CS for SB 190                                    First Engrossed
       
       
       
       
       
       
       
       
       2019190e1
       
    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         215.985, F.S.; requiring employees and officers of
    8         Florida College System institutions to be included in
    9         a Department of Management Services website that
   10         provides specified information relating to such
   11         employees or officers; amending s. 216.136, F.S.;
   12         requiring the Revenue Estimating Conference to provide
   13         a maximum appropriation estimate assuming the full
   14         utilization of bonding; requiring the conference to
   15         determine maximum appropriations assuming average
   16         bonding capacities for specified years; providing an
   17         expiration date; amending s. 1001.03, F.S.; requiring
   18         the State Board of Education to develop a prioritized
   19         list of capital projects based on previously funded
   20         but not completed projects and ranked priorities for
   21         Florida College System institutions; requiring the
   22         State Board of Education to develop a points-based
   23         prioritization method to rank projects based on
   24         specified criteria; specifying that specified new
   25         projects at a Florida College System institution with
   26         a final FTE of 15,000 or greater must satisfy
   27         specified criteria; requiring weighted values within
   28         the point scale; requiring the State Board of
   29         Education to maintain a list of capital outlay
   30         projects for which state funds have been appropriated
   31         but which have not been completed; requiring the State
   32         Board of Education to review its space need
   33         calculation methodology and to present a summary and
   34         preliminary recommendations to the chairs of the
   35         legislative appropriations committees by a specified
   36         date and at a specified interval thereafter; amending
   37         s. 1001.706, F.S.; requiring the Board of Governors to
   38         develop and annually deliver a training program for
   39         members of state university boards of trustees;
   40         requiring trustee participation within a specified
   41         timeframe of appointment and reappointment; requiring
   42         the inclusion of certain information in the training
   43         program; requiring the board to define data components
   44         and methodology for specified purposes; requiring
   45         state universities to submit annual institutional
   46         audits to the board’s Office of Inspector General;
   47         requiring the board to match certain student
   48         information with specified educational and employment
   49         records; requiring the board to enter into an
   50         agreement with the Department of Economic Opportunity
   51         for certain purposes; providing requirements for such
   52         agreement; requiring the Board of Governors to develop
   53         a prioritized list of capital projects based on
   54         previously funded but not completed projects and
   55         ranked priorities at state universities; requiring the
   56         Board of Governors to develop a points-based
   57         prioritization method to rank projects based on
   58         specified criteria; requiring the board to consider
   59         specified criteria for certain projects; requiring
   60         weighted values within the point scale; requiring the
   61         Board of Governors to maintain a list of capital
   62         outlay projects for which state funds have been
   63         appropriated but which have not been completed;
   64         requiring the Board of Governors to review and submit
   65         its space need calculation methodology; amending s.
   66         1004.70, F.S.; prohibiting a Florida College System
   67         institution direct-support organization from giving,
   68         directly or indirectly, any gift to a political
   69         committee; amending s. 1007.23, F.S.; requiring the
   70         statewide articulation agreement to include a reverse
   71         transfer agreement for students transferring from a
   72         Florida College System institution to a state
   73         university without having earned an associate in arts
   74         degree; requiring, by a specified academic year,
   75         Florida College System institutions and state
   76         universities to execute agreements to establish “2+2”
   77         targeted pathway programs; providing requirements for
   78         such agreements; specifying requirements for student
   79         participation; requiring the State Board of Education
   80         and the Board of Governors to collaborate to eliminate
   81         barriers in executing pathway articulation agreements;
   82         amending s. 1007.25, F.S.; requiring a university to,
   83         at specified times, notify students enrolled at the
   84         university of the criteria and option to request an
   85         associate in arts degree; requiring that universities
   86         notify students not enrolled at the university who
   87         meet specified criteria of the option to receive an
   88         associate in arts degree, beginning with students
   89         enrolled in the 2018-2019 academic year and
   90         thereafter; amending s. 1008.32, F.S.; requiring the
   91         Commissioner of Education to report certain audit
   92         findings to the State Board of Education under certain
   93         circumstances; requiring district school boards and
   94         Florida College System institutions’ boards of
   95         trustees to document compliance with the law under
   96         certain circumstances; amending s. 1008.322, F.S.;
   97         requiring the Chancellor of the State University
   98         System to report certain audit findings to the Board
   99         of Governors under certain circumstances; requiring
  100         state universities’ boards of trustees to document
  101         compliance with the law under certain circumstances;
  102         amending s. 1009.215, F.S.; revising the academic
  103         terms in which certain students are eligible to
  104         receive Bright Futures Scholarships; providing that
  105         such students may receive the scholarships for the
  106         fall term for specified coursework under certain
  107         circumstances; amending s. 1009.53, F.S.; removing a
  108         requirement for a Florida high school graduate to
  109         enroll in certain programs within 3 years of
  110         graduation from high school in order to receive funds
  111         from the Florida Bright Futures Scholarship Program;
  112         expanding the Florida Bright Futures Scholarship
  113         Program to include the Florida Gold Seal CAPE
  114         Scholarship; conforming provisions to changes made by
  115         the act; removing a limitation of 45 semester credit
  116         hours or the equivalent for an annual award for the
  117         scholarship program; requiring an institution that
  118         receives scholarship funds for summer terms to certify
  119         to the department certain funding information and
  120         remit any undisbursed funds within a specified time;
  121         amending s. 1009.531, F.S.; expanding the eligibility
  122         for an initial award of a scholarship under the
  123         Florida Bright Futures Scholarship Program to include
  124         students who earn a high school diploma from a private
  125         school; modifying the date by which certain students
  126         must apply for a scholarship under the program;
  127         deleting provisions relating to scholarship
  128         eligibility and application requirements for certain
  129         students who graduated from high school during
  130         specified years; extending the amount of time in which
  131         a student may reapply for an award to 5 years after
  132         high school graduation; extending the amount of time
  133         in which a student who enlists in the United States
  134         Armed Forces immediately after high school may apply
  135         for an award to 5 years after separation from active
  136         duty; providing that a student who is unable to accept
  137         an initial award due to a religious or service
  138         obligation may apply for an award within 5 years after
  139         the completion of his or her religious or service
  140         obligation; requiring that school districts provide a
  141         Florida Bright Futures Scholarship Evaluation Report
  142         and Key only to students in specified grades; allowing
  143         a student who does not meet certain requirements for a
  144         program award additional time to meet such
  145         requirements under certain conditions; providing that
  146         such students who timely meet the requirements must
  147         receive an award for the full academic year; revising
  148         the minimum examination scores required for a student
  149         to be eligible for a Florida Academic Scholars award
  150         or a Florida Medallion Scholars award; requiring the
  151         Department of Education to develop a method for
  152         determining the required examination scores which
  153         ensures equivalency between specified examinations and
  154         is consistent with specified limitations; requiring
  155         the department to publish any changes to examination
  156         score requirements; conforming a provision to changes
  157         made by the act; amending s. 1009.532, F.S.; revising
  158         student eligibility requirements for renewal of
  159         Florida Bright Futures Scholarship Program awards;
  160         removing obsolete language; conforming provisions to
  161         changes made by the act; amending s. 1009.536, F.S.;
  162         permitting certain Florida Gold Seal CAPE Scholars to
  163         receive an award from a specified funding source;
  164         providing grade point average requirements for Florida
  165         Gold Seal CAPE Scholars; removing limitations for
  166         certain academic years on the number of credit hours
  167         to which a student may apply a Florida Gold Seal
  168         Vocational Scholarship; amending s. 1011.45, F.S.;
  169         requiring each state university to maintain a minimum
  170         carry forward balance of at least 7 percent of its
  171         state operating budget; requiring a university that
  172         fails to maintain such balance to submit a plan to the
  173         Board of Governors to attain the minimum balance;
  174         requiring each university with a carry forward balance
  175         in excess of 7 percent to submit a spending plan to
  176         the university board of trustees; specifying
  177         requirements and authorized expenditures in such
  178         spending plan; requiring each university chief
  179         financial officer to certify annually the unexpended
  180         amount of carry forward amounts from specified funds;
  181         amending s. 1011.80, F.S.; removing a limitation on
  182         the maximum amount of funding that may be appropriated
  183         for performance funding relating to funds for
  184         operation of workforce education programs; creating s.
  185         1011.802, F.S.; creating the Florida Pathways to
  186         Career Opportunities Grant Program; providing for
  187         funding; providing purpose, requirements, and
  188         administration of the program; requiring certain
  189         career centers and institutions to provide quarterly
  190         reports; authorizing rulemaking; amending s. 1011.81,
  191         F.S.; removing a limitation on the maximum amount of
  192         funding that may be appropriated for performance
  193         funding relating to industry certifications for
  194         Florida College System institutions; amending s.
  195         1011.84, F.S.; establishing a threshold of the
  196         unencumbered balance at a Florida College System
  197         institution based on the final FTE at the Florida
  198         College System institution in the prior year;
  199         requiring each Florida College System institution
  200         chief financial officer to annually certify the
  201         unexpended amount of specified funds; amending s.
