at least 24 semester credit hours or
  996  the equivalent in the last academic year in which the student
  997  earned a scholarship if the student was enrolled full time, or a
  998  prorated number of credit hours as determined by the Department
  999  of Education if the student was enrolled less than full time for
 1000  any part of the academic year. For students initially eligible
 1001  prior to the 2010-2011 academic term, if a student fails to earn
 1002  the minimum number of hours required to renew the scholarship,
 1003  the student shall lose his or her eligibility for renewal for a
 1004  period equivalent to 1 academic year. Such student is eligible
 1005  to restore the award the following academic year if the student
 1006  earns the hours for which he or she was enrolled at the level
 1007  defined by the department and meets the grade point average for
 1008  renewal. A student is eligible for such restoration one time.
 1009  The department shall notify eligible recipients of the
 1010  provisions of this paragraph. Each institution shall notify
 1011  award recipients of the provisions of this paragraph during the
 1012  registration process.
 1013         (b) Maintain the cumulative grade point average required by
 1014  the scholarship program, except that:
 1015         1. If a recipient’s grades fall beneath the average
 1016  required to renew a Florida Academic Scholarship, but are
 1017  sufficient to renew a Florida Medallion Scholarship, a Florida
 1018  Gold Seal CAPE Scholarship, or a Florida Gold Seal Vocational
 1019  Scholarship, the Department of Education may grant a renewal
 1020  from one of those other scholarship programs, if the student
 1021  meets the renewal eligibility requirements;
 1022         2. For students initially eligible prior to the 2010-2011
 1023  academic term, if at any time during the eligibility period a
 1024  student’s grades are insufficient to renew the scholarship, the
 1025  student may restore eligibility by improving the grade point
 1026  average to the required level. A student is eligible for such a
 1027  restoration one time. The Legislature encourages education
 1028  institutions to assist students to calculate whether or not it
 1029  is possible to raise the grade point average during the summer
 1030  term. If the institution determines that it is possible, the
 1031  education institution may so inform the department, which may
 1032  reserve the student’s award if funds are available. The renewal,
 1033  however, must not be granted until the student achieves the
 1034  required cumulative grade point average. If the summer term is
 1035  not sufficient to raise the grade point average to the required
 1036  renewal level, the student’s next opportunity for renewal is the
 1037  fall semester of the following academic year; or
 1038         2.3. For students initially eligible in the 2010-2011
 1039  academic term and thereafter, if at any time during a student’s
 1040  first academic year the student’s grades are insufficient to
 1041  renew the scholarship, the student may restore eligibility by
 1042  improving the grade point average to the required level. A
 1043  student is eligible for such a restoration one time. The
 1044  Legislature encourages education institutions to assist students
 1045  to calculate whether or not it is possible to raise the grade
 1046  point average during the summer term. If the education
 1047  institution determines that it is possible, the institution may
 1048  so inform the department, which may reserve the student’s award
 1049  if funds are available. The renewal, however, must not be
 1050  granted until the student achieves the required cumulative grade
 1051  point average. If the summer term is not sufficient to raise the
 1052  grade point average to the required renewal level, the student’s
 1053  next opportunity for renewal is the fall semester of the
 1054  following academic year.
 1055         (c) Reimburse or make satisfactory arrangements to
 1056  reimburse the institution for the award amount received for
 1057  courses dropped after the end of the drop and add period or
 1058  courses from which the student withdraws after the end of the
 1059  drop and add period unless the student has received an exception
 1060  pursuant to s. 1009.53(11).
 1061         (2) For students initially eligible in the 2010-2011
 1062  academic term and thereafter, and unless otherwise provided in
 1063  this section, if a student does not meet the requirements for
 1064  renewal of a scholarship because of lack of completion of
 1065  sufficient credit hours or insufficient grades, the scholarship
 1066  shall be renewed only if the student failed to complete
 1067  sufficient credit hours or to meet sufficient grade requirements
 1068  due to verifiable illness or other documented emergency, in
 1069  which case the student may be granted an exception from academic
 1070  requirements pursuant to s. 1009.40(1)(b)4.
 1071         (3)(a) A student who is initially eligible prior to the
 1072  2010-2011 academic year and is enrolled in a program that
 1073  terminates in an associate degree or a baccalaureate degree may
 1074  receive an award for a maximum of 110 percent of the number of
 1075  credit hours required to complete the program. A student who is
 1076  enrolled in a program that terminates in a career certificate
 1077  may receive an award for a maximum of 110 percent of the credit
 1078  hours or clock hours required to complete the program up to 90
 1079  credit hours.
