HB 5201

1	A bill to be entitled
2	An act relating to postsecondary education funding;
3	amending s. 295.02, F.S.; revising provisions relating to
4	the use of funds to pay postsecondary education expenses
5	for children and spouses of certain members of the
6	military; amending s. 295.04, F.S.; providing a
7	definition; providing educational benefit award amounts
8	for students at public and nonpublic eligible
9	postsecondary education institutions; amending s. 440.491,
10	F.S.; revising provisions relating to the training and
11	education of injured employees; providing that training
12	and education services may be secured from additional
13	providers under certain circumstances; amending s.
14	1004.085, F.S.; revising provisions relating to textbook
15	affordability and the policies, procedures, and guidelines
16	adopted by the State Board of Education and the Board of
17	Governors; requiring policies that encourage the use of
18	open-access textbooks; amending s. 1004.091, F.S.;
19	revising provisions relating to the duties of the Florida
20	Distance Learning Consortium; extending the deadline for
21	the consortium to develop a plan for implementing an
22	online registration process for undergraduate students to
23	enroll in a course listed in the Florida Higher Education
24	Distance Learning Catalog; requiring the plan to address
25	specified policy areas; creating s. 1004.387, F.S.;
26	authorizing a doctor of pharmacy degree program at the
27	University of South Florida; providing for the program to
28	be physically located on the new campus of the University
29	of South Florida Polytechnic; authorizing the university
30	to develop and implement the program within existing
31	facilities until a pharmacy facility is constructed on the
32	new campus of the University of South Florida Polytechnic;
33	amending s. 1004.65, F.S.; restricting the use of
34	resources of a Florida college; amending s. 1006.59, F.S.;
35	deleting a provision that prohibits institutions
36	participating in the Historically Black College and
37	University Library Improvement Program from using funds to
38	purchase nonprint media; creating s. 1006.72, F.S.;
39	providing requirements for licensing electronic library
40	resources; requiring a process to annually identify
41	electronic library resources for specified core
42	categories; providing requirements for statewide,
43	postsecondary education, 4-year degree, and 2-year degree
44	core resources; amending s. 1009.21, F.S.; revising
45	provisions relating to the determination of resident
46	status for tuition purposes to include students in
47	postsecondary educational programs offered by charter
48	technical career centers or career centers operated by
49	school districts; revising a definition to conform to
50	changes made by the act; providing requirements for
51	recognition of the classification of a student as a
52	resident for tuition purposes by an institution of higher
53	education to which a student transfers; providing
54	requirements of the Higher Education Coordinating Council
55	relating to residency determinations; amending s. 1009.22,
56	F.S.; revising provisions relating to workforce education
57	postsecondary student fees; providing that enrollments in
58	continuing workforce education courses may not be counted
59	for purposes of funding full-time equivalent enrollment;
60	authorizing, rather than requiring, certain rulemaking;
61	amending s. 1009.24, F.S.; revising provisions relating to
62	state university student fee increases; authorizing each
63	state university to exceed the cap on the increase to
64	specified fees for the 2010-2011 fiscal year; providing
65	restrictions; authorizing certain calculations for
66	expenditures for need-based financial aid; amending s.
67	1009.531, F.S.; revising the renewal period during which a
68	student is eligible to receive a Florida Bright Futures
69	Scholarship award after high school graduation; requiring
70	that the State Board of Education base the eligibility of
71	students to receive a Florida Academic Scholars award or a
72	Florida Medallion Scholars award on specified SAT scores
73	and corresponding 2009 SAT percentile ranks; amending s.
74	1009.532, F.S.; specifying circumstances under which a
75	Florida Bright Futures Scholarship award may be restored
76	or renewed despite insufficient grades or credit hours;
77	reducing the maximum number of credit hours for which
78	students may receive a scholarship award; amending s.
79	1009.534, F.S., relating to the Florida Academic Scholars
80	award; conforming provisions to changes made by the act;
81	removing the scheduled expiration of provisions requiring
82	that the amount of the award be specified in the General
83	Appropriations Act; creating s. 1009.5341, F.S.; providing
84	that recipients of a Florida Bright Futures Scholarship
85	award may use the unused portion of their award toward
86	graduate study; providing certain limitations; amending s.
87	1009.535, F.S.; revising eligibility criteria for receipt
88	of a Florida Medallion Scholars award; conforming
89	provisions to changes made by the act; removing the
90	scheduled expiration of provisions requiring that the
91	amount of the award be specified in the General
92	Appropriations Act; amending s. 1009.536, F.S.; reducing
93	the maximum number of credit hours that students may earn
94	under the Florida Gold Seal Vocational Scholars award;
95	removing the scheduled expiration of provisions requiring
96	that the amount of the award be specified in the General
97	Appropriations Act; repealing s. 1009.537, F.S., relating
98	to transition for eligibility for the Florida Bright
99	Futures Scholarship Program; repealing s. 1009.5385, F.S.,
100	relating to criteria for the use of certain scholarship
101	funds by children of deceased or disabled veterans;
102	amending s. 1009.72, F.S.; revising provisions relating to
103	the Jose Marti Scholarship Challenge Grant Program;
104	removing provisions that provide for funds appropriated by
105	the Legislature for the program to be deposited into the
106	State Student Financial Assistance Trust Fund; requiring
107	that funds deposited into such trust fund be invested;
108	authorizing the Legislature to appropriate funds from the
109	General Revenue Fund; amending s. 1009.73, F.S.; revising
110	provisions relating to the Mary McLeod Bethune Scholarship
111	Program; removing provisions that provide for funds
112	appropriated by the Legislature for the program to be
113	deposited into the State Student Financial Assistance
114	Trust Fund; requiring that funds deposited into such trust
115	fund be invested; authorizing the Legislature to
116	appropriate funds from the General Revenue Fund; amending
117	s. 1010.87, F.S., relating to the Workers' Compensation
118	Administration Trust Fund within the Department of
119	Education; providing for the reversion of certain funds;
120	amending s. 1011.32, F.S.; revising the date for
121	transmittal to the Legislature of information relating to
122	the Community College Facility Enhancement Challenge Grant
123	Program; amending s. 1011.52, F.S.; revising requirements
124	that entitle the first accredited medical school to an
125	annual appropriation; amending s. 1011.80, F.S.; revising
126	provisions relating to funds for the operation of
127	workforce education programs; requiring that expenditures
128	for such programs be supported by fees; providing that
129	enrollment in continuing workforce education courses may
130	not be counted for purposes of funding full-time
131	equivalent enrollment; amending s. 1011.83, F.S.; deleting
132	certain provisions relating to funds appropriated for
133	baccalaureate degree programs conducted by community
134	colleges; amending s. 1011.84, F.S.; requiring the
135	Department of Education to estimate certain community
136	college enrollments separately; reducing the number of
137	fiscal years to be covered in each annual estimation;
138	requiring a community college that grants baccalaureate
139	degrees to report certain expenditures separately;
140	creating s. 1012.885, F.S.; providing definitions;
141	providing a limitation on the compensation paid to
142	community college presidents; providing exceptions;
143	amending s. 1013.79, F.S.; revising the date for
144	transmittal to the Legislature of information relating to
145	the University Facility Enhancement Challenge Grant
146	Program; requiring each Florida college and state
147	university to strive to reduce its campuswide energy
148	consumption by 10 percent; providing methods for this
149	reduction; requiring a report to the Governor and
150	Legislature; requiring that the Office of Program Policy
151	Analysis and Government Accountability conduct a review of
152	public school adult workforce education programs and
153	community college and state college workforce education
154	programs; requiring that the Office of Program Policy
155	Analysis and Government Accountability conduct a review of
156	postsecondary educational opportunities for individuals
157	with developmental disabilities; requiring that the
158	results of the reviews be submitted to the Legislature by
159	specified dates; providing an appropriation; providing an
160	effective date.
161
162	Be It Enacted by the Legislature of the State of Florida:
163
164	Section 1. Section 295.02, Florida Statutes, is amended to
165	read:
166	295.02 Use of funds; age, etc.-
167	(1) Sums appropriated and expended to carry out the
168	provisions of s. 295.01(1) may shall be used to pay tuition and
169	registration fees, board, and room rent and to buy books and
170	supplies for the children of deceased or disabled veterans or
171	servicemembers, as defined and limited in s. 295.01, s. 295.016,
172	s. 295.017, s. 295.018, s. 295.0185, s. 295.019, or s. 295.0195,
173	or of parents classified as prisoners of war or missing in
174	action, as defined and limited in s. 295.015, who are between
175	the ages of 16 and 22 years and who are in attendance at an
176	eligible postsecondary education a state-supported institution
177	as defined in s. 295.04 of higher learning, including a
178	community college or career center. Any child having entered
179	upon a course of training or education under the provisions of
180	this chapter, consisting of a course of not more than 4 years,
181	and arriving at the age of 22 years before the completion of
182	such course may continue the course and receive all benefits of
183	the provisions of this chapter until the course is completed.