  202         1013.03, F.S.; requiring the State Board of Education
  203         and the Board of Governors to establish uniform space
  204         utilization standards that include standards for post
  205         secondary classroom and teaching laboratory space;
  206         requiring the State Board of Education and the Board
  207         of Governors to adopt standards for use in each
  208         Florida College System institution’s and state
  209         university’s survey; requiring the State Board of
  210         Education and the Board of Governors to define and
  211         apply specified space utilization metrics when
  212         calculating space need; amending s. 1013.31, F.S.;
  213         requiring projections for facility space needs for
  214         each Florida College System institution to comply with
  215         specified space needs utilization standards and
  216         metrics; requiring projections for facility space
  217         needs for each state university to comply with
  218         specified space needs utilization standards and
  219         metrics; amending s. 1013.40, F.S.; prohibiting the
  220         finance of additional dormitory beds through the
  221         issuance of bonds by Florida College System
  222         institutions; providing that bonds may be issued by
  223         nonpublic entities as part of a public-private
  224         partnership; amending s. 1013.60, F.S.; requiring the
  225         Commissioner of Education to develop a budget request
  226         allocation plan for a specified purpose; establishing
  227         requirements for the budget request allocation plan to
  228         include an assessment over the 3 years of the plan of
  229         the amount of state funding needed to complete
  230         previously funded projects; amending s. 1013.64, F.S.;
  231         requiring the Board of Governors to specify by
  232         regulation the procedures for reporting or expending
  233         specified funds; requiring each university to report
  234         expended amounts from all sources; requiring the State
  235         Board of Education to specify by rule the procedures
  236         for the reporting of specified funds appropriated or
  237         expended; establishing a timeframe by which the State
  238         Board of Education and Board of Governors must update
  239         the capital outlay project list, with specified
  240         criteria; creating s. 1013.841, F.S.; requiring
  241         unexpended amounts in any fund in any Florida College
  242         System institution current year state operating budget
  243         to be carried forward and included in the approved
  244         operating budget for the following year; requiring
  245         each Florida College System institution with a final
  246         FTE of less than 15,000 to maintain a minimum carry
  247         forward balance of at least 5 percent of its state
  248         operating budget; requiring each Florida College
  249         System institution president, if the institution fails
  250         to maintain such balance, to provide written
  251         notification to the State Board of Education;
  252         requiring each Florida College System institution with
  253         a final FTE of less than 15,000 that retains a state
  254         operating fund carry forward balance in excess of 5
  255         percent to submit a spending plan for its excess carry
  256         forward funds with specified requirements; requiring
  257         each Florida College System institution with a final
  258         FTE of 15,000 or greater to maintain a minimum carry
  259         forward balance of at least 7 percent of its state
  260         operating budget; requiring each Florida College
  261         System institution with a final FTE of 15,000 or
  262         greater that retains a state operating fund carry
  263         forward balance in excess of 7 percent to submit a
  264         spending plan for its excess carry forward funds with
  265         specified requirements; requiring that state
  266         university and Florida College System institution
  267         project surveys must utilize updated space need
  268         calculations; providing an effective date.
  269          
  270  Be It Enacted by the Legislature of the State of Florida:
  271  
  272         Section 1. Paragraph (c) of subsection (2) of section
  273  11.45, Florida Statutes, is amended to read:
  274         11.45 Definitions; duties; authorities; reports; rules.—
  275         (2) DUTIES.—The Auditor General shall:
  276         (c) Annually conduct financial audits of all state
  277  universities and Florida College System institutions and verify
  278  the accuracy of the amounts certified by each state university
  279  and Florida College System institution chief financial officer
  280  pursuant to ss. 1011.45 and 1011.84 state colleges.
  281  
  282  The Auditor General shall perform his or her duties
  283  independently but under the general policies established by the
  284  Legislative Auditing Committee. This subsection does not limit
  285  the Auditor General’s discretionary authority to conduct other
  286  audits or engagements of governmental entities as authorized in
  287  subsection (3).
  288         Section 2. Subsection (6) of section 215.985, Florida
  289  Statutes, is amended to read:
  290  215.985 Transparency in government spending.—
  291         (6) The Department of Management Services shall establish
  292  and maintain a website that provides current information
  293  relating to each employee or officer of a state agency, a state
  294  university, a Florida College System institution, or the State
  295  Board of Administration, regardless of the appropriation
  296  category from which the person is paid.
  297         (a) For each employee or officer, the information must
  298  include, at a minimum, his or her:
  299         1. Name and salary or hourly rate of pay.
  300         2. Position number, class code, and class title.
  301         3. Employing agency and budget entity.
  302         (b) The information must be searchable by state agency,
  303  state university, Florida College System institution, and the
  304  State Board of Administration, and by employee name, salary
  305  range, or class code and must be downloadable in a format that
  306  allows offline analysis.
  307         Section 3. Subsection (3) of section 216.136, Florida
  308  Statutes, is amended to read:
  309         216.136 Consensus estimating conferences; duties and
  310  principals.—
  311         (3) REVENUE ESTIMATING CONFERENCE.—
  312         (a) The Revenue Estimating Conference shall develop such
  313  official information with respect to anticipated state and local
  314  government revenues as the conference determines is needed for
  315  the state planning and budgeting system. Any principal may
  316  request the conference to review and estimate revenues for any
  317  trust fund.
  318         (b)For each year in a forecast period, the Revenue
  319  Estimating Conference must provide a maximum appropriation
  320  estimate, which includes bonding, for funds accruing to the
  321  Public Education Capital Outlay and Debt Service Trust Fund. The
  322  maximum available appropriation estimate for each year must
  323  assume the full utilization of available bonding capacity, as
  324  limited by s. 215.61, and the full utilization of remaining
  325  available cash balances.
  326         (c)For each of the 2020-2021, 2021-2022, and 2022-2023
  327  fiscal years, the conference shall also determine maximum
  328  appropriations available for funds accruing to the Public
  329  Education Capital Outlay and Debt Service Trust Fund, assuming
  330  that the bonding capacity for each year is equal to the average
  331  of annual bonding capacities, as determined under paragraph (b),
  332  of that year and the years remaining through the 2022-2023
  333  fiscal year. This paragraph expires July 1, 2023.
  334         Section 4. Subsection (18) is added to section 1001.03,
  335  Florida Statutes, to read:
  336         1001.03 Specific powers of State Board of Education.—
  337         (18)PUBLIC EDUCATION CAPITAL OUTLAY.—The State Board of
  338  Education shall develop and submit the prioritized list required
  339  by s. 1013.64(4). Projects considered for prioritization shall
  340  be chosen from a preliminary selection group that shall include
  341  the list of projects maintained pursuant to paragraph (d) and up
  342  to the top five ranked priorities of each Florida College System
  343  institution.
  344         (a)The state board shall develop a points-based
  345  prioritization method to rank projects for consideration from
  346  the preliminary selection group and award points for the degree
  347  to which a project meets specific criteria compared to other
  348  projects in the preliminary selection group. The state board
  349  shall consider criteria that evaluates the degree to which:
  350         1.The project was previously funded by the Legislature and
  351  the amount of funds needed for completion constitute a
  352  relatively low percentage of total project costs;
  353         2.The project represents a building maintenance project or
  354  the repair of utility infrastructure which is necessary to
  355  preserve a safe environment for students and staff, or a project
  356  that is necessary to maintain the operation of a Florida College
  357  System institution site, and for which the institution can
  358  demonstrate that it has no other funding source available to
  359  complete the project;
  360         3.The project addresses the greatest current or projected
  361  need for space as indicated by factors such as increased
  362  instructional capacity that enhances educational opportunities
  363  for students;
  364         4.The project reflects a ranked priority of the submitting
  365  Florida College System institution;
  366         5.The project represents the most practical and cost
  367  effective replacement or renovation of an existing building;
  368         6. The project is deemed by the state board to be integral
  369  to the mission of the system or the institution in serving the
  370  strategic needs of communities, regions, or the state; and
  371         7. For a new construction, remodeling, or renovation
  372  project that has not received a prior appropriation, the project
  373  has received, or has commitments to receive, funding from
  374  sources other than a project-specific state appropriation to
  375  assist with completion of the project and future maintenance
  376  needs associated with the project; the project is needed to
  377  preserve the safety of persons using the facility; or the
  378  project is consistent with a strategic legislative or state
  379  board initiative.
  380         (b) For each Florida College System institution with a
  381  final FTE of 15,000 or greater for the prior year, a new
  382  construction, remodeling, or renovation project that has not
  383  received an appropriation in a previous year may not be
  384  considered for inclusion on the prioritized list required by s.
  385  1013.64(4), unless:
  386         1. There are sufficient excess funds from the allocation
  387  provided pursuant to s. 1013.60 within the 3-year planning
  388  period which are not needed to complete the projects listed
  389  pursuant to paragraph (d); and
  390         2. The project has been recommended pursuant to s. 1013.31.
  391         (c) The project scoring the highest for each criterion
  392  shall be awarded the maximum points in the range of points
  393  within the points scale developed by the state board. The state
  394  board shall weight the value of criteria such that the maximum
  395  points awarded for each criterion represents a percent of the
  396  total maximum points.
  397         (d) The state board shall continually maintain a list of
  398  all public education capital outlay projects for which state
  399  funds were previously appropriated and have not been completed.
  400  The list shall include an estimate of the amount of state
  401  funding needed for the completion of each project.
  402         (e) The state board shall review its space need calculation
  403  methodology developed pursuant to s. 1013.03(2)(a) and present a
  404  summary of its work with preliminary draft recommendations to
  405  the chairs of the Senate and the House of Representatives
  406  appropriations committees by January 15, 2020, and every 3 years
  407  thereafter.
  408         Section 5. Paragraph (e) of subsection (5) of section
  409  1001.706, Florida Statutes, is amended, paragraph (j) is added
  410  to subsection (3) and paragraph (i) is added to subsection (5)
  411  of that section, and subsection (12) is added to that section,
  412  to read:
  413         1001.706 Powers and duties of the Board of Governors.—
  414         (3) POWERS AND DUTIES RELATING TO ORGANIZATION AND
  415  OPERATION OF STATE UNIVERSITIES.—
  416         (j) The Board of Governors shall develop and annually
  417  deliver a training program for members of each state university
  418  board of trustees that addresses the role of such boards in
  419  governing institutional resources and protecting the public
  420  interest. At a minimum, each trustee must participate in the
  421  training program within 1 year of appointment and reappointment
  422  to a university board of trustees. The program must include
  423  information on trustee responsibilities relating to all of the
  424  following:
  425         1. Meeting the statutory, regulatory, and fiduciary
  426  obligations of the board.
  427         2. Establishing internal process controls and
  428  accountability mechanisms for the institution’s president and
  429  other administrative officers.
  430         3. Oversight of planning, construction, maintenance,
  431  expansion, and renovation projects that impact the university’s
  432  consolidated infrastructure, physical facilities, and natural
  433  environment, including its lands, improvements, and capital
  434  equipment.
  435         4. Establishing policies that promote college
  436  affordability, including ensuring that the costs of university
  437  fees, textbooks, and instructional materials are minimized
  438  whenever possible.
  439         5. Creation and implementation of institutionwide rules and
  440  regulations.
  441         6. Institutional ethics and conflicts of interest.
  442         7. Best practices for board governance.
  443         8. Understanding current national and state issues in
  444  higher education.
  445         9. Any other responsibilities the Board of Governors deems
  446  necessary or appropriate.
  447         (5) POWERS AND DUTIES RELATING TO ACCOUNTABILITY.—
  448         (e) The Board of Governors shall maintain an effective
  449  information system to provide accurate, timely, and cost
  450  effective information about each university. The board shall
  451  continue to collect and maintain, at a minimum, management
  452  information as such information existed on June 30, 2002. To
  453  ensure consistency, the Board of Governors shall define the data
  454  components and methodology used to implement ss. 1001.7065 and
  455  1001.92. Each university shall conduct an annual audit to verify
  456  that the data submitted pursuant to ss. 1001.7065 and 1001.92
  457  complies with the data definitions established by the board and
  458  submit the audits to the Board of Governors Office of Inspector
  459  General as part of the annual certification process required by
  460  the Board of Governors.