 1080         (b) Students who are initially eligible in the 2010-2011
 1081  and 2011-2012 academic years may receive an award for a maximum
 1082  of 100 percent of the number of credit hours required to
 1083  complete an associate degree program or a baccalaureate degree
 1084  program or receive an award for a maximum of 100 percent of the
 1085  credit hours or clock hours required to complete up to 90 credit
 1086  hours of a program that terminates in a career certificate.
 1087         (a)(c) A student who is initially eligible in the 2012-2013
 1088  academic year and thereafter may receive an award for a maximum
 1089  of 100 percent of the number of credit hours required to
 1090  complete an associate degree program, a baccalaureate degree
 1091  program, or a postsecondary career certificate program or, for a
 1092  Florida Gold Seal Vocational Scholars award, may receive an
 1093  award for a maximum of 100 percent of the number of credit hours
 1094  or equivalent clock hours required to complete one of the
 1095  following at a Florida public or nonpublic education institution
 1096  that offers these specific programs: for an applied technology
 1097  diploma program as defined in s. 1004.02(7), up to 60 credit
 1098  hours or equivalent clock hours; for a technical degree
 1099  education program as defined in s. 1004.02(13), up to the number
 1100  of hours required for a specific degree not to exceed 72 credit
 1101  hours or equivalent clock hours; or for a career certificate
 1102  program as defined in s. 1004.02(20), up to the number of hours
 1103  required for a specific certificate not to exceed 72 credit
 1104  hours or equivalent clock hours. A student who transfers from
 1105  one of these program levels to another program level becomes
 1106  eligible for the higher of the two credit hour limits.
 1107         (b)(d)1. A student who is initially eligible in the 2017
 1108  2018 academic year and thereafter for a Florida Gold Seal CAPE
 1109  Scholars award under s. 1009.536(2) may receive an award for a
 1110  maximum of 100 percent of the number of credit hours or
 1111  equivalent clock hours required to complete one of the following
 1112  at a Florida public or nonpublic education institution that
 1113  offers these specific programs: for an applied technology
 1114  diploma program as defined in s. 1004.02(7), up to 60 credit
 1115  hours or equivalent clock hours; for a technical degree
 1116  education program as defined in s. 1004.02(13), up to the number
 1117  of hours required for a specific degree, not to exceed 72 credit
 1118  hours or equivalent clock hours; or for a career certificate
 1119  program as defined in s. 1004.02(20), up to the number of hours
 1120  required for a specific certificate, not to exceed 72 credit
 1121  hours or equivalent clock hours. A student who transfers from
 1122  one of these program levels to another program level is eligible
 1123  for the higher of the two credit hour limits.
 1124         2. A Florida Gold Seal CAPE Scholar who completes a
 1125  technical degree education program as defined in s. 1004.02(13)
 1126  may also receive an award for:
 1127         a. A maximum of 60 credit hours for a bachelor of science
 1128  degree program for which there is a statewide associate in
 1129  science degree program to bachelor of science degree program
 1130  articulation agreement; or
 1131         b. A maximum of 60 credit hours for a bachelor of applied
 1132  science degree program at a Florida College System institution.
 1133         (4) A student who receives an initial award during the
 1134  spring term shall be evaluated for scholarship renewal after the
 1135  completion of a full academic year, which begins with the fall
 1136  term.
 1137         (5)A student who receives an award and is subsequently
 1138  determined ineligible due to updated grade or hour information
 1139  may not receive a disbursement for a subsequent term, unless the
 1140  student successfully restores the award.
 1141         Section 14. Subsections (3), (4), and (5) of section
 1142  1009.536, Florida Statutes, are amended to read:
 1143         1009.536 Florida Gold Seal Vocational Scholars and Florida
 1144  Gold Seal CAPE Scholars awards.—The Florida Gold Seal Vocational
 1145  Scholars award and the Florida Gold Seal CAPE Scholars award are
 1146  created within the Florida Bright Futures Scholarship Program to
 1147  recognize and reward academic achievement and career preparation
 1148  by high school students who wish to continue their education.
 1149         (3) A Florida Gold Seal Vocational Scholar or a Florida
 1150  Gold Seal CAPE Scholar who is enrolled in a public or nonpublic
 1151  postsecondary education institution is eligible for an award
 1152  equal to the amount specified in the General Appropriations Act
 1153  to assist with the payment of educational expenses.