184	(2) Sums appropriated and expended to carry out the
185	provisions of s. 295.01(2) may shall be used to pay tuition and
186	registration fees, board, and room rent and to buy books and
187	supplies for the spouses of deceased or disabled veterans or
188	servicemembers, as defined and limited in s. 295.01, who are
189	enrolled at an eligible postsecondary education a state-
190	supported institution as defined in s. 295.04 of higher
191	learning, including a community college or career center.
192	(3) Notwithstanding the benefits-disbursement provision in
193	s. 295.04, such funds shall be applicable for up to 110 percent
194	of the number of required credit hours of an initial
195	baccalaureate degree or certificate program for which the
196	student spouse is enrolled.
197	(4)(3) The Department of Education shall administer this
198	educational program subject to regulations of the department.
199	Section 2. Section 295.04, Florida Statutes, is amended to
200	read:
201	295.04 Appropriation; benefits.-
202	(1) The sum necessary for the purposes of this chapter
203	shall be appropriated in the General Appropriations Act for each
204	fiscal year, provided that no student shall receive an amount in
205	excess of tuition and registration fees.
206	(2) As used in this section, the term "eligible
207	postsecondary education institution" means an institution
208	described in s. 1009.533.
209	(3)(a) A student who is enrolled in a public eligible
210	postsecondary education institution is eligible for an award
211	equal to the amount required to pay tuition and registration
212	fees or the amount specified in the General Appropriations Act.
213	(b) A student enrolled in a nonpublic eligible
214	postsecondary education institution is eligible for an award
215	equal to the amount that would be required to pay for the
216	average tuition and registration fees of a public postsecondary
217	education institution at the comparable level or the amount
218	specified in the General Appropriations Act.
219	(4) Only students in good standing in their respective
220	institutions shall receive the benefits under this section
221	thereof, and no student shall receive such benefits for more
222	than 12 quarters, 8 semesters, or 8 trimesters.
223	Section 3. Paragraph (a) of subsection (6) of section
224	440.491, Florida Statutes, is amended to read:
225	440.491 Reemployment of injured workers; rehabilitation.-
226	(6) TRAINING AND EDUCATION.-
227	(a) Upon referral of an injured employee by the carrier,
228	or upon the request of an injured employee, the department shall
229	conduct a training and education screening to determine whether
230	it should refer the employee for a vocational evaluation and, if
231	appropriate, approve training and education or other vocational
232	services for the employee. The department may not approve formal
233	training and education programs unless it determines, after
234	consideration of the reemployment assessment, pertinent
235	reemployment status reviews or reports, and such other relevant
236	factors as it prescribes by rule, that the reemployment plan is
237	likely to result in return to suitable gainful employment. The
238	department is authorized to expend moneys from the Workers'
239	Compensation Administration Trust Fund, established by s.
240	440.50, to secure appropriate training and education at a
241	Florida public community college as designated in s. 1000.21(3)
242	or at a career center established under s. 1001.44, or to secure
243	other vocational services when necessary to satisfy the
244	recommendation of a vocational evaluator. As used in this
245	paragraph, "appropriate training and education" includes
246	securing a general education diploma (GED), if necessary. The
247	department shall establish training and education standards
248	pertaining to employee eligibility, course curricula and
249	duration, and associated costs. For purposes of this subsection,
250	training and education services may be secured from additional
251	providers if:
252	1. The injured employee currently holds an associate
253	degree and requests to earn a bachelor's degree not offered by a
254	Florida public college located within 50 miles from his or her
255	customary residence;
256	2. The injured employee's enrollment in an education or
257	training program in a Florida public college or career center
258	would be significantly delayed; or
259	3. The most appropriate training and education program is
260	available only through a provider other than a Florida public
261	college or career center or at a Florida public college or
262	career center located more than 50 miles from the injured
263	employee's customary residence.
264	Section 4. Subsection (4) of section 1004.085, Florida
265	Statutes, is amended to read:
266	1004.085 Textbook affordability.-
267	(4) By March 1, 2009, The State Board of Education and the
268	Board of Governors each shall adopt policies, procedures, and
269	guidelines for implementation by community colleges and state
270	universities, respectively, that further efforts to minimize the
271	cost of textbooks for students attending such institutions while
272	maintaining the quality of education and academic freedom. The
273	policies, procedures, and guidelines shall provide for the
274	following:
275	(a) That textbook adoptions are made with sufficient lead
276	time to bookstores so as to confirm availability of the
277	requested materials and, where possible, ensure maximum
278	availability of used books.
279	(b) That, in the textbook adoption process, the intent to
280	use all items ordered, particularly each individual item sold as
281	part of a bundled package, is confirmed by the course instructor
282	or the academic department offering the course before the
283	adoption is finalized.
284	(c) That a course instructor or the academic department
285	offering the course determines, before a textbook is adopted,
286	the extent to which a new edition differs significantly and
287	substantively from earlier versions and the value of changing to
288	a new edition or the extent to which an open-access textbook may
289	exist and be used.
290	(d) That the establishment of policies shall address the
291	availability of required textbooks to students otherwise unable
292	to afford the cost, including consideration of the extent to
293	which an open-access textbook may be used.
294	(e) That course instructors and academic departments are
295	encouraged to participate in the development, adaptation, and
296	review of open-access textbooks and, in particular, open-access
297	textbooks for high-demand general education courses.
298	Section 5. Paragraph (b) of subsection (2) of section
299	1004.091, Florida Statutes, is amended to read:
300	1004.091 Florida Distance Learning Consortium.-
301	(2) The Florida Distance Learning Consortium shall:
302	(b) Develop, in consultation with the Florida College
303	System and the State University System, a plan to be submitted
304	to the Board of Governors, the State Board of Education, the
305	Governor, the President of the Senate, and the Speaker of the
306	House of Representatives no later than December March 1, 2010,
307	for implementing. The plan must address the implementation of a
308	streamlined, automated, online registration process for
309	undergraduate students who have been admitted to a public
310	postsecondary educational institution and who wish to enroll in
311	a course listed in the Florida Higher Education Distance
312	Learning Catalog, including courses offered by an institution
313	that is not the student's degree-granting or home institution.
314	The plan must describe how such a registration process can be
315	implemented by the 2011-2012 academic year as an alternative to
316	the standard registration process of each institution. The plan
317	must also address:
318	1. Fiscal and substantive policy changes needed to address
319	administrative, academic, and programmatic policies and
320	procedures. Policy areas that the plan must address include, but
321	need not be limited to, student financial aid issues, variations
322	in fees, admission and readmission, registration-prioritization
323	issues, transfer of credit, and graduation requirements, with
324	specific attention given to creating recommended guidelines that
325	address students who attend more than one institution in pursuit
326	of a degree.
327	2. A method for the expedited transfer of distance
328	learning course credit awarded by an institution offering a
329	distance learning course to a student's degree-granting or home
330	institution upon the student's successful completion of the
331	distance learning course.
332	3. Compliance with applicable technology security
333	standards and guidelines to ensure the secure transmission of
334	student information.
335	Section 6. Section 1004.387, Florida Statutes, is created
336	to read:
337	1004.387 Doctor of pharmacy degree program at the
338	University of South Florida.-A doctor of pharmacy degree program
339	is authorized at the University of South Florida. The program
340	shall be physically located on the new campus of the University
341	of South Florida Polytechnic. The university is authorized to
342	develop and implement the program within existing facilities
343	only until the construction of a pharmacy facility on the new
344	campus of the University of South Florida Polytechnic is
345	completed, which shall house the doctor of pharmacy degree
346	program.
347	Section 7. Paragraph (c) is added to subsection (7) of
348	section 1004.65, Florida Statutes, to read:
349	1004.65 Florida colleges; governance, mission, and
350	responsibilities.-
351	(7) Funding for Florida colleges shall reflect their
352	mission as follows:
353	(c) The resources of a Florida college, including staff,
354	faculty, land, and facilities, shall not be used to support the
355	establishment of a new independent nonpublic educational
356	institution. If any institution uses resources for such purpose,
357	the Division of Florida Colleges shall notify the President of
358	the Senate and the Speaker of the House of Representatives.
359	Section 8. Paragraph (a) of subsection (3) of section
360	1006.59, Florida Statutes, is amended to read:
361	1006.59 The Historically Black College and University
362	Library Improvement Program.-
363	(3) Each institution shall submit to the State Board of
364	Education a plan for enhancing its library through the following
365	activities:
366	(a) Each institution shall increase the number of volumes
367	by purchasing replacement books and new titles. Funds shall not
368	be used to purchase periodicals or nonprint media. The goal of
369	these purchases is to meet the needs of students and faculty in
370	disciplines that have recently been added to the curriculum, in
371	traditional academic fields that have been expanded, or in
372	academic fields in which rapid changes in technology result in
373	accelerated obsolescence of related library holdings.