  461         (i) The Board of Governors shall match individual student
  462  information with information in the files of state and federal
  463  agencies that maintain educational and employment records. The
  464  board must enter into an agreement with the Department of
  465  Economic Opportunity that allows access to the individual
  466  reemployment assistance wage records maintained by the
  467  department. The agreement must protect individual privacy and
  468  provide that student information may be used only for the
  469  purposes of auditing or evaluating higher education programs
  470  offered by state universities.
  471         (12) PUBLIC EDUCATION CAPITAL OUTLAY.—The Board of
  472  Governors shall submit the prioritized list as required by s.
  473  1013.64(4). Projects considered for prioritization shall be
  474  chosen from a preliminary selection group that shall include the
  475  list of projects maintained pursuant to paragraph (d) and up to
  476  the top five ranked priorities of each state university.
  477         (a) The board shall develop a points-based prioritization
  478  method to rank projects for consideration from the preliminary
  479  selection group and award points for the degree to which a
  480  project meets specific criteria compared to other projects in
  481  the preliminary selection group. The board shall consider
  482  criteria that evaluate the degree to which:
  483         1. The project was funded previously by the Legislature and
  484  the amount of funds needed for completion constitutes a
  485  relatively low percentage of total project costs;
  486         2. The project represents a building maintenance project or
  487  the repair of utility infrastructure which is necessary to
  488  preserve a safe environment for students and staff, or a project
  489  that is necessary to maintain the operation of a university
  490  site, and for which the university can demonstrate it has no
  491  other fund source available to complete the project;
  492         3. The project addresses the greatest current or projected
  493  need for space as indicated by factors such as increased
  494  instructional or research capacity that enhances educational
  495  opportunities for students;
  496         4. The project reflects a ranked priority of the submitting
  497  university;
  498         5. The project represents the most practical and cost-
  499  effective replacement or renovation of an existing building;
  500         6. The project is deemed integral to the mission of the
  501  system or the institution in serving the strategic needs of
  502  communities, regions, or this state; and
  503         7. For a new construction, remodeling, or renovation
  504  project that has not received a prior appropriation, the project
  505  has received, or has commitments to receive, funding from
  506  sources other than a project-specific state appropriation to
  507  assist with completion of the project and future maintenance
  508  needs associated with the project; the project is needed to
  509  preserve the safety of persons using the facility; or the
  510  project is consistent with a strategic legislative or board
  511  initiative.
  512         (b) A new construction, remodeling, or renovation project
  513  that has not received an appropriation in a previous year may
  514  not be considered for inclusion on the prioritized list required
  515  by s. 1013.64(4), unless:
  516         1. There are sufficient excess funds from the allocation
  517  provided pursuant to s. 1013.60 within the 3-year planning
  518  period which are not needed to complete the projects listed
  519  pursuant to paragraph (d); and
  520         2. The project has been recommended pursuant to s. 1013.31.
  521         (c) The project scoring the highest for each criterion
  522  shall be awarded the maximum points in the range of points
  523  within the points scale developed by the board. The board shall
  524  weight the value of criteria such that the maximum points
  525  awarded for each criterion represent a percent of the total of
  526  maximum points.
  527         (d) The board shall continually maintain a list of all
  528  public education capital outlay projects for which state funds
  529  were previously appropriated which have not been completed. The
  530  list shall include an estimate of the amount of state funding
  531  needed for the completion of each project.
  532         (e) The board shall review its space need calculation
  533  methodology developed pursuant to s. 1013.03(2)(a) and present a
  534  summary of its work with preliminary draft recommendations to
  535  the chairs of the Senate and the House of Representatives
  536  appropriations committees by January 15, 2020, and every 3 years
  537  thereafter.
  538         Section 6. Paragraph (d) of subsection (4) of section
  539  1004.70, Florida Statutes, is amended to read:
  540         1004.70 Florida College System institution direct-support
  541  organizations.—
  542         (4) ACTIVITIES; RESTRICTIONS.—
  543         (d) A Florida College System institution direct-support
  544  organization is prohibited from giving, either directly or
  545  indirectly, any gift to a political committee as defined in s.
  546  106.011 for any purpose other than those certified by a majority
  547  roll call vote of the governing board of the direct-support
  548  organization at a regularly scheduled meeting as being directly
  549  related to the educational mission of the Florida College System
  550  institution.
  551         Section 7. Subsections (7) and (8) are added to section
  552  1007.23, Florida Statutes, to read:
  553         1007.23 Statewide articulation agreement.—
  554         (7) The articulation agreement must specifically provide
  555  for a reverse transfer agreement for Florida College System
  556  associate in arts degree-seeking students who transfer to a
  557  state university before earning an associate in arts degree.
  558  Students must be awarded an associate in arts degree by the
  559  Florida College System institution upon completion of degree
  560  requirements at the state university if the student earned more
  561  than 30 credit hours toward the associate in arts degree from
  562  the Florida College System institution. State universities must
  563  identify students who have completed the requirements for the
  564  associate in arts degree and, upon student consent, transfer
  565  credits earned at the state university back to the Florida
  566  College System institution so that the associate in arts degree
  567  may be awarded by the Florida College System institution.
  568         (8) By the 2019-2020 academic year, to strengthen Florida’s
  569  “2+2” system of articulation and improve student retention and
  570  on-time graduation, each Florida College System institution
  571  shall execute at least one “2+2” targeted pathway articulation
  572  agreement with one or more state universities, and each state
  573  university shall execute at least one such agreement with one or
  574  more Florida College System institutions to establish “2+2”
  575  targeted pathway programs. The agreement must provide students
  576  who graduate with an associate in arts degree and who meet
  577  specified requirements guaranteed access to the state university
  578  and a degree program at that university, in accordance with the
  579  terms of the “2+2” targeted pathway articulation agreement.
  580         (a)To participate in a “2+2” targeted pathway program, a
  581  student must:
  582         1.Enroll in the program before completing 30 credit hours,
  583  including, but not limited to, college credits earned through
  584  articulated acceleration mechanisms pursuant to s. 1007.27;
  585         2.Complete an associate in arts degree; and
  586         3.Meet the university’s transfer requirements.
  587         (b)A state university that executes a “2+2” targeted
  588  pathway articulation agreement must meet the following
  589  requirements in order to implement a “2+2” targeted pathway
  590  program in collaboration with its partner Florida College System
  591  institution:
  592         1.Establish a 4-year, on-time graduation plan for a
  593  baccalaureate degree program, including, but not limited to, a
  594  plan for students to complete associate in arts degree programs,
  595  general education courses, common prerequisite courses, and
  596  elective courses;
  597         2.Advise students enrolled in the program about the
  598  university’s transfer and degree program requirements; and
  599         3.Provide students who meet the requirements under this
  600  paragraph with access to academic advisors and campus events and
  601  with guaranteed admittance to the state university and a degree
  602  program of the state university, in accordance with the terms of
  603  the agreement.
  604         (c)To assist the state universities and Florida College
  605  System institutions with implementing the “2+2” targeted pathway
  606  programs effectively, the State Board of Education and the Board
  607  of Governors shall collaborate to eliminate barriers in
  608  executing “2+2” targeted pathway articulation agreements.
  609         Section 8. Subsection (11) of section 1007.25, Florida
  610  Statutes, is amended to read:
  611         1007.25 General education courses; common prerequisites;
  612  other degree requirements.—
  613         (11) Students at state universities may request an
  614  associate in arts degree certificates if they have successfully
  615  completed the minimum requirements for the degree of associate
  616  in arts (A.A.). The university must grant the student an
  617  associate in arts degree if the student has successfully
  618  completed minimum requirements for the associate in arts degree,
  619  as determined by the state university college-level
  620  communication and computation skills adopted by the State Board
  621  of Education and 60 academic semester hours or the equivalent
  622  within a degree program area, including 36 semester hours in
  623  general education courses in the subject areas of communication,
  624  mathematics, social sciences, humanities, and natural sciences,
  625  consistent with the general education requirements specified in
  626  the articulation agreement pursuant to s. 1007.23. The
  627  university must notify students of the criteria and process for
  628  requesting an associate in arts degree during orientation.
  629  Additional notification must be provided to each student
  630  enrolled at the university upon completion of the requirements
  631  for an associate in arts degree. Beginning with students
  632  enrolled at the university in the 2018-2019 academic year and
  633  thereafter, the university must also notify any student who has
  634  not graduated from the university of the option and process to
  635  request an associate in arts degree if that student has
  636  completed the requirements for an associate in arts degree but
  637  has not reenrolled at the university in the subsequent fall
  638  semester and thereafter.
  639         Section 9. Subsection (2) of section 1008.32, Florida
  640  Statutes, is amended to read:
  641         1008.32 State Board of Education oversight enforcement
  642  authority.—The State Board of Education shall oversee the
  643  performance of district school boards and Florida College System
  644  institution boards of trustees in enforcement of all laws and
  645  rules. District school boards and Florida College System
  646  institution boards of trustees shall be primarily responsible
  647  for compliance with law and state board rule.
  648         (2)(a) The Commissioner of Education may investigate
  649  allegations of noncompliance with law or state board rule and
  650  determine probable cause. The commissioner shall report
  651  determinations of probable cause to the State Board of Education
  652  which shall require the district school board or Florida College
  653  System institution board of trustees to document compliance with
  654  law or state board rule.
  655         (b)The Commissioner of Education shall report to the State
  656  Board of Education any findings by the Auditor General that a
  657  district school board or Florida College System institution is
  658  acting without statutory authority or contrary to general law.
  659  The State Board of Education shall require the district school
  660  board or Florida College System institution board of trustees to
  661  document compliance with such law.
  662         Section 10. Subsection (3) of section 1008.322, Florida
  663  Statutes, is amended to read:
  664         1008.322 Board of Governors oversight enforcement
  665  authority.—
  666         (3)(a) The Chancellor of the State University System may
  667  investigate allegations of noncompliance with any law or Board
  668  of Governors’ rule or regulation and determine probable cause.
  669  The chancellor shall report determinations of probable cause to
  670  the Board of Governors, which may require the university board
  671  of trustees to document compliance with the law or Board of
  672  Governors’ rule or regulation.
  673         (b)The Chancellor of the State University System shall
  674  report to the Board of Governors any findings by the Auditor
  675  General that a university is acting without statutory authority
  676  or contrary to general law. The Board of Governors shall require
  677  the university board of trustees to document compliance with
  678  such law.