 1154         (4) To be eligible for a renewal award as a Florida Gold
 1155  Seal Vocational Scholar or a Florida Gold Seal CAPE Scholar, a
 1156  student must maintain the equivalent of a cumulative grade point
 1157  average of 2.75 on a 4.0 scale with an opportunity for
 1158  restoration one time as provided in this chapter.
 1159         (5)(a) A student who is initially eligible prior to the
 1160  2010-2011 academic year may earn a Florida Gold Seal Vocational
 1161  Scholarship for 110 percent of the number of credit hours
 1162  required to complete the program, up to 90 credit hours or the
 1163  equivalent.
 1164         (b) Students who are initially eligible in the 2010-2011
 1165  and 2011-2012 academic years may earn a Florida Gold Seal
 1166  Vocational Scholarship for 100 percent of the number of credit
 1167  hours required to complete the program, up to 90 credit hours or
 1168  the equivalent.
 1169         (c) A student who is initially eligible in the 2012-2013
 1170  academic year and thereafter may earn a Florida Gold Seal
 1171  Vocational Scholarship for a maximum of 100 percent of the
 1172  number of credit hours or equivalent clock hours required to
 1173  complete one of the following at a Florida public or nonpublic
 1174  education institution that offers these specific programs: for
 1175  an applied technology diploma program as defined in s.
 1176  1004.02(7), up to 60 credit hours or equivalent clock hours; for
 1177  a technical degree education program as defined in s.
 1178  1004.02(13), up to the number of hours required for a specific
 1179  degree not to exceed 72 credit hours or equivalent clock hours;
 1180  or for a career certificate program as defined in s.
 1181  1004.02(20), up to the number of hours required for a specific
 1182  certificate not to exceed 72 credit hours or equivalent clock
 1183  hours.
 1184         (b)(d)1. A student who is initially eligible in the 2017
 1185  2018 academic year and thereafter for a Florida Gold Seal CAPE
 1186  Scholars award under subsection (2) may receive an award for a
 1187  maximum of 100 percent of the number of credit hours or
 1188  equivalent clock hours required to complete one of the following
 1189  at a Florida public or nonpublic education institution that
 1190  offers these specific programs: for an applied technology
 1191  diploma program as defined in s. 1004.02(7), up to 60 credit
 1192  hours or equivalent clock hours; for a technical degree
 1193  education program as defined in s. 1004.02(13), up to the number
 1194  of hours required for a specific degree, not to exceed 72 credit
 1195  hours or equivalent clock hours; or for a career certificate
 1196  program as defined in s. 1004.02(20), up to the number of hours
 1197  required for a specific certificate, not to exceed 72 credit
 1198  hours or equivalent clock hours. A student who transfers from
 1199  one of these program levels to another program level is eligible
 1200  for the higher of the two credit hour limits.
 1201         2. A Florida Gold Seal CAPE Scholar who completes a
 1202  technical degree education program as defined in s. 1004.02(13)
 1203  may also receive an award for:
 1204         a. A maximum of 60 credit hours for a bachelor of science
 1205  degree program for which there is a statewide associate in
 1206  science degree program to bachelor of science degree program
 1207  articulation agreement; or
 1208         b. A maximum of 60 credit hours for a bachelor of applied
 1209  science degree program at a Florida College System institution.
 1210         Section 15. Section 1011.45, Florida Statutes, is amended
 1211  to read:
 1212         1011.45 End of year balance of funds.—Unexpended amounts in
 1213  any fund in a university current year operating budget shall be
 1214  carried forward and included as the balance forward for that
 1215  fund in the approved operating budget for the following year.
 1216         (1)Each university shall maintain a minimum carry forward
 1217  balance of at least 7 percent of its state operating budget. If
 1218  a university fails to maintain a 7 percent balance in state
 1219  operating funds, the university shall submit a plan to the Board
 1220  of Governors to attain the minimum percent balance of state
 1221  operating funds within the next fiscal year.
 1222         (2)Each university that retains a state operating fund
 1223  carry forward balance in excess of the 7 percent minimum shall
 1224  submit a spending plan for its excess carry forward balance. The
 1225  spending plan shall be submitted to the university’s board of
 1226  trustees for approval and publishing by September 1, 2019, and
 1227  each September 1 thereafter. The Board of Governors shall
 1228  publish each university’s carry forward spending plan by October
 1229  1, 2019, and each October 1 thereafter.