374	Section 9. Section 1006.72, Florida Statutes, is created
375	to read:
376	1006.72 Licensing electronic library resources.-
377	(1) FINDINGS.-The Legislature finds that the most cost-
378	efficient and cost-effective means of licensing electronic
379	library resources requires that Florida colleges and state
380	universities collaborate with school districts and public
381	libraries in the identification and acquisition of such
382	resources needed by more than one sector.
383	(2) PROCESS TO IDENTIFY RESOURCES.-Library staff from
384	Florida colleges, state universities, school districts, and
385	public libraries shall implement a process that annually
386	identifies the electronic library resources for each of the core
387	categories established in this section. To the extent possible,
388	the Florida Center for Library Automation, the College Center
389	for Library Automation, and the Division of Library and
390	Information Services within the Department of State shall
391	jointly coordinate this annual process.
392	(3) STATEWIDE CORE RESOURCES.-For purposes of licensing
393	electronic library resources of the Florida Electronic Library,
394	library representatives from public libraries, school districts,
395	Florida colleges, and state universities shall identify the
396	statewide core resources that will be available to all students,
397	teachers, and citizens of the state.
398	(4) POSTSECONDARY EDUCATION CORE RESOURCES.-For purposes
399	of licensing electronic library resources required by both the
400	Florida Center for Library Automation and the College Center for
401	Library Automation from funds appropriated to the centers,
402	Florida college and state university library staff shall
403	identify the postsecondary education core resources that will be
404	available to all public postsecondary education students.
405	(5) FOUR-YEAR DEGREE CORE RESOURCES.-For purposes of
406	licensing electronic library resources beyond the postsecondary
407	education core resources by the Florida Center for Library
408	Automation from funds appropriated to the center, state
409	university library staff, in consultation with Florida college
410	library staff, shall identify the 4-year degree core resources
411	that will be available to all 4-year degree-seeking students in
412	the State University System and the Florida College System. The
413	Florida Center for Library Automation shall include in the
414	negotiated pricing model any Florida college interested in
415	licensing a resource.
416	(6) TWO-YEAR DEGREE CORE RESOURCES.-For purposes of
417	licensing electronic library resources beyond the postsecondary
418	education core resources by the College Center for Library
419	Automation from funds appropriated to the center, Florida
420	college library staff shall identify the 2-year degree core
421	resources that will be available to all Florida college
422	students. The College Center for Library Automation shall
423	include in the negotiated pricing model any state university
424	interested in licensing a resource.
425	Section 10. Section 1009.21, Florida Statutes, is amended
426	to read:
427	1009.21 Determination of resident status for tuition
428	purposes.-Students shall be classified as residents or
429	nonresidents for the purpose of assessing tuition in
430	postsecondary educational programs offered by charter technical
431	career centers or career centers operated by school districts,
432	in community colleges, and in state universities.
433	(1) As used in this section, the term:
434	(a) "Dependent child" means any person, whether or not
435	living with his or her parent, who is eligible to be claimed by
436	his or her parent as a dependent under the federal income tax
437	code.
438	(b) "Initial enrollment" means the first day of class at
439	an institution of higher education.
440	(c) "Institution of higher education" means any charter
441	technical career center as defined in s. 1002.34, career center
442	operated by a school district as defined in s. 1001.44,
443	community college as defined in s. 1000.21(3), or state
444	university as defined in s. 1000.21(6).
445	(d) "Legal resident" or "resident" means a person who has
446	maintained his or her residence in this state for the preceding
447	year, has purchased a home which is occupied by him or her as
448	his or her residence, or has established a domicile in this
449	state pursuant to s. 222.17.
450	(e) "Nonresident for tuition purposes" means a person who
451	does not qualify for the in-state tuition rate.
452	(f) "Parent" means the natural or adoptive parent or legal
453	guardian of a dependent child.
454	(g) "Resident for tuition purposes" means a person who
455	qualifies as provided in this section for the in-state tuition
456	rate.
457	(2)(a) To qualify as a resident for tuition purposes:
458	1. A person or, if that person is a dependent child, his
459	or her parent or parents must have established legal residence
460	in this state and must have maintained legal residence in this
461	state for at least 12 consecutive months immediately prior to
462	his or her initial enrollment in an institution of higher
463	education.
464	2. Every applicant for admission to an institution of
465	higher education shall be required to make a statement as to his
466	or her length of residence in the state and, further, shall
467	establish that his or her presence or, if the applicant is a
468	dependent child, the presence of his or her parent or parents in
469	the state currently is, and during the requisite 12-month
470	qualifying period was, for the purpose of maintaining a bona
471	fide domicile, rather than for the purpose of maintaining a mere
472	temporary residence or abode incident to enrollment in an
473	institution of higher education.
474	(b) However, with respect to a dependent child living with
475	an adult relative other than the child's parent, such child may
476	qualify as a resident for tuition purposes if the adult relative
477	is a legal resident who has maintained legal residence in this
478	state for at least 12 consecutive months immediately prior to
479	the child's initial enrollment in an institution of higher
480	education, provided the child has resided continuously with such
481	relative for the 5 years immediately prior to the child's
482	initial enrollment in an institution of higher education, during
483	which time the adult relative has exercised day-to-day care,
484	supervision, and control of the child.
485	(c) The legal residence of a dependent child whose parents
486	are divorced, separated, or otherwise living apart will be
487	deemed to be this state if either parent is a legal resident of
488	this state, regardless of which parent is entitled to claim, and
489	does in fact claim, the minor as a dependent pursuant to federal
490	individual income tax provisions.
491	(3)(a) An individual shall not be classified as a resident
492	for tuition purposes and, thus, shall not be eligible to receive
493	the in-state tuition rate until he or she has provided such
494	evidence related to legal residence and its duration or, if that
495	individual is a dependent child, evidence of his or her parent's
496	legal residence and its duration, as may be required by law and
497	by officials of the institution of higher education from which
498	he or she seeks the in-state tuition rate.
499	(b) Except as otherwise provided in this section, evidence
500	of legal residence and its duration shall include clear and
501	convincing documentation that residency in this state was for a
502	minimum of 12 consecutive months prior to a student's initial
503	enrollment in an institution of higher education.
504	(c) Each institution of higher education shall
505	affirmatively determine that an applicant who has been granted
506	admission to that institution as a Florida resident meets the
507	residency requirements of this section at the time of initial
508	enrollment. The residency determination must be documented by
509	the submission of written or electronic verification that
510	includes two or more of the documents identified in this
511	paragraph. No single piece of evidence shall be conclusive.
512	1. The documents must include at least one of the
513	following:
514	a. A Florida voter's registration card.
515	b. A Florida driver's license.
516	c. A State of Florida identification card.
517	d. A Florida vehicle registration.
518	e. Proof of a permanent home in Florida which is occupied
519	as a primary residence by the individual or by the individual's
520	parent if the individual is a dependent child.
521	f. Proof of a homestead exemption in Florida.
522	g. Transcripts from a Florida high school for multiple
523	years if the Florida high school diploma or GED was earned
524	within the last 12 months.
525	h. Proof of permanent full-time employment in Florida for
526	at least 30 hours per week for a 12-month period.
527	2. The documents may include one or more of the following:
528	a. A declaration of domicile in Florida.
529	b. A Florida professional or occupational license.
530	c. Florida incorporation.
531	d. A document evidencing family ties in Florida.
532	e. Proof of membership in a Florida-based charitable or
533	professional organization.
534	f. Any other documentation that supports the student's
535	request for resident status, including, but not limited to,
536	utility bills and proof of 12 consecutive months of payments; a
537	lease agreement and proof of 12 consecutive months of payments;
538	or an official state, federal, or court document evidencing
539	legal ties to Florida.
540	(4) With respect to a dependent child, the legal residence
541	of the dependent child's parent or parents is prima facie
542	evidence of the dependent child's legal residence, which
543	evidence may be reinforced or rebutted, relative to the age and
544	general circumstances of the dependent child, by the other
545	evidence of legal residence required of or presented by the
546	dependent child. However, the legal residence of a dependent
547	child's parent or parents who are domiciled outside this state
548	is not prima facie evidence of the dependent child's legal
549	residence if that dependent child has lived in this state for 5
550	consecutive years prior to enrolling or reregistering at the
551	institution of higher education at which resident status for
552	tuition purposes is sought.