  679         Section 11. Effective July 1, 2019, and upon the expiration
  680  and reversion of the amendment made to section 1009.215, Florida
  681  Statutes, pursuant to section 13 of chapter 2018-10, Laws of
  682  Florida, subsection (3) of section 1009.215, Florida Statutes,
  683  is amended to read:
  684         1009.215 Student enrollment pilot program for the spring
  685  and summer terms.—
  686         (3) Students who are enrolled in the pilot program and who
  687  are eligible to receive Bright Futures Scholarships under ss.
  688  1009.53-1009.536 are shall be eligible to receive the
  689  scholarship award for attendance during the spring and summer
  690  terms. This student cohort is also eligible to receive Bright
  691  Futures Scholarships during the fall term which may be used for
  692  off-campus or online coursework, if Bright Futures Scholarship
  693  funding is provided by the Legislature for three terms for other
  694  eligible students during that academic year no more than 2
  695  semesters or the equivalent in any fiscal year, including the
  696  summer term.
  697         Section 12. Subsections (1), (2), and (3), paragraph (a) of
  698  subsection (4), subsection (5), and subsection (7) of section
  699  1009.53, Florida Statutes, are amended to read:
  700         1009.53 Florida Bright Futures Scholarship Program.—
  701         (1) The Florida Bright Futures Scholarship Program is
  702  created to establish a lottery-funded scholarship program to
  703  reward any Florida high school graduate who merits recognition
  704  of high academic achievement and who enrolls in a degree
  705  program, certificate program, or applied technology program at
  706  an eligible Florida public or private postsecondary education
  707  institution within 3 years of graduation from high school.
  708         (2) The Bright Futures Scholarship Program consists of four
  709  three types of awards: the Florida Academic Scholarship, the
  710  Florida Medallion Scholarship, the Florida Gold Seal CAPE
  711  Scholarship, and the Florida Gold Seal Vocational Scholarship.
  712         (3) The Department of Education shall administer the Bright
  713  Futures Scholarship Program according to rules and procedures
  714  established by the State Board of Education. A single
  715  application must be sufficient for a student to apply for any of
  716  the three types of awards. The department shall advertise the
  717  availability of the scholarship program and shall notify
  718  students, teachers, parents, certified school counselors, and
  719  principals or other relevant school administrators of the
  720  criteria and application procedures. The department must begin
  721  this process of notification no later than January 1 of each
  722  year.
  723         (4) Funding for the Bright Futures Scholarship Program must
  724  be allocated from the Education Enhancement Trust Fund and must
  725  be provided before allocations from that fund are calculated for
  726  disbursement to other educational entities.
  727         (a) If funds appropriated are not adequate to provide the
  728  maximum allowable award to each eligible applicant, awards in
  729  all three components of the program must be prorated using the
  730  same percentage reduction.
  731         (5) The department shall issue awards from the scholarship
  732  program annually. Annual awards may be for up to 45 semester
  733  credit hours or the equivalent. Before the registration period
  734  each semester, the department shall transmit payment for each
  735  award to the president or director of the postsecondary
  736  education institution, or his or her representative, except that
  737  the department may withhold payment if the receiving institution
  738  fails to report or to make refunds to the department as required
  739  in this section.
  740         (a) Within 30 days after the end of regular registration
  741  each semester, the educational institution shall certify to the
  742  department the eligibility status of each student who receives
  743  an award. After the end of the drop and add period, an
  744  institution is not required to reevaluate or revise a student’s
  745  eligibility status; however, an institution must make a refund
  746  to the department within 30 days after the end of the semester
  747  of any funds received for courses dropped by a student or
  748  courses from which a student has withdrawn after the end of the
  749  drop and add period, unless the student has been granted an
  750  exception by the department pursuant to subsection (11).
  751         (b) An institution that receives funds from the program for
  752  the fall and spring terms shall certify to the department the
  753  amount of funds disbursed to each student and shall remit to the
  754  department any undisbursed advances within 60 days after the end
  755  of regular registration. An institution that receives funds from
  756  the program for the summer term shall certify to the department
  757  the amount of funds disbursed to each student and shall remit to
  758  the department any undisbursed advances within 30 days after the
  759  end of the summer term.
  760         (c) Each institution that receives moneys through this
  761  program shall provide for a financial audit, as defined in s.
  762  11.45, conducted by an independent certified public accountant
  763  or the Auditor General for each fiscal year in which the
  764  institution expends program moneys in excess of $100,000. At
  765  least every 2 years, the audit shall include an examination of
  766  the institution’s administration of the program and the
  767  institution’s accounting of the moneys for the program since the
  768  last examination of the institution’s administration of the
  769  program. The report on the audit must be submitted to the
  770  department within 9 months after the end of the fiscal year. The
  771  department may conduct its own annual audit of an institution’s
  772  administration of the program. The department may request a
  773  refund of any moneys overpaid to the institution for the
  774  program. The department may suspend or revoke an institution’s
  775  eligibility to receive future moneys for the program if the
  776  department finds that an institution has not complied with this
  777  section. The institution must remit within 60 days any refund
  778  requested in accordance with this subsection.
  779         (d) Any institution that is not subject to an audit
  780  pursuant to this subsection shall attest, under penalty of
  781  perjury, that the moneys were used in compliance with law. The
  782  attestation shall be made annually in a form and format
  783  determined by the department.
  784         (7) A student may receive only one type of award from the
  785  Florida Bright Futures Scholarship Program at any given a time,
  786  but may transfer from one type of award to another through the
  787  renewal application process, if the student’s eligibility status
  788  changes. However, a student is not eligible to transfer from a
  789  Florida Medallion Scholarship, a Florida Gold Seal CAPE
  790  Scholarship, or a Florida Gold Seal Vocational Scholarship to a
  791  Florida Academic Scholarship. A student who receives an award
  792  from the program may also receive a federal family education
  793  loan or a federal direct loan, and the value of the award must
  794  be considered in the certification or calculation of the
  795  student’s loan eligibility.
  796         Section 13. Section 1009.531, Florida Statutes, is amended
  797  to read:
  798         1009.531 Florida Bright Futures Scholarship Program;
  799  student eligibility requirements for initial awards.—
  800         (1) In order to be eligible for an initial award from any
  801  of the three types of scholarships under the Florida Bright
  802  Futures Scholarship Program, a student must:
  803         (a) Be a Florida resident as defined in s. 1009.40 and
  804  rules of the State Board of Education.
  805         (b) Earn a standard Florida high school diploma pursuant to
  806  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282 or a high school
  807  equivalency diploma pursuant to s. 1003.435 unless:
  808         1. The student completes a home education program according
  809  to s. 1002.41; or
  810         2. The student earns a high school diploma from a non
  811  Florida school while living with a parent or guardian who is on
  812  military or public service assignment away from Florida; or
  813         3. The student earns a high school diploma from a Florida
  814  private school operating pursuant to s. 1002.42.
  815         (c) Be accepted by and enroll in an eligible Florida public
  816  or independent postsecondary education institution.
  817         (d) Be enrolled for at least 6 semester credit hours or the
  818  equivalent in quarter hours or clock hours.
  819         (e) Not have been found guilty of, or entered a plea of
  820  nolo contendere to, a felony charge, unless the student has been
  821  granted clemency by the Governor and Cabinet sitting as the
  822  Executive Office of Clemency.
  823         (f) Apply for a scholarship from the program by high school
  824  graduation. However, a student who graduates from high school
  825  midyear must apply no later than December August 31 of the
  826  student’s graduation year in order to be evaluated for and, if
  827  eligible, receive an award for the current academic year.
  828         (2)(a) A student graduating from high school prior to the
  829  2010-2011 academic year is eligible to accept an initial award
  830  for 3 years following high school graduation and to accept a
  831  renewal award for 7 years following high school graduation. A
  832  student who applies for an award by high school graduation and
  833  who meets all other eligibility requirements, but who does not
  834  accept his or her award, may reapply during subsequent
  835  application periods up to 3 years after high school graduation.
  836  For a student who enlists in the United States Armed Forces
  837  immediately after completion of high school, the 3-year
  838  eligibility period for his or her initial award shall begin upon
  839  the date of separation from active duty. For a student who is
  840  receiving a Florida Bright Futures Scholarship and discontinues
  841  his or her education to enlist in the United States Armed
  842  Forces, the remainder of his or her 7-year renewal period shall
  843  commence upon the date of separation from active duty.
  844         (b) Students graduating from high school in the 2010-2011
  845  and 2011-2012 academic years are eligible to accept an initial
  846  award for 3 years following high school graduation and to accept
  847  a renewal award for 5 years following high school graduation. A
  848  student who applies for an award by high school graduation and
  849  who meets all other eligibility requirements, but who does not
  850  accept his or her award, may reapply during subsequent
  851  application periods up to 3 years after high school graduation.
  852  For a student who enlists in the United States Armed Forces
  853  immediately after completion of high school, the 3-year
  854  eligibility period for his or her initial award and the 5-year
  855  renewal period shall begin upon the date of separation from
  856  active duty. For a student who is receiving a Florida Bright
  857  Futures Scholarship award and discontinues his or her education
  858  to enlist in the United States Armed Forces, the remainder of
  859  his or her 5-year renewal period shall commence upon the date of
  860  separation from active duty. If a course of study is not
  861  completed after 5 academic years, an exception of 1 year to the
  862  renewal timeframe may be granted due to a verifiable illness or
  863  other documented emergency pursuant to s. 1009.40(1)(b)4.
  864         (c) A student graduating from high school in the 2012-2013
  865  academic year and thereafter is eligible to receive an accept an
  866  initial award for 2 years following high school graduation and
  867  to accept a renewal award for 5 years following high school
  868  graduation. A student who applies for an award by high school
  869  graduation and who meets all other eligibility requirements, but
  870  who does not accept his or her award, may reapply during
  871  subsequent application periods up to 5 2 years after high school
  872  graduation. For a student who enlists in the United States Armed
  873  Forces immediately after completion of high school, the 2-year
  874  eligibility period for his or her initial award and the 5-year
  875  renewal period shall begin upon the date of separation from
  876  active duty. For a student who is receiving a Florida Bright
  877  Futures Scholarship award and discontinues his or her education
  878  to enlist in the United States Armed Forces, the remainder of
  879  his or her 5-year renewal period shall commence upon the date of
  880  separation from active duty. For a student who is unable to
  881  accept an initial award immediately after completion of high
  882  school due to a full-time religious or service obligation
  883  lasting at least 18 months which begins within 1 year after
  884  completion of high school, the 2-year eligibility period for his
  885  or her initial award and the 5-year renewal period begins begin
  886  upon the completion of his or her religious or service
  887  obligation. The organization sponsoring the full-time religious
  888  or service obligation must meet the requirements for nonprofit
  889  status under s. 501(c)(3) of the Internal Revenue Code or be a
  890  federal government service organization, including, but not
  891  limited to, the Peace Corps and AmeriCorps programs. The
  892  obligation must be documented in writing and verified by the
  893  entity for which the student completed the obligation on a
  894  standardized form prescribed by the department. If a course of
  895  study is not completed after 5 academic years, an exception of 1
  896  year to the renewal timeframe may be granted due to a verifiable
  897  illness or other documented emergency pursuant to s.