 1230         (3)A university’s carry forward spending plan shall
 1231  include the estimated cost per planned expenditure and a
 1232  timeline for completion of the expenditure, when appropriate.
 1233  Authorized expenditures in a carry forward spending plan may
 1234  include:
 1235         (a)Commitment of funds to a public education capital
 1236  outlay project for which an appropriation was previously
 1237  provided that requires additional funds for completion and which
 1238  is included in the list required by s. 1001.706(12)(d);
 1239         (b)Completion of a renovation, repair, or maintenance
 1240  project that is consistent with the provisions of s. 1013.64(1),
 1241  up to $5 million per project;
 1242         (c)Completion of a remodeling or infrastructure project,
 1243  including a project for a development research school, up to $10
 1244  million per project, if such project is survey recommended
 1245  pursuant to s. 1013.31;
 1246         (d)Completion of a repair or replacement project necessary
 1247  due to damage caused by a natural disaster for buildings
 1248  included in the inventory required pursuant to s. 1013.31;
 1249         (e)Operating expenditures that support the university
 1250  mission and that are nonrecurring; and
 1251         (f)Any purpose approved by the board or specified in the
 1252  General Appropriations Act.
 1253         (4)Annually, by August 15, the chief financial officer of
 1254  each university shall certify the unexpended amount of funds
 1255  appropriated to the university from the General Revenue Fund,
 1256  the Educational Enhancement Trust Fund, and the
 1257  Education/General Student and Other Fees Trust Fund as of June
 1258  30 of the previous fiscal year.
 1259         Section 16. Paragraph (b) of subsection (6) of section
 1260  1011.80, Florida Statutes, is amended to read:
 1261         1011.80 Funds for operation of workforce education
 1262  programs.—
 1263         (6)
 1264         (b) Performance funding for industry certifications for
 1265  school district workforce education programs is contingent upon
 1266  specific appropriation in the General Appropriations Act and
 1267  shall be determined as follows:
 1268         1. Occupational areas for which industry certifications may
 1269  be earned, as established in the General Appropriations Act, are
 1270  eligible for performance funding. Priority shall be given to the
 1271  occupational areas emphasized in state, national, or corporate
 1272  grants provided to Florida educational institutions.
 1273         2. The Chancellor of Career and Adult Education shall
 1274  identify the industry certifications eligible for funding on the
 1275  CAPE Postsecondary Industry Certification Funding List approved
 1276  by the State Board of Education pursuant to s. 1008.44, based on
 1277  the occupational areas specified in the General Appropriations
 1278  Act.
 1279         3. Each school district shall be provided $1,000 for each
 1280  industry certification earned by a workforce education student.
 1281  The maximum amount of funding appropriated for performance
 1282  funding pursuant to this paragraph shall be limited to $15
 1283  million annually. If funds are insufficient to fully fund the
 1284  calculated total award, such funds shall be prorated.
 1285         Section 17. Section 1011.802, Florida Statutes, is created
 1286  to read:
 1287         1011.802FLAG program.—
 1288         (1)Subject to appropriations provided in the General
 1289  Appropriations Act, the Florida Apprenticeship Grant (FLAG)
 1290  program is created to provide grants to high schools, career
 1291  centers, charter technical career centers, Florida College
 1292  System institutions, and other entities authorized to sponsor an
 1293  apprenticeship or preapprenticeship program, as defined in s.
 1294  446.021, on a competitive basis to establish new apprenticeship
 1295  or preapprenticeship programs and expand existing apprenticeship
 1296  or preapprenticeship programs. The Department of Education shall
 1297  administer the grant program.
 1298         (2)Applications must contain projected enrollment and
 1299  projected costs for the new or expanded apprenticeship program.
 1300         (3)The department shall give priority to apprenticeship
 1301  programs with demonstrated regional demand. Grant funds may be
 1302  used for instructional equipment, supplies, personnel, student
 1303  services, and other expenses associated with the creation or
 1304  expansion of an apprenticeship program. Grant funds may not be
 1305  used for recurring instructional costs or for indirect costs.
 1306  Grant recipients must submit quarterly reports in a format
 1307  prescribed by the department.
 1308         (4)The State Board of Education may adopt rules to
 1309  administer this section.