553	(5) In making a domiciliary determination related to the
554	classification of a person as a resident or nonresident for
555	tuition purposes, the domicile of a married person, irrespective
556	of sex, shall be determined, as in the case of an unmarried
557	person, by reference to all relevant evidence of domiciliary
558	intent. For the purposes of this section:
559	(a) A person shall not be precluded from establishing or
560	maintaining legal residence in this state and subsequently
561	qualifying or continuing to qualify as a resident for tuition
562	purposes solely by reason of marriage to a person domiciled
563	outside this state, even when that person's spouse continues to
564	be domiciled outside of this state, provided such person
565	maintains his or her legal residence in this state.
566	(b) A person shall not be deemed to have established or
567	maintained a legal residence in this state and subsequently to
568	have qualified or continued to qualify as a resident for tuition
569	purposes solely by reason of marriage to a person domiciled in
570	this state.
571	(c) In determining the domicile of a married person,
572	irrespective of sex, the fact of the marriage and the place of
573	domicile of such person's spouse shall be deemed relevant
574	evidence to be considered in ascertaining domiciliary intent.
575	(6)(a) Except as otherwise provided in this section, a
576	person who is classified as a nonresident for tuition purposes
577	may become eligible for reclassification as a resident for
578	tuition purposes if that person or, if that person is a
579	dependent child, his or her parent presents clear and convincing
580	documentation that supports permanent legal residency in this
581	state for at least 12 consecutive months rather than temporary
582	residency for the purpose of pursuing an education, such as
583	documentation of full-time permanent employment for the prior 12
584	months or the purchase of a home in this state and residence
585	therein for the prior 12 months while not enrolled in an
586	institution of higher education.
587	(b) If a person who is a dependent child and his or her
588	parent move to this state while such child is a high school
589	student and the child graduates from a high school in this
590	state, the child may become eligible for reclassification as a
591	resident for tuition purposes when the parent submits evidence
592	that the parent qualifies for permanent residency.
593	(c) If a person who is a dependent child and his or her
594	parent move to this state after such child graduates from high
595	school, the child may become eligible for reclassification as a
596	resident for tuition purposes after the parent submits evidence
597	that he or she has established legal residence in the state and
598	has maintained legal residence in the state for at least 12
599	consecutive months.
600	(d) A person who is classified as a nonresident for
601	tuition purposes and who marries a legal resident of the state
602	or marries a person who becomes a legal resident of the state
603	may, upon becoming a legal resident of the state, become
604	eligible for reclassification as a resident for tuition purposes
605	upon submitting evidence of his or her own legal residency in
606	the state, evidence of his or her marriage to a person who is a
607	legal resident of the state, and evidence of the spouse's legal
608	residence in the state for at least 12 consecutive months
609	immediately preceding the application for reclassification.
610	(7) A person shall not lose his or her resident status for
611	tuition purposes solely by reason of serving, or, if such person
612	is a dependent child, by reason of his or her parent's or
613	parents' serving, in the Armed Forces outside this state.
614	(8) A person who has been properly classified as a
615	resident for tuition purposes but who, while enrolled in an
616	institution of higher education in this state, loses his or her
617	resident tuition status because the person or, if he or she is a
618	dependent child, the person's parent or parents establish
619	domicile or legal residence elsewhere shall continue to enjoy
620	the in-state tuition rate for a statutory grace period, which
621	period shall be measured from the date on which the
622	circumstances arose that culminated in the loss of resident
623	tuition status and shall continue for 12 months. However, if the
624	12-month grace period ends during a semester or academic term
625	for which such former resident is enrolled, such grace period
626	shall be extended to the end of that semester or academic term.
627	(9) Any person who ceases to be enrolled at or who
628	graduates from an institution of higher education while
629	classified as a resident for tuition purposes and who
630	subsequently abandons his or her domicile in this state shall be
631	permitted to reenroll at an institution of higher education in
632	this state as a resident for tuition purposes without the
633	necessity of meeting the 12-month durational requirement of this
634	section if that person has reestablished his or her domicile in
635	this state within 12 months of such abandonment and continuously
636	maintains the reestablished domicile during the period of
637	enrollment. The benefit of this subsection shall not be accorded
638	more than once to any one person.
639	(10) The following persons shall be classified as
640	residents for tuition purposes:
641	(a) Active duty members of the Armed Services of the
642	United States residing or stationed in this state, their
643	spouses, and dependent children, and active drilling members of
644	the Florida National Guard.
645	(b) Active duty members of the Armed Services of the
646	United States and their spouses and dependents attending a
647	public community college or state university within 50 miles of
648	the military establishment where they are stationed, if such
649	military establishment is within a county contiguous to Florida.
650	(c) United States citizens living on the Isthmus of
651	Panama, who have completed 12 consecutive months of college work
652	at the Florida State University Panama Canal Branch, and their
653	spouses and dependent children.
654	(d) Full-time instructional and administrative personnel
655	employed by state public schools and institutions of higher
656	education and their spouses and dependent children.
657	(e) Students from Latin America and the Caribbean who
658	receive scholarships from the federal or state government. Any
659	student classified pursuant to this paragraph shall attend, on a
660	full-time basis, a Florida institution of higher education.
661	(f) Southern Regional Education Board's Academic Common
662	Market graduate students attending Florida's state universities.
663	(g) Full-time employees of state agencies or political
664	subdivisions of the state when the student fees are paid by the
665	state agency or political subdivision for the purpose of job-
666	related law enforcement or corrections training.
667	(h) McKnight Doctoral Fellows and Finalists who are United
668	States citizens.
669	(i) United States citizens living outside the United
670	States who are teaching at a Department of Defense Dependent
671	School or in an American International School and who enroll in
672	a graduate level education program which leads to a Florida
673	teaching certificate.
674	(j) Active duty members of the Canadian military residing
675	or stationed in this state under the North American Air Defense
676	(NORAD) agreement, and their spouses and dependent children,
677	attending a community college or state university within 50
678	miles of the military establishment where they are stationed.
679	(k) Active duty members of a foreign nation's military who
680	are serving as liaison officers and are residing or stationed in
681	this state, and their spouses and dependent children, attending
682	a community college or state university within 50 miles of the
683	military establishment where the foreign liaison officer is
684	stationed.
685	(11) Once a student has been classified as a resident for
686	tuition purposes, an institution of higher education to which
687	the student transfers is not required to reevaluate the
688	classification unless inconsistent information suggests that an
689	erroneous classification was made or the student's situation has
690	changed. However, the student must have attended the institution
691	making the initial classification within the prior 12 months and
692	the residency classification must be noted on the student's
693	transcript. The Higher Education Coordinating Council shall
694	consider issues related to residency determinations and make
695	recommendations relating to efficiency and effectiveness of
696	current law.
697	(12)(11) Each institution of higher education shall
698	establish a residency appeal committee comprised of at least
699	three members to consider student appeals of residency
700	determinations, in accordance with the institution's official
701	appeal process. The residency appeal committee must render to
702	the student the final residency determination in writing. The
703	institution must advise the student of the reasons for the
704	determination.
705	(13)(12) The State Board of Education and the Board of
706	Governors shall adopt rules to implement this section.
707	Section 11. Paragraphs (b) and (g) of subsection (3) and
708	subsection (11) of section 1009.22, Florida Statutes, are
709	amended to read:
710	1009.22 Workforce education postsecondary student fees.-
711	(3)
712	(b) Fees for continuing workforce education shall be
713	locally determined by the district school board or community
714	college board. However, at least 50 percent of the Expenditures
715	for the continuing workforce education program provided by the
716	community college or school district must be fully supported by
717	derived from fees. Enrollments in continuing workforce education
718	courses may not be counted for purposes of funding full-time
719	equivalent enrollment.
720	(g) The State Board of Education may shall adopt, by rule,
721	the definitions and procedures that district school boards and
722	community college boards of trustees shall use in the
723	calculation of cost borne by students.
724	(11) Any school district or community college that reports
725	students who have not paid fees in an approved manner in
726	calculations of full-time equivalent enrollments for state
727	funding purposes shall be penalized at a rate equal to 2 times
728	the value of such enrollments. Such penalty shall be charged
729	against the following year's allocation from workforce education
730	funds or the Community College Program Fund and shall revert to
731	the General Revenue Fund. The State Board of Education shall
732	specify, as necessary in rule, approved methods of student fee
733	payment. Such methods must include, but need not be limited to,
734	student fee payment; payment through federal, state, or
735	institutional financial aid; and employer fee payments.