  898  1009.40(1)(b)4.
  899         (3) For purposes of calculating the grade point average to
  900  be used in determining initial eligibility for a Florida Bright
  901  Futures Scholarship, the department shall assign additional
  902  weights to grades earned in the following courses:
  903         (a) Courses identified in the course code directory as
  904  Advanced Placement, pre-International Baccalaureate,
  905  International Baccalaureate, International General Certificate
  906  of Secondary Education (pre-AICE), or Advanced International
  907  Certificate of Education.
  908         (b) Courses designated as academic dual enrollment courses
  909  in the statewide course numbering system.
  910  
  911  The department may assign additional weights to courses, other
  912  than those described in paragraphs (a) and (b), that are
  913  identified by the Department of Education as containing rigorous
  914  academic curriculum and performance standards. The additional
  915  weight assigned to a course pursuant to this subsection shall
  916  not exceed 0.5 per course. The weighted system shall be
  917  developed and distributed to all high schools in the state prior
  918  to January 1, 1998. The department may determine a student’s
  919  eligibility status during the senior year before graduation and
  920  may inform the student of the award at that time.
  921         (4) Each school district shall annually provide to each
  922  high school student in grade 11 or 12 a complete and accurate
  923  Florida Bright Futures Scholarship Evaluation Report and Key.
  924  The report shall be disseminated at the beginning of each school
  925  year. The report must include all high school coursework
  926  attempted, the number of credits earned toward each type of
  927  award, and the calculation of the grade point average for each
  928  award. The report must also identify all requirements not met
  929  per award, including the grade point average requirement, as
  930  well as identify the awards for which the student has met the
  931  academic requirements. The student report cards must contain a
  932  disclosure that the grade point average calculated for purposes
  933  of the Florida Bright Futures Scholarship Program may differ
  934  from the grade point average on the report card.
  935         (5) A student who wishes to qualify for a particular award
  936  within the Florida Bright Futures Scholarship Program, but who
  937  does not meet all of the requirements for that level of award by
  938  the applicable deadlines, may be allowed additional time to
  939  complete the requirements, nevertheless, receive the award if
  940  the principal of the student’s school or the district
  941  superintendent verifies that the deficiency is caused by the
  942  fact that school district personnel provided inaccurate or
  943  incomplete information to the student. The school district must
  944  provide a means for the student to correct the deficiencies and
  945  the student must correct them, either by completing comparable
  946  work at the postsecondary institution or by completing a
  947  directed individualized study program developed and administered
  948  by the school district. If the student does not complete the
  949  requirements by December 31 immediately following high school
  950  graduation, the student is ineligible to participate in the
  951  program. If the student completes the requirements by December
  952  31, the student must receive the award for the full academic
  953  year, including the fall term.
  954         (6)(a) The State Board of Education shall publicize the
  955  examination score required for a student to be eligible for a
  956  Florida Academic Scholars award, pursuant to s. 1009.534(1)(a)
  957  or (b), as follows:
  958         1.For high school students graduating in the 2018-2019 and
  959  2019-2020 academic years, a student must achieve an SAT combined
  960  score of 1290 or an ACT composite score of 29.
  961         2.For high school students graduating in the 2020-2021
  962  academic year and thereafter, a student must achieve the
  963  required examination scores published by the department, which
  964  are determined as provided in subsection (c) High school
  965  students must earn an SAT score of 1290 which corresponds to the
  966  89th SAT percentile rank or a concordant ACT score of 29.
  967         (b) The State Board of Education shall publicize the
  968  examination score required for a student to be eligible for a
  969  Florida Medallion Scholars award, pursuant to s. 1009.535(1)(a)
  970  or (b), as follows:
  971         1.For high school students graduating in the 2018-2019 and
  972  2019-2020 academic years, a student must achieve an SAT combined
  973  score of 1170 or an ACT composite score of 26.
  974         2.For high school students graduating in the 2020-2021
  975  academic year and thereafter, a student must achieve the
  976  required examination scores published by the department, which
  977  are determined as provided in subsection (c) High school
  978  students must earn an SAT score of 1170 which corresponds to the
  979  75th SAT percentile rank or a concordant ACT score of 26.
  980         (c) To ensure that the required examination scores
  981  represent top student performance and are equivalent between the
  982  SAT and ACT, the department shall develop a method for
  983  determining the required examination scores which incorporates
  984  all of the following:
  985         1.The minimum required SAT score for the Florida Academic
  986  Scholarship must be set no lower than the 89th national
  987  percentile on the SAT. The department may adjust the required
  988  SAT score only if the required score drops below the 89th
  989  national percentile, and any such adjustment must be applied to
  990  the bottom of the SAT score range that is concordant to the ACT.
  991         2.The minimum required SAT score for the Florida Medallion
  992  Scholarship must be set no lower than the 75th national
  993  percentile on the SAT. The department may adjust the required
  994  SAT score only if the required score drops below the 75th
  995  national percentile, and any such adjustment must be made to the
  996  bottom of the SAT score range that is concordant to the ACT.
  997         3.The required ACT scores must be made concordant to the
  998  required SAT scores, using the latest published national
  999  concordance table developed jointly by the College Board and
 1000  ACT, Inc.
 1001         (d)Before each school year, the department shall publish
 1002  any changes to the examination score requirements that apply to
 1003  students graduating in the next 2 years The SAT percentile ranks
 1004  and corresponding SAT scores specified in paragraphs (a) and (b)
 1005  are based on the SAT percentile ranks for 2010 college-bound
 1006  seniors in critical reading and mathematics as reported by the
 1007  College Board. The next highest SAT score is used when the
 1008  percentile ranks do not directly correspond.
 1009         Section 14. Section 1009.532, Florida Statutes, is amended
 1010  to read:
 1011         1009.532 Florida Bright Futures Scholarship Program;
 1012  student eligibility requirements for renewal awards.—
 1013         (1) To be eligible to renew a scholarship from any of the
 1014  three types of scholarships under the Florida Bright Futures
 1015  Scholarship Program, a student must:
 1016         (a) Effective for students funded in the 2009-2010 academic
 1017  year and thereafter, earn at least 24 semester credit hours or
 1018  the equivalent in the last academic year in which the student
 1019  earned a scholarship if the student was enrolled full time, or a
 1020  prorated number of credit hours as determined by the Department
 1021  of Education if the student was enrolled less than full time for
 1022  any part of the academic year. For students initially eligible
 1023  prior to the 2010-2011 academic term, if a student fails to earn
 1024  the minimum number of hours required to renew the scholarship,
 1025  the student shall lose his or her eligibility for renewal for a
 1026  period equivalent to 1 academic year. Such student is eligible
 1027  to restore the award the following academic year if the student
 1028  earns the hours for which he or she was enrolled at the level
 1029  defined by the department and meets the grade point average for
 1030  renewal. A student is eligible for such restoration one time.
 1031  The department shall notify eligible recipients of the
 1032  provisions of this paragraph. Each institution shall notify
 1033  award recipients of the provisions of this paragraph during the
 1034  registration process.
 1035         (b) Maintain the cumulative grade point average required by
 1036  the scholarship program, except that:
 1037         1. If a recipient’s grades fall beneath the average
 1038  required to renew a Florida Academic Scholarship, but are
 1039  sufficient to renew a Florida Medallion Scholarship, a Florida
 1040  Gold Seal CAPE Scholarship, or a Florida Gold Seal Vocational
 1041  Scholarship, the Department of Education may grant a renewal
 1042  from one of those other scholarship programs, if the student
 1043  meets the renewal eligibility requirements;
 1044         2. For students initially eligible prior to the 2010-2011
 1045  academic term, if at any time during the eligibility period a
 1046  student’s grades are insufficient to renew the scholarship, the
 1047  student may restore eligibility by improving the grade point
 1048  average to the required level. A student is eligible for such a
 1049  restoration one time. The Legislature encourages education
 1050  institutions to assist students to calculate whether or not it
 1051  is possible to raise the grade point average during the summer
 1052  term. If the institution determines that it is possible, the
 1053  education institution may so inform the department, which may
 1054  reserve the student’s award if funds are available. The renewal,
 1055  however, must not be granted until the student achieves the
 1056  required cumulative grade point average. If the summer term is
 1057  not sufficient to raise the grade point average to the required
 1058  renewal level, the student’s next opportunity for renewal is the
 1059  fall semester of the following academic year; or
 1060         2.3. For students initially eligible in the 2010-2011
 1061  academic term and thereafter, if at any time during a student’s
 1062  first academic year the student’s grades are insufficient to
 1063  renew the scholarship, the student may restore eligibility by
 1064  improving the grade point average to the required level. A
 1065  student is eligible for such a restoration one time. The
 1066  Legislature encourages education institutions to assist students
 1067  to calculate whether or not it is possible to raise the grade
 1068  point average during the summer term. If the education
 1069  institution determines that it is possible, the institution may
 1070  so inform the department, which may reserve the student’s award
 1071  if funds are available. The renewal, however, must not be
 1072  granted until the student achieves the required cumulative grade
 1073  point average. If the summer term is not sufficient to raise the
 1074  grade point average to the required renewal level, the student’s
 1075  next opportunity for renewal is the fall semester of the
 1076  following academic year.
 1077         (c) Reimburse or make satisfactory arrangements to
 1078  reimburse the institution for the award amount received for
 1079  courses dropped after the end of the drop and add period or
 1080  courses from which the student withdraws after the end of the
 1081  drop and add period unless the student has received an exception
 1082  pursuant to s. 1009.53(11).