 1310         Section 18. Paragraph (c) of subsection (2) of section
 1311  1011.81, Florida Statutes, is amended to read:
 1312         1011.81 Florida College System Program Fund.—
 1313         (2) Performance funding for industry certifications for
 1314  Florida College System institutions is contingent upon specific
 1315  appropriation in the General Appropriations Act and shall be
 1316  determined as follows:
 1317         (c) Each Florida College System institution shall be
 1318  provided $1,000 for each industry certification earned by a
 1319  student. The maximum amount of funding appropriated for
 1320  performance funding pursuant to this subsection shall be limited
 1321  to $15 million annually. If funds are insufficient to fully fund
 1322  the calculated total award, such funds shall be prorated.
 1323         Section 19. Paragraph (e) of subsection (3) of section
 1324  1011.84, Florida Statutes, is amended to read:
 1325         1011.84 Procedure for determining state financial support
 1326  and annual apportionment of state funds to each Florida College
 1327  System institution district.—The procedure for determining state
 1328  financial support and the annual apportionment to each Florida
 1329  College System institution district authorized to operate a
 1330  Florida College System institution under the provisions of s.
 1331  1001.61 shall be as follows:
 1332         (3) DETERMINING THE APPORTIONMENT FROM STATE FUNDS.—
 1333         (e) If at any time the unencumbered balance in the general
 1334  fund of the Florida College System institution board of trustees
 1335  approved operating budget goes below 7 5 percent, the president
 1336  shall provide written notification to the State Board of
 1337  Education. Annually, by August 15, the chief financial officer
 1338  of each Florida College System institution shall certify the
 1339  unexpended amount of state funds remaining in the general fund
 1340  of an institution as of June 30 of the previous fiscal year.
 1341         Section 20. Subsection (2) of section 1013.03, Florida
 1342  Statutes, is amended to read:
 1343         1013.03 Functions of the department and the Board of
 1344  Governors.—The functions of the Department of Education as it
 1345  pertains to educational facilities of school districts and
 1346  Florida College System institutions and of the Board of
 1347  Governors as it pertains to educational facilities of state
 1348  universities shall include, but not be limited to, the
 1349  following:
 1350         (2) Establish, for the purpose of determining need,
 1351  equitably uniform utilization standards for all types of like
 1352  space, regardless of the level of education, that includes
 1353  standards for post-secondary classroom and teaching laboratory
 1354  space. These standards shall also establish, for postsecondary
 1355  education classrooms, a minimum room utilization rate of 40
 1356  hours per week and a minimum station utilization rate of 60
 1357  percent. These rates shall be subject to increase based on
 1358  national norms for utilization of postsecondary education
 1359  classrooms. The State Board of Education and the Board of
 1360  Governors shall adopt standards, with justification, for use in
 1361  each Florida College System institution’s survey and state
 1362  university’s survey, respectively, as applied pursuant to s.
 1363  1013.31.
 1364         (a)The boards must define and apply, at minimum, the
 1365  following space utilization metrics when calculating space need:
 1366         1.For postsecondary education classroom space, a minimum
 1367  room utilization rate and a minimum station utilization rate.
 1368         2.For postsecondary education nonvocational, teaching
 1369  laboratory space, a minimum room utilization rate and a minimum
 1370  station utilization rate.
 1371         (b)Each state university and Florida College System
 1372  institution shall determine full-time equivalent enrollment
 1373  estimate adjustments to account for online students.
 1374         (c)By January 1, 2021, the Board of Governors for state
 1375  universities and the State Board of Education for Florida
 1376  College System institutions shall each provide on its website
 1377  the most recent summary survey data by state university or
 1378  Florida College System institution, as applicable, showing space
 1379  needs met for each campus by type of space. The format shall be
 1380  consistent across all state universities and all Florida College
 1381  System institutions.
 1382         Section 21. Paragraph (c) of subsection (1) of section
 1383  1013.31, Florida Statutes, is amended to read:
 1384         1013.31 Educational plant survey; localized need
 1385  assessment; PECO project funding.—
 1386         (1) At least every 5 years, each board shall arrange for an
 1387  educational plant survey, to aid in formulating plans for
 1388  housing the educational program and student population, faculty,
 1389  administrators, staff, and auxiliary and ancillary services of
 1390  the district or campus, including consideration of the local
 1391  comprehensive plan. The Department of Education shall document
 1392  the need for additional career and adult education programs and
 1393  the continuation of existing programs before facility
 1394  construction or renovation related to career or adult education
 1395  may be included in the educational plant survey of a school
 1396  district or Florida College System institution that delivers
 1397  career or adult education programs. Information used by the
 1398  Department of Education to establish facility needs must
 1399  include, but need not be limited to, labor market data, needs
 1400  analysis, and information submitted by the school district or
 1401  Florida College System institution.
 1402         (c) Required need assessment criteria for district, Florida
 1403  College System institution, state university, and Florida School
 1404  for the Deaf and the Blind plant surveys.—Educational plant
 1405  surveys must use uniform data sources and criteria specified in
 1406  this paragraph. Each revised educational plant survey and each
 1407  new educational plant survey supersedes previous surveys.