736	Section 12. Paragraph (d) of subsection (4) and paragraph
737	(a) of subsection (16) of section 1009.24, Florida Statutes, are
738	amended to read:
739	1009.24 State university student fees.-
740	(4)
741	(d) The sum of the activity and service, health, and
742	athletic fees a student is required to pay to register for a
743	course shall not exceed 40 percent of the tuition established in
744	law or in the General Appropriations Act. No university shall be
745	required to lower any fee in effect on the effective date of
746	this act in order to comply with this subsection. Within the 40
747	percent cap, universities may not increase the aggregate sum of
748	activity and service, health, and athletic fees more than 5
749	percent per year, or the same percentage increase in tuition
750	authorized under paragraph (b), whichever is greater, unless
751	specifically authorized in law or in the General Appropriations
752	Act. A university may increase its athletic fee to defray the
753	costs associated with changing National Collegiate Athletic
754	Association divisions. Any such increase in the athletic fee may
755	exceed both the 40 percent cap and the 5 percent cap imposed by
756	this subsection. Any such increase must be approved by the
757	athletic fee committee in the process outlined in subsection
758	(12) and cannot exceed $2 per credit hour. Notwithstanding the
759	provisions of ss. 1009.534, 1009.535, and 1009.536, that portion
760	of any increase in an athletic fee pursuant to this subsection
761	that causes the sum of the activity and service, health, and
762	athletic fees to exceed the 40 percent cap or the annual
763	increase in such fees to exceed the 5 percent cap shall not be
764	included in calculating the amount a student receives for a
765	Florida Academic Scholars award, a Florida Medallion Scholars
766	award, or a Florida Gold Seal Vocational Scholars award.
767	Notwithstanding this paragraph and subject to approval by the
768	board of trustees, each state university is authorized to exceed
769	the 5-percent cap on the annual increase to the aggregate sum of
770	activity and service, health, and athletic fees for the 2010-
771	2011 fiscal year. Any such increase shall not exceed 15 percent
772	or the amount required to reach the 2009-2010 fiscal year
773	statewide average for the aggregate sum of activity and service,
774	health, and athletic fees at the main campuses, whichever is
775	greater. The aggregate sum of the activity and service, health,
776	and athletic fees shall not exceed 40 percent of tuition. Any
777	increase in the activity and service fee, health fee, or
778	athletic fee must be approved by the appropriate fee committee
779	pursuant to subsection (10), subsection (11), or subsection
780	(12).
781	(16) Each university board of trustees may establish a
782	tuition differential for undergraduate courses upon receipt of
783	approval from the Board of Governors. The tuition differential
784	shall promote improvements in the quality of undergraduate
785	education and shall provide financial aid to undergraduate
786	students who exhibit financial need.
787	(a) Seventy percent of the revenues from the tuition
788	differential shall be expended for purposes of undergraduate
789	education. Such expenditures may include, but are not limited
790	to, increasing course offerings, improving graduation rates,
791	increasing the percentage of undergraduate students who are
792	taught by faculty, decreasing student-faculty ratios, providing
793	salary increases for faculty who have a history of excellent
794	teaching in undergraduate courses, improving the efficiency of
795	the delivery of undergraduate education through academic
796	advisement and counseling, and reducing the percentage of
797	students who graduate with excess hours. This expenditure for
798	undergraduate education may not be used to pay the salaries of
799	graduate teaching assistants. Except as otherwise provided in
800	this subsection, the remaining 30 percent of the revenues from
801	the tuition differential, or the equivalent amount of revenue
802	from private sources, shall be expended to provide financial aid
803	to undergraduate students who exhibit financial need, including
804	students who are scholarship recipients under s. 1009.984, to
805	meet the cost of university attendance. This expenditure for
806	need-based financial aid shall not supplant the amount of need-
807	based aid provided to undergraduate students in the preceding
808	fiscal year from financial aid fee revenues, the direct
809	appropriation for financial assistance provided to state
810	universities in the General Appropriations Act, or from private
811	sources. The total amount of tuition differential waived under
812	subparagraph (b)8. may be included in calculating the
813	expenditures for need-based financial aid to undergraduate
814	students required by this subsection.
815	Section 13. Subsection (2) of section 1009.531, Florida
816	Statutes, is amended, and subsection (6) is added to that
817	section, to read:
818	1009.531 Florida Bright Futures Scholarship Program;
819	student eligibility requirements for initial awards.-
820	(2)(a) For students graduating from high school prior to
821	the 2010-2011 academic year, a student is eligible to accept an
822	initial award for 3 years following high school graduation and
823	to accept a renewal award for 7 years following high school
824	graduation. A student who applies for an award by high school
825	graduation and who meets all other eligibility requirements, but
826	who does not accept his or her award, may reapply during
827	subsequent application periods up to 3 years after high school
828	graduation. For a student who enlists in the United States Armed
829	Forces immediately after completion of high school, the 3-year
830	eligibility period for his or her initial award shall begin upon
831	the date of separation from active duty. For a student who is
832	receiving a Florida Bright Futures Scholarship and discontinues
833	his or her education to enlist in the United States Armed
834	Forces, the remainder of his or her 7-year renewal period shall
835	commence upon the date of separation from active duty.
836	(b) For students graduating from high school in the 2010-
837	2011 academic year and thereafter, a student is eligible to
838	accept an initial award for 3 years following high school
839	graduation and to accept a renewal award for 5 years following
840	high school graduation. A student who applies for an award by
841	high school graduation and who meets all other eligibility
842	requirements, but who does not accept his or her award, may
843	reapply during subsequent application periods up to 3 years
844	after high school graduation. For a student who enlists in the
845	United States Armed Forces immediately after completion of high
846	school, the 3-year eligibility period for his or her initial
847	award and the 5-year renewal period shall begin upon the date of
848	separation from active duty. For a student who is receiving a
849	Florida Bright Futures Scholarship award and discontinues his or
850	her education to enlist in the United States Armed Forces, the
851	remainder of his or her 5-year renewal period shall commence
852	upon the date of separation from active duty. If a course of
853	study is not completed after 5 academic years, an exception of 1
854	year to the renewal timeframe may be granted due to a verifiable
855	illness or other documented emergency pursuant to s.
856	1009.40(1)(b)4.
857	(6)(a) The State Board of Education shall publicize the
858	examination score required for a student to be eligible for a
859	Florida Academic Scholars award, pursuant to s. 1009.534(1)(a)
860	or (b), as follows:
861	1. For high school students graduating in the 2010-2011
862	and 2011-2012 academic years, the student must earn an SAT score
863	of 1270 or a concordant ACT score of 28.
864	2. For high school students graduating in the 2012-2013
865	academic year, the student must earn an SAT score of 1280 which
866	corresponds to the 88th SAT percentile rank or a concordant ACT
867	score of 28.
868	3. For high school students graduating in the 2013-2014
869	academic year and thereafter, the student must earn an SAT score
870	of 1290 which corresponds to the 89th SAT percentile rank or a
871	concordant ACT score of 29.
872	(b) The State Board of Education shall publicize the
873	examination score required for a student to be eligible for a
874	Florida Medallion Scholars award, pursuant to s. 1009.535(1)(a)
875	or (b), as follows:
876	1. For high school students graduating in the 2010-2011
877	academic year, the student must earn an SAT score of 970 or a
878	concordant ACT score of 20 or the student in a home education
879	program whose parent cannot document a college-preparatory
880	curriculum must earn an SAT score of 1070 or a concordant ACT
881	score of 23.
882	2. For high school students graduating in the 2011-2012
883	academic year, the student must earn an SAT score of 980 which
884	corresponds to the 44th SAT percentile rank or a concordant ACT
885	score of 21 or the student in a home education program whose
886	parent cannot document a college-preparatory curriculum must
887	earn an SAT score of 1070 or a concordant ACT score of 23.
888	3. For high school students graduating in the 2012-2013
889	academic year, the student must earn an SAT score of 1020 which
890	corresponds to the 50th SAT percentile rank or a concordant ACT
891	score of 22 or the student in a home education program whose
892	parent cannot document a college-preparatory curriculum must
893	earn an SAT score of 1070 or a concordant ACT score of 23.
894	4. For high school students graduating in the 2013-2014
895	academic year and thereafter, the student must earn an SAT score
896	of 1050 which corresponds to the 56th SAT percentile rank or a
897	concordant ACT score of 23 or the student in a home education
898	program whose parent cannot document a college-preparatory
899	curriculum must earn an SAT score of 1100 or a concordant ACT
900	score of 24.
901	(c) The SAT percentile ranks and corresponding SAT scores
902	specified in paragraphs (a) and (b) are based on the SAT
903	percentile ranks for 2009 college-bound seniors in critical
904	reading and mathematics as reported by the College Board. The
905	next highest SAT score is used when the percentile ranks do not
906	directly correspond.