 1083         (2) For students initially eligible in the 2010-2011
 1084  academic term and thereafter, and unless otherwise provided in
 1085  this section, if a student does not meet the requirements for
 1086  renewal of a scholarship because of lack of completion of
 1087  sufficient credit hours or insufficient grades, the scholarship
 1088  shall be renewed only if the student failed to complete
 1089  sufficient credit hours or to meet sufficient grade requirements
 1090  due to verifiable illness or other documented emergency, in
 1091  which case the student may be granted an exception from academic
 1092  requirements pursuant to s. 1009.40(1)(b)4.
 1093         (3)(a) A student who is initially eligible prior to the
 1094  2010-2011 academic year and is enrolled in a program that
 1095  terminates in an associate degree or a baccalaureate degree may
 1096  receive an award for a maximum of 110 percent of the number of
 1097  credit hours required to complete the program. A student who is
 1098  enrolled in a program that terminates in a career certificate
 1099  may receive an award for a maximum of 110 percent of the credit
 1100  hours or clock hours required to complete the program up to 90
 1101  credit hours.
 1102         (b) Students who are initially eligible in the 2010-2011
 1103  and 2011-2012 academic years may receive an award for a maximum
 1104  of 100 percent of the number of credit hours required to
 1105  complete an associate degree program or a baccalaureate degree
 1106  program or receive an award for a maximum of 100 percent of the
 1107  credit hours or clock hours required to complete up to 90 credit
 1108  hours of a program that terminates in a career certificate.
 1109         (a)(c) A student who is initially eligible in the 2012-2013
 1110  academic year and thereafter may receive an award for a maximum
 1111  of 100 percent of the number of credit hours required to
 1112  complete an associate degree program, a baccalaureate degree
 1113  program, or a postsecondary career certificate program or, for a
 1114  Florida Gold Seal Vocational Scholars award, may receive an
 1115  award for a maximum of 100 percent of the number of credit hours
 1116  or equivalent clock hours required to complete one of the
 1117  following at a Florida public or nonpublic education institution
 1118  that offers these specific programs: for an applied technology
 1119  diploma program as defined in s. 1004.02(7), up to 60 credit
 1120  hours or equivalent clock hours; for a technical degree
 1121  education program as defined in s. 1004.02(13), up to the number
 1122  of hours required for a specific degree not to exceed 72 credit
 1123  hours or equivalent clock hours; or for a career certificate
 1124  program as defined in s. 1004.02(20), up to the number of hours
 1125  required for a specific certificate not to exceed 72 credit
 1126  hours or equivalent clock hours. A student who transfers from
 1127  one of these program levels to another program level becomes
 1128  eligible for the higher of the two credit hour limits.
 1129         (b)(d)1. A student who is initially eligible in the 2017
 1130  2018 academic year and thereafter for a Florida Gold Seal CAPE
 1131  Scholars award under s. 1009.536(2) may receive an award for a
 1132  maximum of 100 percent of the number of credit hours or
 1133  equivalent clock hours required to complete one of the following
 1134  at a Florida public or nonpublic education institution that
 1135  offers these specific programs: for an applied technology
 1136  diploma program as defined in s. 1004.02(7), up to 60 credit
 1137  hours or equivalent clock hours; for a technical degree
 1138  education program as defined in s. 1004.02(13), up to the number
 1139  of hours required for a specific degree, not to exceed 72 credit
 1140  hours or equivalent clock hours; or for a career certificate
 1141  program as defined in s. 1004.02(20), up to the number of hours
 1142  required for a specific certificate, not to exceed 72 credit
 1143  hours or equivalent clock hours. A student who transfers from
 1144  one of these program levels to another program level is eligible
 1145  for the higher of the two credit hour limits.
 1146         2. A Florida Gold Seal CAPE Scholar who completes a
 1147  technical degree education program as defined in s. 1004.02(13)
 1148  may also receive an award for:
 1149         a. A maximum of 60 credit hours for a bachelor of science
 1150  degree program for which there is a statewide associate in
 1151  science degree program to bachelor of science degree program
 1152  articulation agreement; or
 1153         b. A maximum of 60 credit hours for a bachelor of applied
 1154  science degree program at a Florida College System institution.
 1155         (4) A student who receives an initial award during the
 1156  spring term shall be evaluated for scholarship renewal after the
 1157  completion of a full academic year, which begins with the fall
 1158  term.
 1159         (5)A student who receives an award and is subsequently
 1160  determined ineligible due to updated grade or hour information
 1161  may not receive a disbursement for a subsequent term, unless the
 1162  student successfully restores the award.
 1163         Section 15. Subsections (3), (4), and (5) of section
 1164  1009.536, Florida Statutes, are amended to read:
 1165         1009.536 Florida Gold Seal Vocational Scholars and Florida
 1166  Gold Seal CAPE Scholars awards.—The Florida Gold Seal Vocational
 1167  Scholars award and the Florida Gold Seal CAPE Scholars award are
 1168  created within the Florida Bright Futures Scholarship Program to
 1169  recognize and reward academic achievement and career preparation
 1170  by high school students who wish to continue their education.
 1171         (3) A Florida Gold Seal Vocational Scholar or a Florida
 1172  Gold Seal CAPE Scholar who is enrolled in a public or nonpublic
 1173  postsecondary education institution is eligible for an award
 1174  equal to the amount specified in the General Appropriations Act
 1175  to assist with the payment of educational expenses.
 1176         (4) To be eligible for a renewal award as a Florida Gold
 1177  Seal Vocational Scholar or a Florida Gold Seal CAPE Scholar, a
 1178  student must maintain the equivalent of a cumulative grade point
 1179  average of 2.75 on a 4.0 scale with an opportunity for
 1180  restoration one time as provided in this chapter.
 1181         (5)(a) A student who is initially eligible prior to the
 1182  2010-2011 academic year may earn a Florida Gold Seal Vocational
 1183  Scholarship for 110 percent of the number of credit hours
 1184  required to complete the program, up to 90 credit hours or the
 1185  equivalent.
 1186         (b) Students who are initially eligible in the 2010-2011
 1187  and 2011-2012 academic years may earn a Florida Gold Seal
 1188  Vocational Scholarship for 100 percent of the number of credit
 1189  hours required to complete the program, up to 90 credit hours or
 1190  the equivalent.
 1191         (c) A student who is initially eligible in the 2012-2013
 1192  academic year and thereafter may earn a Florida Gold Seal
 1193  Vocational Scholarship for a maximum of 100 percent of the
 1194  number of credit hours or equivalent clock hours required to
 1195  complete one of the following at a Florida public or nonpublic
 1196  education institution that offers these specific programs: for
 1197  an applied technology diploma program as defined in s.
 1198  1004.02(7), up to 60 credit hours or equivalent clock hours; for
 1199  a technical degree education program as defined in s.
 1200  1004.02(13), up to the number of hours required for a specific
 1201  degree not to exceed 72 credit hours or equivalent clock hours;
 1202  or for a career certificate program as defined in s.
 1203  1004.02(20), up to the number of hours required for a specific
 1204  certificate not to exceed 72 credit hours or equivalent clock
 1205  hours.
 1206         (b)(d)1. A student who is initially eligible in the 2017
 1207  2018 academic year and thereafter for a Florida Gold Seal CAPE
 1208  Scholars award under subsection (2) may receive an award for a
 1209  maximum of 100 percent of the number of credit hours or
 1210  equivalent clock hours required to complete one of the following
 1211  at a Florida public or nonpublic education institution that
 1212  offers these specific programs: for an applied technology
 1213  diploma program as defined in s. 1004.02(7), up to 60 credit
 1214  hours or equivalent clock hours; for a technical degree
 1215  education program as defined in s. 1004.02(13), up to the number
 1216  of hours required for a specific degree, not to exceed 72 credit
 1217  hours or equivalent clock hours; or for a career certificate
 1218  program as defined in s. 1004.02(20), up to the number of hours
 1219  required for a specific certificate, not to exceed 72 credit
 1220  hours or equivalent clock hours. A student who transfers from
 1221  one of these program levels to another program level is eligible
 1222  for the higher of the two credit hour limits.
 1223         2. A Florida Gold Seal CAPE Scholar who completes a
 1224  technical degree education program as defined in s. 1004.02(13)
 1225  may also receive an award for:
 1226         a. A maximum of 60 credit hours for a bachelor of science
 1227  degree program for which there is a statewide associate in
 1228  science degree program to bachelor of science degree program
 1229  articulation agreement; or
 1230         b. A maximum of 60 credit hours for a bachelor of applied
 1231  science degree program at a Florida College System institution.
 1232         Section 16. Section 1011.45, Florida Statutes, is amended
 1233  to read:
 1234         1011.45 End of year balance of funds.—Unexpended amounts in
 1235  any fund in a university current year operating budget shall be
 1236  carried forward and included as the balance forward for that
 1237  fund in the approved operating budget for the following year.
 1238         (1)Each university shall maintain a minimum carry forward
 1239  balance of at least 7 percent of its state operating budget. If
 1240  a university fails to maintain a 7 percent balance in state
 1241  operating funds, the university shall submit a plan to the Board
 1242  of Governors to attain the minimum percent balance of state
 1243  operating funds within the next fiscal year.
 1244         (2)Each university that retains a state operating fund
 1245  carry forward balance in excess of the 7 percent minimum shall
 1246  submit a spending plan for its excess carry forward balance. The
 1247  spending plan shall be submitted to the university’s board of
 1248  trustees for approval and publishing by September 1, 2019, and
 1249  each September 1 thereafter. The Board of Governors shall
 1250  publish each university’s carry forward spending plan by October
 1251  1, 2019, and each October 1 thereafter.
 1252         (3)A university’s carry forward spending plan shall
 1253  include the estimated cost per planned expenditure and a
 1254  timeline for completion of the expenditure, when appropriate.
 1255  Authorized expenditures in a carry forward spending plan may
 1256  include:
 1257         (a)Commitment of funds to a public education capital
 1258  outlay project for which an appropriation was previously
 1259  provided that requires additional funds for completion and which
 1260  is included in the list required by s. 1001.706(12)(d);
 1261         (b)Completion of a renovation, repair, or maintenance
 1262  project that is consistent with the provisions of s. 1013.64(1),
 1263  up to $5 million per project;
 1264         (c)Completion of a remodeling or infrastructure project,
 1265  including a project for a development research school, up to $10
 1266  million per project, if such project is survey recommended
 1267  pursuant to s. 1013.31;
 1268         (d)Completion of a repair or replacement project necessary
 1269  due to damage caused by a natural disaster for buildings
 1270  included in the inventory required pursuant to s. 1013.31;
 1271         (e)Operating expenditures that support the university
 1272  mission and that are nonrecurring; and
 1273         (f)Any purpose approved by the board or specified in the
 1274  General Appropriations Act.
 1275         (4)Annually, by August 15, the chief financial officer of
 1276  each university shall certify the unexpended amount of funds
 1277  appropriated to the university from the General Revenue Fund,
 1278  the Educational Enhancement Trust Fund, and the
 1279  Education/General Student and Other Fees Trust Fund as of June
 1280  30 of the previous fiscal year.