 1408         1. The school district’s survey must be submitted as a part
 1409  of the district educational facilities plan defined in s.
 1410  1013.35. To ensure that the data reported to the Department of
 1411  Education as required by this section is correct, the department
 1412  shall annually conduct an onsite review of 5 percent of the
 1413  facilities reported for each school district completing a new
 1414  survey that year. If the department’s review finds the data
 1415  reported by a district is less than 95 percent accurate, within
 1416  1 year from the time of notification by the department the
 1417  district must submit revised reports correcting its data. If a
 1418  district fails to correct its reports, the commissioner may
 1419  direct that future fixed capital outlay funds be withheld until
 1420  such time as the district has corrected its reports so that they
 1421  are not less than 95 percent accurate.
 1422         2. Each survey of a special facility, joint-use facility,
 1423  or cooperative career education facility must be based on
 1424  capital outlay full-time equivalent student enrollment data
 1425  prepared by the department for school districts and Florida
 1426  College System institutions and by the Chancellor of the State
 1427  University System for universities. A survey of space needs of a
 1428  joint-use facility shall be based upon the respective space
 1429  needs of the school districts, Florida College System
 1430  institutions, and universities, as appropriate. Projections of a
 1431  school district’s facility space needs may not exceed the norm
 1432  space and occupant design criteria established by the State
 1433  Requirements for Educational Facilities.
 1434         3. Each Florida College System institution’s survey must
 1435  reflect the capacity of existing facilities as specified in the
 1436  inventory maintained by the Department of Education. Projections
 1437  of facility space needs must comply with standards for
 1438  determining space needs as specified by rule of the State Board
 1439  of Education, consistent with the standards and metrics adopted
 1440  pursuant to s. 1013.03(2)(a). The 5-year projection of capital
 1441  outlay student enrollment must be consistent with the annual
 1442  report of capital outlay full-time student enrollment prepared
 1443  by the Department of Education.
 1444         4. Each state university’s survey must reflect the capacity
 1445  of existing facilities as specified in the inventory maintained
 1446  and validated by the Chancellor of the State University System.
 1447  Projections of facility space needs must be consistent with
 1448  standards for determining space needs as specified by regulation
 1449  of the Board of Governors, consistent with the standards and
 1450  metrics adopted pursuant to s. 1013.03(2)(a). The projected
 1451  capital outlay full-time equivalent student enrollment must be
 1452  consistent with the 5-year planned enrollment cycle for the
 1453  State University System approved by the Board of Governors.
 1454         5. The district educational facilities plan of a school
 1455  district and the educational plant survey of a Florida College
 1456  System institution, state university, or the Florida School for
 1457  the Deaf and the Blind may include space needs that deviate from
 1458  approved standards for determining space needs if the deviation
 1459  is justified by the district or institution and approved by the
 1460  department or the Board of Governors, as appropriate, as
 1461  necessary for the delivery of an approved educational program.
 1462         Section 22. Subsection (4) of section 1013.40, Florida
 1463  Statutes, is amended to read:
 1464         1013.40 Planning and construction of Florida College System
 1465  institution facilities; property acquisition.—
 1466         (4) The campus of a Florida College System institution
 1467  within a municipality designated as an area of critical state
 1468  concern, as defined in s. 380.05, and having a comprehensive
 1469  plan and land development regulations containing a building
 1470  permit allocation system that limits annual growth, may
 1471  construct dormitories for up to 300 beds for Florida College
 1472  System institution students. Such dormitories are exempt from
 1473  the building permit allocation system and may be constructed up
 1474  to 45 feet in height if the dormitories are otherwise consistent
 1475  with the comprehensive plan, the Florida College System
 1476  institution has a hurricane evacuation plan that requires all
 1477  dormitory occupants to be evacuated 48 hours in advance of
 1478  tropical force winds, and transportation is provided for
 1479  dormitory occupants during an evacuation. State funds and
 1480  tuition and fee revenues may not be used for construction, debt
 1481  service payments, maintenance, or operation of such dormitories.