907	Section 14. Section 1009.532, Florida Statutes, is amended
908	to read:
909	1009.532 Florida Bright Futures Scholarship Program;
910	student eligibility requirements for renewal awards.-
911	(1) To be eligible to renew a scholarship from any of the
912	three types of scholarships under the Florida Bright Futures
913	Scholarship Program, a student must:
914	(a) Effective for students funded in the 2009-2010
915	academic year and thereafter, earn at least 24 semester credit
916	hours or the equivalent in the last academic year in which the
917	student earned a scholarship if the student was enrolled full
918	time, or a prorated number of credit hours as determined by the
919	Department of Education if the student was enrolled less than
920	full time for any part of the academic year. For students
921	initially eligible prior to the 2010-2011 academic term, if a
922	student fails to earn the minimum number of hours required to
923	renew the scholarship, the student shall lose his or her
924	eligibility for renewal for a period equivalent to 1 academic
925	year. Such student is eligible to restore the award the
926	following academic year if the student earns the hours for which
927	he or she was enrolled at the level defined by the department
928	and meets the grade point average for renewal. A student is
929	eligible for such restoration one time. The department shall
930	notify eligible recipients of the provisions of this paragraph.
931	Each institution shall notify award recipients of the provisions
932	of this paragraph during the registration process.
933	(b) Maintain the cumulative grade point average required
934	by the scholarship program, except that:
935	1. If a recipient's grades fall beneath the average
936	required to renew a Florida Academic Scholarship, but are
937	sufficient to renew a Florida Medallion Scholarship or a Florida
938	Gold Seal Vocational Scholarship, the Department of Education
939	may grant a renewal from one of those other scholarship
940	programs, if the student meets the renewal eligibility
941	requirements;
942	2. For students initially eligible prior to the 2010-2011
943	academic term, if, at any time during the eligibility period, a
944	student's grades are insufficient to renew the scholarship, the
945	student may restore eligibility by improving the grade point
946	average to the required level. A student is eligible for such a
947	restoration one time. The Legislature encourages education
948	institutions to assist students to calculate whether or not it
949	is possible to raise the grade point average during the summer
950	term. If the institution determines that it is possible, the
951	education institution may so inform the department, which may
952	reserve the student's award if funds are available. The renewal,
953	however, must not be granted until the student achieves the
954	required cumulative grade point average. If the summer term is
955	not sufficient to raise the grade point average to the required
956	renewal level, the student's next opportunity for renewal is the
957	fall semester of the following academic year; or
958	3. For students initially eligible in the 2010-2011
959	academic term and thereafter, if at any time during a student's
960	first academic year the student's grades are insufficient to
961	renew the scholarship, the student may restore eligibility by
962	improving the grade point average to the required level. A
963	student is eligible for such a restoration one time. The
964	Legislature encourages education institutions to assist students
965	to calculate whether or not it is possible to raise the grade
966	point average during the summer term. If the education
967	institution determines that it is possible, the institution may
968	so inform the department, which may reserve the student's award
969	if funds are available. The renewal, however, must not be
970	granted until the student achieves the required cumulative grade
971	point average. If the summer term is not sufficient to raise the
972	grade point average to the required renewal level, the student's
973	next opportunity for renewal is the fall semester of the
974	following academic year. If a student is receiving a Florida
975	Bright Futures Scholarship, is a servicemember of the Florida
976	National Guard or United States Reserves while attending a
977	postsecondary institution, is called to active duty or state
978	active duty, as defined in s. 250.01, prior to completing his or
979	her degree, and meets all other requirements for the
980	scholarship, the student shall be eligible to continue the
981	scholarship for 2 years after completing active duty or state
982	active duty.
983	(c) Reimburse or make satisfactory arrangements to
984	reimburse the institution for the award amount received for
985	courses dropped after the end of the drop and add period or
986	courses from which the student withdraws after the end of the
987	drop and add period unless the student has received an exception
988	pursuant to s. 1009.53(11).
989	(2) For students initially eligible in the 2010-2011
990	academic term and thereafter, and unless otherwise provided in
991	this section, if a student does not meet the requirements for
992	renewal of a scholarship because of lack of completion of
993	sufficient credit hours or insufficient grades, the scholarship
994	shall be renewed only if the student failed to complete
995	sufficient credit hours or to meet sufficient grade requirements
996	due to verifiable illness or other documented emergency, in
997	which case the student may be granted an exception from academic
998	requirements pursuant to s. 1009.40(1)(b)4.
999	(3)(2) A student who is initially eligible prior to the
1000	2010-2011 academic year and is enrolled in a program that
1001	terminates in an associate degree or a baccalaureate degree may
1002	receive an award for a maximum of 110 percent of the number of
1003	credit hours required to complete the program. A student who is
1004	enrolled in a program that terminates in a career certificate
1005	may receive an award for a maximum of 110 percent of the credit
1006	hours or clock hours required to complete the program up to 90
1007	credit hours. For a student who is initially eligible in the
1008	2010-2011 academic term and thereafter, the student may receive
1009	an award for a maximum of 100 percent of the number of credit
1010	hours required to complete an associate degree program or a
1011	baccalaureate degree program, or the student may receive an
1012	award for a maximum of 100 percent of the credit hours or clock
1013	hours required to complete up to 90 credit hours of a program
1014	that terminates in a career certificate. A student who transfers
1015	from one of these program levels to another becomes eligible for
1016	the higher of the two credit hour limits.
1017	Section 15. Subsections (1) and (5) of section 1009.534,
1018	Florida Statutes, are amended to read:
1019	1009.534 Florida Academic Scholars award.-
1020	(1) A student is eligible for a Florida Academic Scholars
1021	award if the student meets the general eligibility requirements
1022	for the Florida Bright Futures Scholarship Program and the
1023	student:
1024	(a) Has achieved a 3.5 weighted grade point average as
1025	calculated pursuant to s. 1009.531, or its equivalent, in high
1026	school courses that are designated by the State Board of
1027	Education as college-preparatory academic courses; and has
1028	attained at least the score pursuant to s. 1009.531(6)(a)
1029	identified by rules of the State Board of Education on the
1030	combined verbal and quantitative parts of the Scholastic
1031	Aptitude Test, the Scholastic Assessment Test, or the recentered
1032	Scholastic Assessment Test of the College Entrance Examination,
1033	or an equivalent score on the ACT Assessment Program; or
1034	(b) Has attended a home education program according to s.
1035	1002.41 during grades 11 and 12 or has completed the
1036	International Baccalaureate curriculum but failed to earn the
1037	International Baccalaureate Diploma or has completed the
1038	Advanced International Certificate of Education curriculum but
1039	failed to earn the Advanced International Certificate of
1040	Education Diploma, and has attained at least the score pursuant
1041	to s. 1009.531(6)(a) identified by rules of the State Board of
1042	Education on the combined verbal and quantitative parts of the
1043	Scholastic Aptitude Test, the Scholastic Assessment Test, or the
1044	recentered Scholastic Assessment Test of the College Entrance
1045	Examination, or an equivalent score on the ACT Assessment
1046	Program; or
1047	(c) Has been awarded an International Baccalaureate
1048	Diploma from the International Baccalaureate Office or an
1049	Advanced International Certificate of Education Diploma from the
1050	University of Cambridge International Examinations Office; or
1051	(d) Has been recognized by the merit or achievement
1052	programs of the National Merit Scholarship Corporation as a
1053	scholar or finalist; or
1054	(e) Has been recognized by the National Hispanic
1055	Recognition Program as a scholar recipient. A student must
1056	complete a program of community service work, as approved by the
1057	district school board or the administrators of a nonpublic
1058	school, which shall include a minimum of 75 hours of service
1059	work and require the student to identify a social problem that
1060	interests him or her, develop a plan for his or her personal
1061	involvement in addressing the problem, and, through papers or
1062	other presentations, evaluate and reflect upon his or her
1063	experience.
1064	(5) Notwithstanding subsections (2) and (4), a Florida
1065	Academic Scholar is eligible for an award equal to the amount
1066	specified in the General Appropriations Act for the 2009-2010
1067	academic year. This subsection expires July 1, 2010.
1068	Section 16. Section 1009.5341, Florida Statutes, is
1069	created to read:
1070	1009.5341 Florida Bright Futures Scholarship awards for
1071	graduate study.-Florida Bright Futures Scholarship recipients
1072	who graduate in the 2010-2011 academic year and thereafter with
1073	a baccalaureate degree in 7 semesters, or the equivalent or
1074	fewer hours, and wish to pursue graduate study may apply the
1075	unused portion of their Florida Academic Scholars award or
1076	Florida Medallion Scholars award toward 1 semester of graduate
1077	study, not to exceed 15 semester hours paid at the undergraduate
1078	rate. A baccalaureate degree may include, but is not limited to,
1079	college credits earned through articulated acceleration
1080	mechanisms pursuant to s. 1007.27.