 1281         Section 17. Paragraph (b) of subsection (6) of section
 1282  1011.80, Florida Statutes, is amended to read:
 1283         1011.80 Funds for operation of workforce education
 1284  programs.—
 1285         (6)
 1286         (b) Performance funding for industry certifications for
 1287  school district workforce education programs is contingent upon
 1288  specific appropriation in the General Appropriations Act and
 1289  shall be determined as follows:
 1290         1. Occupational areas for which industry certifications may
 1291  be earned, as established in the General Appropriations Act, are
 1292  eligible for performance funding. Priority shall be given to the
 1293  occupational areas emphasized in state, national, or corporate
 1294  grants provided to Florida educational institutions.
 1295         2. The Chancellor of Career and Adult Education shall
 1296  identify the industry certifications eligible for funding on the
 1297  CAPE Postsecondary Industry Certification Funding List approved
 1298  by the State Board of Education pursuant to s. 1008.44, based on
 1299  the occupational areas specified in the General Appropriations
 1300  Act.
 1301         3. Each school district shall be provided $1,000 for each
 1302  industry certification earned by a workforce education student.
 1303  The maximum amount of funding appropriated for performance
 1304  funding pursuant to this paragraph shall be limited to $15
 1305  million annually. If funds are insufficient to fully fund the
 1306  calculated total award, such funds shall be prorated.
 1307         Section 18. Section 1011.802, Florida Statutes, is created
 1308  to read:
 1309         1011.802 Florida Pathways to Career Opportunities Grant
 1310  Program.—
 1311         (1) Subject to appropriations provided in the General
 1312  Appropriations Act, the Florida Pathways to Career Opportunities
 1313  Grant Program is created to provide grants to high schools,
 1314  career centers, charter technical career centers, Florida
 1315  College System institutions, and other entities authorized to
 1316  sponsor an apprenticeship or preapprenticeship program, as
 1317  defined in s. 446.021, on a competitive basis to establish new
 1318  apprenticeship or preapprenticeship programs and expand existing
 1319  apprenticeship or preapprenticeship programs. The Department of
 1320  Education shall administer the grant program.
 1321         (2)Applications must contain projected enrollment and
 1322  projected costs for the new or expanded apprenticeship program.
 1323         (3)The department shall give priority to apprenticeship
 1324  programs with demonstrated regional demand. Grant funds may be
 1325  used for instructional equipment, supplies, personnel, student
 1326  services, and other expenses associated with the creation or
 1327  expansion of an apprenticeship program. Grant funds may not be
 1328  used for recurring instructional costs or for indirect costs.
 1329  Grant recipients must submit quarterly reports in a format
 1330  prescribed by the department.
 1331         (4)The State Board of Education may adopt rules to
 1332  administer this section.
 1333         Section 19. Paragraph (c) of subsection (2) of section
 1334  1011.81, Florida Statutes, is amended to read:
 1335         1011.81 Florida College System Program Fund.—
 1336         (2) Performance funding for industry certifications for
 1337  Florida College System institutions is contingent upon specific
 1338  appropriation in the General Appropriations Act and shall be
 1339  determined as follows:
 1340         (c) Each Florida College System institution shall be
 1341  provided $1,000 for each industry certification earned by a
 1342  student. The maximum amount of funding appropriated for
 1343  performance funding pursuant to this subsection shall be limited
 1344  to $15 million annually. If funds are insufficient to fully fund
 1345  the calculated total award, such funds shall be prorated.
 1346         Section 20. Paragraph (e) of subsection (3) of section
 1347  1011.84, Florida Statutes, is amended to read:
 1348         1011.84 Procedure for determining state financial support
 1349  and annual apportionment of state funds to each Florida College
 1350  System institution district.—The procedure for determining state
 1351  financial support and the annual apportionment to each Florida
 1352  College System institution district authorized to operate a
 1353  Florida College System institution under the provisions of s.
 1354  1001.61 shall be as follows:
 1355         (3) DETERMINING THE APPORTIONMENT FROM STATE FUNDS.—
 1356         (e) If at any time the unencumbered balance in the general
 1357  fund of the Florida College System institution board of trustees
 1358  approved operating budget goes below 5 percent for a Florida
 1359  College System institution with a final FTE less than 15,000 for
 1360  the prior year, or below 7 percent for a Florida College System
 1361  institution with a final FTE of 15,000 or greater for the prior
 1362  year, the president shall provide written notification to the
 1363  State Board of Education. Annually, by August 15, the chief
 1364  financial officer of each Florida College System institution
 1365  shall certify the unexpended amount of state funds remaining in
 1366  the general fund of an institution as of June 30 of the previous
 1367  fiscal year.
 1368         Section 21. Subsection (2) of section 1013.03, Florida
 1369  Statutes, is amended to read:
 1370         1013.03 Functions of the department and the Board of
 1371  Governors.—The functions of the Department of Education as it
 1372  pertains to educational facilities of school districts and
 1373  Florida College System institutions and of the Board of
 1374  Governors as it pertains to educational facilities of state
 1375  universities shall include, but not be limited to, the
 1376  following:
 1377         (2) Establish, for the purpose of determining need,
 1378  equitably uniform utilization standards for all types of like
 1379  space, regardless of the level of education, that includes
 1380  standards for post-secondary classroom and teaching laboratory
 1381  space. These standards shall also establish, for postsecondary
 1382  education classrooms, a minimum room utilization rate of 40
 1383  hours per week and a minimum station utilization rate of 60
 1384  percent. These rates shall be subject to increase based on
 1385  national norms for utilization of postsecondary education
 1386  classrooms. The State Board of Education and the Board of
 1387  Governors shall adopt standards, with justification, for use in
 1388  each Florida College System institution’s survey and state
 1389  university’s survey, respectively, as applied pursuant to s.
 1390  1013.31.
 1391         (a)The boards must define and apply, at minimum, the
 1392  following space utilization metrics when calculating space need:
 1393         1.For postsecondary education classroom space, a minimum
 1394  room utilization rate and a minimum station utilization rate.
 1395         2.For postsecondary education nonvocational, teaching
 1396  laboratory space, a minimum room utilization rate and a minimum
 1397  station utilization rate.
 1398         (b)Each state university and Florida College System
 1399  institution shall determine full-time equivalent enrollment
 1400  estimate adjustments to account for online students.
 1401         (c)By January 1, 2021, the Board of Governors for state
 1402  universities and the State Board of Education for Florida
 1403  College System institutions shall each provide on its website
 1404  the most recent summary survey data by state university or
 1405  Florida College System institution, as applicable, showing space
 1406  needs met for each campus by type of space. The format shall be
 1407  consistent across all state universities and all Florida College
 1408  System institutions.
 1409         Section 22. Paragraph (c) of subsection (1) of section
 1410  1013.31, Florida Statutes, is amended to read:
 1411         1013.31 Educational plant survey; localized need
 1412  assessment; PECO project funding.—
 1413         (1) At least every 5 years, each board shall arrange for an
 1414  educational plant survey, to aid in formulating plans for
 1415  housing the educational program and student population, faculty,
 1416  administrators, staff, and auxiliary and ancillary services of
 1417  the district or campus, including consideration of the local
 1418  comprehensive plan. The Department of Education shall document
 1419  the need for additional career and adult education programs and
 1420  the continuation of existing programs before facility
 1421  construction or renovation related to career or adult education
 1422  may be included in the educational plant survey of a school
 1423  district or Florida College System institution that delivers
 1424  career or adult education programs. Information used by the
 1425  Department of Education to establish facility needs must
 1426  include, but need not be limited to, labor market data, needs
 1427  analysis, and information submitted by the school district or
 1428  Florida College System institution.
 1429         (c) Required need assessment criteria for district, Florida
 1430  College System institution, state university, and Florida School
 1431  for the Deaf and the Blind plant surveys.—Educational plant
 1432  surveys must use uniform data sources and criteria specified in
 1433  this paragraph. Each revised educational plant survey and each
 1434  new educational plant survey supersedes previous surveys.
 1435         1. The school district’s survey must be submitted as a part
 1436  of the district educational facilities plan defined in s.
 1437  1013.35. To ensure that the data reported to the Department of
 1438  Education as required by this section is correct, the department
 1439  shall annually conduct an onsite review of 5 percent of the
 1440  facilities reported for each school district completing a new
 1441  survey that year. If the department’s review finds the data
 1442  reported by a district is less than 95 percent accurate, within
 1443  1 year from the time of notification by the department the
 1444  district must submit revised reports correcting its data. If a
 1445  district fails to correct its reports, the commissioner may
 1446  direct that future fixed capital outlay funds be withheld until
 1447  such time as the district has corrected its reports so that they
 1448  are not less than 95 percent accurate.
 1449         2. Each survey of a special facility, joint-use facility,
 1450  or cooperative career education facility must be based on
 1451  capital outlay full-time equivalent student enrollment data
 1452  prepared by the department for school districts and Florida
 1453  College System institutions and by the Chancellor of the State
 1454  University System for universities. A survey of space needs of a
 1455  joint-use facility shall be based upon the respective space
 1456  needs of the school districts, Florida College System
 1457  institutions, and universities, as appropriate. Projections of a
 1458  school district’s facility space needs may not exceed the norm
 1459  space and occupant design criteria established by the State
 1460  Requirements for Educational Facilities.
 1461         3. Each Florida College System institution’s survey must
 1462  reflect the capacity of existing facilities as specified in the
 1463  inventory maintained by the Department of Education. Projections
 1464  of facility space needs must comply with standards for
 1465  determining space needs as specified by rule of the State Board
 1466  of Education, consistent with the standards and metrics adopted
 1467  pursuant to s. 1013.03(2)(a). The 5-year projection of capital
 1468  outlay student enrollment must be consistent with the annual
 1469  report of capital outlay full-time student enrollment prepared
 1470  by the Department of Education.
 1471         4. Each state university’s survey must reflect the capacity
 1472  of existing facilities as specified in the inventory maintained
 1473  and validated by the Chancellor of the State University System.