 1482  Additional dormitory beds constructed after July 1, 2016, may
 1483  not be financed through the issuance of bonds by the Florida
 1484  College System institution; however, bonds may be issued by
 1485  nonpublic entities as part of a public-private partnership
 1486  between the college and a nonpublic entity.
 1487         Section 23. Subsections (2) and (3) of section 1013.60,
 1488  Florida Statutes, are renumbered as subsections (3) and (4),
 1489  respectively, subsection (1) of that section is amended, and a
 1490  new subsection (2) is added to that section, to read:
 1491         1013.60 Legislative capital outlay budget request.—
 1492         (1) The Commissioner of Education shall develop a budget
 1493  request allocation plan procedure deemed appropriate in arriving
 1494  at the appropriate amounts required to fund each project
 1495  projects as reflected in the integrated, comprehensive budget
 1496  request required by this section. The official estimates for
 1497  funds accruing to the Public Education Capital Outlay and Debt
 1498  Service Trust Fund made by the Revenue Estimating Conference
 1499  shall be used in determining the budget request pursuant to this
 1500  section. The commissioner, in consultation with the
 1501  appropriations committees of the Legislature, shall provide
 1502  annually an estimate of funds that shall be utilized by Florida
 1503  College System institutions and universities in developing their
 1504  required 3-year prioritized priority lists pursuant to s.
 1505  1013.64.
 1506         (2)The commissioner shall include with the submission of
 1507  each updated budget request allocation plan an assessment over
 1508  the 3 years of the plan of the amount of state funding needed to
 1509  complete previously funded projects compared to the amount of
 1510  funds provided in the Public Education Capital Outlay and Debt
 1511  Service Trust Fund for projects funded in a prior year and which
 1512  require additional state funds for completion.
 1513         Section 24. Paragraph (a) of subsection (4) of section
 1514  1013.64, Florida Statutes, is amended, and paragraphs (i) and
 1515  (j) are added to subsection (1) of that section, to read:
 1516         1013.64 Funds for comprehensive educational plant needs;
 1517  construction cost maximums for school district capital
 1518  projects.—Allocations from the Public Education Capital Outlay
 1519  and Debt Service Trust Fund to the various boards for capital
 1520  outlay projects shall be determined as follows:
 1521         (1)
 1522         (i)The Board of Governors shall specify by regulation the
 1523  procedures for the reporting of funds appropriated or expended
 1524  pursuant to this section or s. 1011.45. Each university shall
 1525  report the amounts expended by the university from all sources,
 1526  including, but not limited to, the Public Education Capital
 1527  Outlay and Debt Service Trust Fund and carry forward funds.
 1528         (j)The State Board of Education shall specify by rule the
 1529  procedures for the reporting of funds appropriated or expended
 1530  pursuant to this section or s. 1013.841. Each Florida College
 1531  System institution shall report the amounts expended by the
 1532  institution from all sources, including, but not limited to, the
 1533  Public Education Capital Outlay and Debt Service Trust Fund and
 1534  carry forward funds.
 1535         (4)(a) Florida College System institution boards of
 1536  trustees and university boards of trustees shall receive funds
 1537  for projects based on a 3-year prioritized priority list, to be
 1538  updated annually, which is submitted to the Legislature in the
 1539  legislative budget request at least 90 days before prior to the
 1540  legislative session. The State Board of Education shall submit a
 1541  3-year prioritized priority list for Florida College System
 1542  institutions, and the Board of Governors shall submit a 3-year
 1543  prioritized priority list for universities to the Legislature
 1544  not later than 60 days before each regular legislative session
 1545  which shall be updated upon request after subsequent estimating
 1546  conferences. The sum of each year’s project lists must consider
 1547  the total amount to be distributed for construction and
 1548  renovation provided for each year pursuant to the 3-year budget
 1549  request allocation plan developed by the Commissioner of
 1550  Education pursuant to s. 1013.60. The lists shall reflect
 1551  decisions by the State Board of Education pursuant to s. 1001.03
 1552  for Florida College System institutions and the Board of
 1553  Governors pursuant to s. 1001.706 for state universities
 1554  concerning program priorities that implement the statewide plan
 1555  for program growth and quality improvement in education. No
 1556  remodeling or renovation project shall be included on the 3-year
 1557  priority list unless the project has been recommended pursuant
 1558  to s. 1013.31 or is for the purpose of correcting health and
 1559  safety deficiencies. No new construction project shall be
 1560  included on the first year of the 3-year priority list unless
 1561  the educational specifications have been approved by the
 1562  commissioner for a Florida College System institution project or
 1563  by the Board of Governors for a university project, as
 1564  applicable. The funds requested for a new construction project
 1565  in the first year of the 3-year priority list shall be in
 1566  conformance with the scope of the project as defined in the
 1567  educational specifications. Any new construction project
 1568  requested in the first year of the 3-year priority list which is
 1569  not funded by the Legislature shall be carried forward to be
 1570  listed first in developing the updated 3-year priority list for
 1571  the subsequent year’s capital outlay budget. Should the order of
 1572  the priority of the projects change from year to year, a
 1573  justification for such change shall be included with the updated
 1574  priority list.