1081	Section 17. Subsections (1) and (4) of section 1009.535,
1082	Florida Statutes, are amended to read:
1083	1009.535 Florida Medallion Scholars award.-
1084	(1) A student is eligible for a Florida Medallion Scholars
1085	award if the student meets the general eligibility requirements
1086	for the Florida Bright Futures Scholarship Program and the
1087	student:
1088	(a) Has achieved a weighted grade point average of 3.0 as
1089	calculated pursuant to s. 1009.531, or the equivalent, in high
1090	school courses that are designated by the State Board of
1091	Education as college-preparatory academic courses; and has
1092	attained at least the score pursuant to s. 1009.531(6)(b)
1093	identified by rules of the State Board of Education on the
1094	combined verbal and quantitative parts of the Scholastic
1095	Aptitude Test, the Scholastic Assessment Test, or the recentered
1096	Scholastic Assessment Test of the College Entrance Examination,
1097	or an equivalent score on the ACT Assessment Program; or
1098	(b) Has attended a home education program according to s.
1099	1002.41 during grades 11 and 12 or has completed the
1100	International Baccalaureate curriculum but failed to earn the
1101	International Baccalaureate Diploma or has completed the
1102	Advanced International Certificate of Education curriculum but
1103	failed to earn the Advanced International Certificate of
1104	Education Diploma, and has attained at least the score pursuant
1105	to s. 1009.531(6)(b) identified by rules of the State Board of
1106	Education on the combined verbal and quantitative parts of the
1107	Scholastic Aptitude Test, the Scholastic Assessment Test, or the
1108	recentered Scholastic Assessment Test of the College Entrance
1109	Examination, or an equivalent score on the ACT Assessment
1110	Program; or
1111	(c) Has attended a home education program according to s.
1112	1002.41 during grades 11 and 12 and has attained at least the
1113	score pursuant to s. 1009.531(6)(b) on the combined verbal and
1114	quantitative parts of the Scholastic Aptitude Test, the
1115	Scholastic Assessment Test, or the recentered Scholastic
1116	Assessment Test of the College Entrance Examination, or an
1117	equivalent score on the ACT Assessment Program, if the student's
1118	parent cannot document a college-preparatory curriculum as
1119	described in paragraph (a);
1120	(d)(c) Has been recognized by the merit or achievement
1121	program of the National Merit Scholarship Corporation as a
1122	scholar or finalist but has not completed a program of community
1123	service as provided in s. 1009.534; or
1124	(e)(d) Has been recognized by the National Hispanic
1125	Recognition Program as a scholar, but has not completed a
1126	program of community service as provided in s. 1009.534.
1127	(4) Notwithstanding subsection (2), a Florida Medallion
1128	Scholar is eligible for an award equal to the amount specified
1129	in the General Appropriations Act for the 2009-2010 academic
1130	year. This subsection expires July 1, 2010.
1131	Section 18. Subsections (4) and (5) of section 1009.536,
1132	Florida Statutes, are amended to read:
1133	1009.536 Florida Gold Seal Vocational Scholars award.-The
1134	Florida Gold Seal Vocational Scholars award is created within
1135	the Florida Bright Futures Scholarship Program to recognize and
1136	reward academic achievement and career preparation by high
1137	school students who wish to continue their education.
1138	(4) A student may earn a Florida Gold Seal Vocational
1139	Scholarship for 110 percent of the number of credit hours
1140	required to complete the program, up to 90 credit hours or the
1141	equivalent. For a student who is initially eligible in the 2010-
1142	2011 academic term and thereafter, the student may earn a
1143	Florida Gold Seal Vocational Scholarship for 100 percent of the
1144	number of credit hours required to complete the program, up to
1145	90 credit hours or the equivalent.
1146	(5) Notwithstanding subsection (2), a Florida Gold Seal
1147	Vocational Scholar is eligible for an award equal to the amount
1148	specified in the General Appropriations Act for the 2009-2010
1149	academic year. This subsection expires July 1, 2010.
1150	Section 19. Sections 1009.537 and 1009.5385, Florida
1151	Statutes, are repealed.
1152	Section 20. Subsections (2), (3), and (4) of section
1153	1009.72, Florida Statutes, are amended to read:
1154	1009.72 Jose Marti Scholarship Challenge Grant Program.-
1155	(2) Funds appropriated by the Legislature for the program
1156	shall be deposited in the State Student Financial Assistance
1157	Trust Fund. The Chief Financial Officer shall authorize
1158	expenditures from the trust fund upon receipt of vouchers
1159	approved by the Department of Education. All moneys collected
1160	from private sources for the purposes of this section shall be
1161	deposited into the State Student Financial Assistance Trust
1162	Fund. Any balance in the trust fund at the end of any fiscal
1163	year which that has been allocated to the program shall remain
1164	therein and shall be available for carrying out the purposes of
1165	the program. All funds deposited into the trust fund for the
1166	program shall be invested pursuant to s. 17.61. Interest income
1167	accruing to that portion of the funds which are allocated to the
1168	program in the trust fund and not matched shall increase the
1169	total funds available for the program.
1170	(3) The Legislature may appropriate funds shall designate
1171	funds to be transferred to the trust fund for the program from
1172	the General Revenue Fund. Such funds shall be divided into
1173	challenge grants to be administered by the Department of
1174	Education. All appropriated funds deposited into the trust fund
1175	for the program shall be invested pursuant to the provisions of
1176	s. 17.61. Interest income accruing to that portion of the funds
1177	that are allocated to the program in the trust fund and not
1178	matched shall increase the total funds available for the
1179	program.
1180	(4) The amounts amount appropriated to the trust fund for
1181	the program shall be allocated by the department on the basis of
1182	one $5,000 challenge grant for each $2,500 raised from private
1183	sources. Matching funds shall be generated through contributions
1184	made after July 1, 1986, and pledged for the purposes of this
1185	section. Pledged contributions shall not be eligible for
1186	matching prior to the actual collection of the total funds.
1187	Section 21. Subsections (2), (3), and (4) of section
1188	1009.73, Florida Statutes, are amended to read:
1189	1009.73 Mary McLeod Bethune Scholarship Program.-
1190	(2) Funds appropriated by the Legislature for the program
1191	shall be deposited in the State Student Financial Assistance
1192	Trust Fund. The Chief Financial Officer shall authorize
1193	expenditures from the trust fund upon receipt of vouchers
1194	approved by the Department of Education. The Department of
1195	Education shall receive all moneys collected from private
1196	sources for the purposes of this section and shall deposit such
1197	moneys into the State Student Financial Assistance Trust Fund.
1198	Notwithstanding the provisions of s. 216.301 and pursuant to s.
1199	216.351, any balance in the trust fund at the end of any fiscal
1200	year which that has been allocated to the program shall remain
1201	in the trust fund and shall be available for carrying out the
1202	purposes of the program. All moneys deposited into the trust
1203	fund for the program shall be invested pursuant to s. 17.61.
1204	Interest income accruing to that portion of the funds which are
1205	allocated to the program in the trust fund and not matched shall
1206	increase the total funds available for the program.
1207	(3) The Legislature may appropriate funds shall
1208	appropriate moneys to the trust fund for the program from the
1209	General Revenue Fund. Such moneys shall be applied to
1210	scholarships to be administered by the Department of Education.
1211	All moneys deposited into the trust fund for the program shall
1212	be invested pursuant to the provisions of s. 17.61. Interest
1213	income accruing to the program shall be expended to increase the
1214	total moneys available for scholarships.
1215	(4) The moneys in the trust fund for the program shall be
1216	allocated by the department among the institutions of higher
1217	education listed in subsection (1) on the basis of one $2,000
1218	challenge grant for each $1,000 raised from private sources.
1219	Matching funds shall be generated through contributions made
1220	after July 1, 1990, and pledged for the purposes of this
1221	section. Pledged contributions shall not be eligible for
1222	matching prior to the actual collection of the total funds. The
1223	department shall allocate to each of those institutions a
1224	proportionate share of the contributions received on behalf of
1225	those institutions and a share of the appropriations and
1226	matching funds generated by such institution.
1227	Section 22. Subsection (2) of section 1010.87, Florida
1228	Statutes, is amended to read:
1229	1010.87 Workers' Compensation Administration Trust Fund
1230	within the Department of Education.-
1231	(2) Funds appropriated by nonoperating transfer from the
1232	Department of Financial Services Workers' Compensation
1233	Administration Trust Fund which remain unencumbered as of June
1234	30 or undisbursed as of September 30 shall revert to the
1235	Department of Financial Services Workers' Compensation
1236	Administration Trust Fund. Notwithstanding the provisions of s.
1237	216.301 and pursuant to s. 216.351, any balance in the trust
1238	fund at the end of any fiscal year shall remain in the trust
1239	fund at the end of the year and shall be available for carrying
1240	out the purposes of the trust fund.