 1474  Projections of facility space needs must be consistent with
 1475  standards for determining space needs as specified by regulation
 1476  of the Board of Governors, consistent with the standards and
 1477  metrics adopted pursuant to s. 1013.03(2)(a). The projected
 1478  capital outlay full-time equivalent student enrollment must be
 1479  consistent with the 5-year planned enrollment cycle for the
 1480  State University System approved by the Board of Governors.
 1481         5. The district educational facilities plan of a school
 1482  district and the educational plant survey of a Florida College
 1483  System institution, state university, or the Florida School for
 1484  the Deaf and the Blind may include space needs that deviate from
 1485  approved standards for determining space needs if the deviation
 1486  is justified by the district or institution and approved by the
 1487  department or the Board of Governors, as appropriate, as
 1488  necessary for the delivery of an approved educational program.
 1489         Section 23. Subsection (4) of section 1013.40, Florida
 1490  Statutes, is amended to read:
 1491         1013.40 Planning and construction of Florida College System
 1492  institution facilities; property acquisition.—
 1493         (4) The campus of a Florida College System institution
 1494  within a municipality designated as an area of critical state
 1495  concern, as defined in s. 380.05, and having a comprehensive
 1496  plan and land development regulations containing a building
 1497  permit allocation system that limits annual growth, may
 1498  construct dormitories for up to 300 beds for Florida College
 1499  System institution students. Such dormitories are exempt from
 1500  the building permit allocation system and may be constructed up
 1501  to 45 feet in height if the dormitories are otherwise consistent
 1502  with the comprehensive plan, the Florida College System
 1503  institution has a hurricane evacuation plan that requires all
 1504  dormitory occupants to be evacuated 48 hours in advance of
 1505  tropical force winds, and transportation is provided for
 1506  dormitory occupants during an evacuation. State funds and
 1507  tuition and fee revenues may not be used for construction, debt
 1508  service payments, maintenance, or operation of such dormitories.
 1509  Additional dormitory beds constructed after July 1, 2016, may
 1510  not be financed through the issuance of bonds by the Florida
 1511  College System institution; however, bonds may be issued by
 1512  nonpublic entities as part of a public-private partnership
 1513  between the college and a nonpublic entity.
 1514         Section 24. Subsections (2) and (3) of section 1013.60,
 1515  Florida Statutes, are renumbered as subsections (3) and (4),
 1516  respectively, subsection (1) of that section is amended, and a
 1517  new subsection (2) is added to that section, to read:
 1518         1013.60 Legislative capital outlay budget request.—
 1519         (1) The Commissioner of Education shall develop a budget
 1520  request allocation plan procedure deemed appropriate in arriving
 1521  at the appropriate amounts required to fund each project
 1522  projects as reflected in the integrated, comprehensive budget
 1523  request required by this section. The official estimates for
 1524  funds accruing to the Public Education Capital Outlay and Debt
 1525  Service Trust Fund made by the Revenue Estimating Conference
 1526  shall be used in determining the budget request pursuant to this
 1527  section. The commissioner, in consultation with the
 1528  appropriations committees of the Legislature, shall provide
 1529  annually an estimate of funds that shall be utilized by Florida
 1530  College System institutions and universities in developing their
 1531  required 3-year prioritized priority lists pursuant to s.
 1532  1013.64.
 1533         (2)The commissioner shall include with the submission of
 1534  each updated budget request allocation plan an assessment over
 1535  the 3 years of the plan of the amount of state funding needed to
 1536  complete previously funded projects compared to the amount of
 1537  funds provided in the Public Education Capital Outlay and Debt
 1538  Service Trust Fund for projects funded in a prior year and which
 1539  require additional state funds for completion.
 1540         Section 25. Paragraph (a) of subsection (4) of section
 1541  1013.64, Florida Statutes, is amended, and paragraphs (i) and
 1542  (j) are added to subsection (1) of that section, to read:
 1543         1013.64 Funds for comprehensive educational plant needs;
 1544  construction cost maximums for school district capital
 1545  projects.—Allocations from the Public Education Capital Outlay
 1546  and Debt Service Trust Fund to the various boards for capital
 1547  outlay projects shall be determined as follows:
 1548         (1)
 1549         (i)The Board of Governors shall specify by regulation the
 1550  procedures for the reporting of funds appropriated or expended
 1551  pursuant to this section or s. 1011.45. Each university shall
 1552  report the amounts expended by the university from all sources,
 1553  including, but not limited to, the Public Education Capital
 1554  Outlay and Debt Service Trust Fund and carry forward funds.
 1555         (j)The State Board of Education shall specify by rule the
 1556  procedures for the reporting of funds appropriated or expended
 1557  pursuant to this section or s. 1013.841. Each Florida College
 1558  System institution shall report the amounts expended by the
 1559  institution from all sources, including, but not limited to, the
 1560  Public Education Capital Outlay and Debt Service Trust Fund and
 1561  carry forward funds.
 1562         (4)(a) Florida College System institution boards of
 1563  trustees and university boards of trustees shall receive funds
 1564  for projects based on a 3-year prioritized priority list, to be
 1565  updated annually, which is submitted to the Legislature in the
 1566  legislative budget request at least 90 days before prior to the
 1567  legislative session. The State Board of Education shall submit a
 1568  3-year prioritized priority list for Florida College System
 1569  institutions, and the Board of Governors shall submit a 3-year
 1570  prioritized priority list for universities to the Legislature
 1571  not later than 60 days before each regular legislative session
 1572  which shall be updated upon request after subsequent estimating
 1573  conferences. The sum of each year’s project lists must consider
 1574  the total amount to be distributed for construction and
 1575  renovation provided for each year pursuant to the 3-year budget
 1576  request allocation plan developed by the Commissioner of
 1577  Education pursuant to s. 1013.60. The lists shall reflect
 1578  decisions by the State Board of Education pursuant to s. 1001.03
 1579  for Florida College System institutions and the Board of
 1580  Governors pursuant to s. 1001.706 for state universities
 1581  concerning program priorities that implement the statewide plan
 1582  for program growth and quality improvement in education. No
 1583  remodeling or renovation project shall be included on the 3-year
 1584  priority list unless the project has been recommended pursuant
 1585  to s. 1013.31 or is for the purpose of correcting health and
 1586  safety deficiencies. No new construction project shall be
 1587  included on the first year of the 3-year priority list unless
 1588  the educational specifications have been approved by the
 1589  commissioner for a Florida College System institution project or
 1590  by the Board of Governors for a university project, as
 1591  applicable. The funds requested for a new construction project
 1592  in the first year of the 3-year priority list shall be in
 1593  conformance with the scope of the project as defined in the
 1594  educational specifications. Any new construction project
 1595  requested in the first year of the 3-year priority list which is
 1596  not funded by the Legislature shall be carried forward to be
 1597  listed first in developing the updated 3-year priority list for
 1598  the subsequent year’s capital outlay budget. Should the order of
 1599  the priority of the projects change from year to year, a
 1600  justification for such change shall be included with the updated
 1601  priority list.
 1602         Section 26. Section 1013.841, Florida Statutes, is created
 1603  to read:
 1604         1013.841End of year balance of Florida College System
 1605  institution funds.—
 1606         (1)Unexpended amounts in any fund in any Florida College
 1607  System institution current year state operating budget shall be
 1608  carried forward and included as the balance forward for that
 1609  fund in the approved operating budget for the following year.
 1610         (2)(a)Each Florida College System institution with a final
 1611  FTE less than 15,000 for the prior year shall maintain a minimum
 1612  carry forward balance of at least 5 percent of its state
 1613  operating budget. If a Florida College System institution fails
 1614  to maintain a 5 percent balance in state operating funds, the
 1615  president shall provide written notification to the State Board
 1616  of Education.
 1617         (b)Each Florida College System institution with a final
 1618  FTE less than 15,000 for the prior year that retains a state
 1619  operating fund carry forward balance in excess of the 5 percent
 1620  minimum shall submit a spending plan for its excess carry
 1621  forward balance. The spending plan shall include all excess
 1622  carry forward funds from state operating funds. The spending
 1623  plan shall be submitted to the Florida College System
 1624  institution’s board of trustees for approval and publishing by
 1625  September 1, 2019, and each September 1 thereafter.
 1626         (3)(a)Each Florida College System institution with a final
 1627  FTE of 15,000 or greater for the prior year shall maintain a
 1628  minimum carry forward balance of at least 7 percent of its state
 1629  operating budget. If a Florida College System institution fails
 1630  to maintain a 7 percent balance in state operating funds, the
 1631  institution shall submit a plan to the State Board of Education
 1632  to attain the minimum balance.
 1633         (b)Each Florida College System institution with a final
 1634  FTE of 15,000 or greater for the prior year that retains a state
 1635  operating fund carry forward balance in excess of the 7 percent
 1636  minimum shall submit a spending plan for its excess carry
 1637  forward balance. The spending plan shall include all excess
 1638  carry forward funds from state operating funds. The spending
 1639  plan shall be submitted to the Florida College System
 1640  institution’s board of trustees for approval and publishing by
 1641  September 1, 2019, and each September 1 thereafter. The Florida
 1642  College System institution shall submit approved plans to the
 1643  State Board of Education for publication and review by October
 1644  1, 2019, and each October 1 thereafter.
 1645         (4)A Florida College System institution identified in
 1646  paragraph (3)(a) must include in its carry forward spending plan
 1647  the estimated cost per planned expenditure and a timeline for
 1648  completion of the expenditure. Authorized expenditures in a
 1649  carry forward spending plan may include:
 1650         (a)Commitment of funds to a public education capital
 1651  outlay project for which an appropriation was previously
 1652  provided, which requires additional funds for completion, and
 1653  which is included in the list required by s. 1001.03(18)(d);
 1654         (b)Completion of a renovation, repair, or maintenance
 1655  project that is consistent with the provisions of s. 1013.64(1),
 1656  up to $5 million per project;
 1657         (c)Completion of a remodeling or infrastructure project,
 1658  up to $10 million per project, if such project is survey
 1659  recommended pursuant to s. 1013.31;
 1660         (d)Completion of a repair or replacement project necessary
 1661  due to damage caused by a natural disaster for buildings
 1662  included in the inventory required pursuant to s. 1013.31; and
 1663         (e)Operating expenditures that support the Florida College
 1664  System institution’s mission which are nonrecurring.
 1665         (f)Any purpose approved by the state board or specified in
 1666  the General Appropriations Act.
 1667         Section 27. By December 1, 2020, all survey recommended
 1668  projects for each state university and Florida College System
 1669  institution shall be reviewed and revised to incorporate the
 1670  updated space need calculation requirements as specified in s.
 1671  1013.31(1)(c), Florida Statutes.
 1672         Section 28. This act shall take effect July 1, 2019.