 1575         Section 25. Section 1013.841, Florida Statutes, is created
 1576  to read:
 1577         1013.841End of year balance of Florida College System
 1578  institution funds.—
 1579         (1)Unexpended amounts in any fund in any Florida College
 1580  System institution current year state operating budget shall be
 1581  carried forward and included as the balance forward for that
 1582  fund in the approved operating budget for the following year.
 1583         (2)(a)Each Florida College System institution with a final
 1584  FTE less than 15,000 for the prior year shall maintain a minimum
 1585  carry forward balance of at least 5 percent of its state
 1586  operating budget. If a Florida College System institution fails
 1587  to maintain a 5 percent balance in state operating funds, the
 1588  president shall provide written notification to the State Board
 1589  of Education.
 1590         (b)Each Florida College System institution with a final
 1591  FTE less than 15,000 for the prior year that retains a state
 1592  operating fund carry forward balance in excess of the 5 percent
 1593  minimum shall submit a spending plan for its excess carry
 1594  forward balance. The spending plan shall include all excess
 1595  carry forward funds from state operating funds. The spending
 1596  plan shall be submitted to the Florida College System
 1597  institution’s board of trustees for approval and publishing by
 1598  September 1, 2019, and each September 1 thereafter.
 1599         (3)(a)Each Florida College System institution with a final
 1600  FTE of 15,000 or greater for the prior year shall maintain a
 1601  minimum carry forward balance of at least 7 percent of its state
 1602  operating budget. If a Florida College System institution fails
 1603  to maintain a 7 percent balance in state operating funds, the
 1604  institution shall submit a plan to the State Board of Education
 1605  to attain the minimum balance.
 1606         (b)Each Florida College System institution with a final
 1607  FTE of 15,000 or greater for the prior year that retains a state
 1608  operating fund carry forward balance in excess of the 7 percent
 1609  minimum shall submit a spending plan for its excess carry
 1610  forward balance. The spending plan shall include all excess
 1611  carry forward funds from state operating funds. The spending
 1612  plan shall be submitted to the Florida College System
 1613  institution’s board of trustees for approval and publishing by
 1614  September 1, 2019, and each September 1 thereafter. The Florida
 1615  College System institution shall submit approved plans to the
 1616  State Board of Education for publication and review by October
 1617  1, 2019, and each October 1 thereafter.
 1618         (4)A Florida College System institution identified in
 1619  paragraph (3)(a) must include in its carry forward spending plan
 1620  the estimated cost per planned expenditure and a timeline for
 1621  completion of the expenditure. Authorized expenditures in a
 1622  carry forward spending plan may include:
 1623         (a)Commitment of funds to a public education capital
 1624  outlay project for which an appropriation was previously
 1625  provided, which requires additional funds for completion, and
 1626  which is included in the list required by s. 1001.03(18)(d);
 1627         (b)Completion of a renovation, repair, or maintenance
 1628  project that is consistent with the provisions of s. 1013.64(1),
 1629  up to $5 million per project;
 1630         (c)Completion of a remodeling or infrastructure project,
 1631  up to $10 million per project, if such project is survey
 1632  recommended pursuant to s. 1013.31;
 1633         (d)Completion of a repair or replacement project necessary
 1634  due to damage caused by a natural disaster for buildings
 1635  included in the inventory required pursuant to s. 1013.31; and
 1636         (e)Operating expenditures that support the Florida College
 1637  System institution’s mission which are nonrecurring.
 1638         (f)Any purpose approved by the state board or specified in
 1639  the General Appropriations Act.
 1640         Section 26. By December 1, 2020, all survey recommended
 1641  projects for each state university and Florida College System
 1642  institution shall be reviewed and revised to incorporate the
 1643  updated space need calculation requirements as specified in s.
 1644  1013.31(1)(c), Florida Statutes.
 1645         Section 27. This act shall take effect July 1, 2019.