1241	Section 23. Subsection (8) of section 1011.32, Florida
1242	Statutes, is amended to read:
1243	1011.32 Community College Facility Enhancement Challenge
1244	Grant Program.-
1245	(8) By October 15 September 1 of each year, the State
1246	Board of Education shall transmit to the Legislature a list of
1247	projects which meet all eligibility requirements to participate
1248	in the Community College Facility Enhancement Challenge Grant
1249	Program and a budget request which includes the recommended
1250	schedule necessary to complete each project.
1251	Section 24. Paragraph (e) of subsection (2) of section
1252	1011.52, Florida Statutes, is amended to read:
1253	1011.52 Appropriation to first accredited medical school.-
1254	(2) In order for a medical school to qualify under the
1255	provisions of this section and to be entitled to the benefits
1256	herein, such medical school:
1257	(e) Must have in place enter into an annual operating
1258	agreement each fiscal year with a government-owned hospital that
1259	is located in the same county as the medical school and that is
1260	a statutory teaching hospital as defined in s. 408.07(45). The
1261	annual operating agreement shall provide for the medical school
1262	to maintain the same level of affiliation with the hospital,
1263	including the level of services to indigent and charity care
1264	patients served by the hospital, which was in place in the prior
1265	fiscal year. Each year, documentation demonstrating that an of
1266	the operating agreement is in effect shall be submitted jointly
1267	to the Department of Education by the hospital and the medical
1268	school prior to the payment of moneys from the annual
1269	appropriation.
1270	Section 25. Paragraph (a) of subsection (5) of section
1271	1011.80, Florida Statutes, is amended to read:
1272	1011.80 Funds for operation of workforce education
1273	programs.-
1274	(5) State funding and student fees for workforce education
1275	instruction shall be established as follows:
1276	(a) Expenditures for the continuing workforce education
1277	programs provided by the community colleges or school districts
1278	must be fully supported by fees. Enrollments in continuing
1279	workforce education courses shall not be counted for purposes of
1280	funding full-time equivalent enrollment. For a continuing
1281	workforce education course, state funding shall equal 50 percent
1282	of the cost of instruction, with student fees, business support,
1283	quick-response training funds, or other means making up the
1284	remaining 50 percent.
1285	Section 26. Section 1011.83, Florida Statutes, is amended
1286	to read:
1287	1011.83 Financial support of community colleges.-
1288	(1) Each community college that has been approved by the
1289	Department of Education and meets the requirements of law and
1290	rules of the State Board of Education shall participate in the
1291	Community College Program Fund. However, funds to support
1292	workforce education programs conducted by community colleges
1293	shall be provided pursuant to s. 1011.80.
1294	(2) Funding for baccalaureate degree programs approved
1295	pursuant to s. 1007.33 shall be specified in the General
1296	Appropriations Act. A student in a baccalaureate degree program
1297	approved pursuant to s. 1007.33 who is not classified as a
1298	resident for tuition purposes pursuant to s. 1009.21 may not be
1299	included in calculations of full-time equivalent enrollments for
1300	state funding purposes.
1301	(3) Funds specifically appropriated by the Legislature for
1302	baccalaureate degree programs approved pursuant to s. 1007.33
1303	may be used only for such programs. A community college shall
1304	fund the nonrecurring costs related to the initiation of a new
1305	baccalaureate degree program under s. 1007.33 without new state
1306	appropriations unless special grant funds are appropriated in
1307	the General Appropriations Act. A new baccalaureate degree
1308	program may not accept students without a recurring legislative
1309	appropriation for this purpose.
1310	(4) State funding for baccalaureate degree programs
1311	approved pursuant to s. 1007.33 shall be as provided in the
1312	General Appropriations Act.
1313	(5) A community college that grants baccalaureate degrees
1314	shall maintain reporting and funding distinctions between any
1315	baccalaureate degree program approved under s. 1007.33 and any
1316	other baccalaureate degree programs involving traditional
1317	concurrent-use partnerships.
1318	Section 27. Paragraph (a) of subsection (3) of section
1319	1011.84, Florida Statutes, is amended, and paragraph (g) is
1320	added to that subsection, to read:
1321	1011.84 Procedure for determining state financial support
1322	and annual apportionment of state funds to each community
1323	college district.-The procedure for determining state financial
1324	support and the annual apportionment to each community college
1325	district authorized to operate a community college under the
1326	provisions of s. 1001.61 shall be as follows:
1327	(3) DETERMINING THE APPORTIONMENT FROM STATE FUNDS.-
1328	(a) By December 15 of each year, the Department of
1329	Education shall estimate the annual enrollment of each community
1330	college for the current fiscal year and for the 3 6 subsequent
1331	fiscal years. These estimates shall be based upon prior years'
1332	enrollments, upon the initial fall term enrollments for the
1333	current fiscal year for each college, and upon each college's
1334	estimated current enrollment and demographic changes in the
1335	respective community college districts. Upper-division
1336	enrollment shall be estimated separately from lower-division
1337	enrollment.
1338	(g) Expenditures for upper-division enrollment in a
1339	community college that grants baccalaureate degrees shall be
1340	reported separately from expenditures for lower-division
1341	enrollment, in accordance with law and State Board of Education
1342	rule.
1343	Section 28. Section 1012.885, Florida Statutes, is created
1344	to read:
1345	1012.885 Remuneration of community college presidents;
1346	limitations.-
1347	(1) DEFINITIONS.-As used in this section, the term:
1348	(a) "Appropriated state funds" means funds appropriated
1349	from the General Revenue Fund or funds appropriated from state
1350	trust funds.
1351	(b) "Cash-equivalent compensation" means any benefit that
1352	may be assigned an equivalent cash value.
1353	(c) "Remuneration" means salary, bonuses, and cash-
1354	equivalent compensation paid to a community college president by
1355	his or her employer for work performed, excluding health
1356	insurance benefits and retirement benefits.
1357	(2) LIMITATION ON COMPENSATION.-Notwithstanding any other
1358	law, resolution, or rule to the contrary, a community college
1359	president may not receive more than $225,000 in remuneration
1360	annually from appropriated state funds. Only compensation, as
1361	defined in s. 121.021(22), provided to a community college
1362	president may be used in calculating benefits under chapter 121.
1363	(3) EXCEPTIONS.-This section does not prohibit any party
1364	from providing cash or cash-equivalent compensation from funds
1365	that are not appropriated state funds to a community college
1366	president in excess of the limit in subsection (2). If a party
1367	is unable or unwilling to fulfill an obligation to provide cash
1368	or cash-equivalent compensation to a community college president
1369	as permitted under this subsection, appropriated state funds may
1370	not be used to fulfill such obligation.
1371	Section 29. Subsection (8) of section 1013.79, Florida
1372	Statutes, is amended to read:
1373	1013.79 University Facility Enhancement Challenge Grant
1374	Program.-
1375	(8) By October 15 1 of each year, the Board of Governors
1376	shall transmit to the Legislature a list of projects that meet
1377	all eligibility requirements to participate in the Alec P.
1378	Courtelis University Facility Enhancement Challenge Grant
1379	Program and a budget request that includes the recommended
1380	schedule necessary to complete each project.
1381	Section 30. (1) Each Florida college and state university
1382	shall strive to reduce its campuswide energy consumption by 10
1383	percent. While savings may be accrued by any means, the goal
1384	shall be to implement energy use policies or procedures or both
1385	and any equipment retrofits that are necessary to carry out this
1386	reduction. The reduction may be obtained by either reducing the
1387	cost of the energy consumed or by reducing total energy usage,
1388	or a combination of both.
1389	(2) Energy consumption expenditures incurred during the
1390	2007-2008 fiscal year shall be used to establish the benchmark
1391	for the 10-percent goal. If a Florida college or state
1392	university can document that it has implemented energy use
1393	policies or procedures in the 2008-2009 fiscal year or the 2009-
1394	2010 fiscal year that resulted in reduction in energy usage or
1395	costs, those reductions may be counted towards the 10-percent
1396	goal.
1397	(3) Each Florida college and state university shall submit
1398	a report to the Governor, the Speaker of the House of
1399	Representatives, and the President of the Senate by January 1,
1400	2011, describing how they have met or plan to meet the 10-
1401	percent energy consumption reduction goal.
1402	Section 31. (1) The Office of Program Policy Analysis and
1403	Government Accountability shall conduct a review of the public
1404	school adult workforce education programs and the community
1405	college and state college workforce education programs for the
1406	purpose of identifying and analyzing the positive and negative
1407	aspects of merging the school district programs with the
1408	community college and state college programs. Questions
1409	addressed by the review shall include:
1410	(a) What types of workforce education programs are offered
1411	by school districts and Florida College System institutions and
1412	are there differences between the two systems?
1413	(b) What types of students do school districts and Florida
1414	College System institutions serve in their workforce education
1415	programs and are there differences between the two systems?
1416	(c) What are the student outcomes for workforce education
1417	programs offered by school districts and Florida College System
1418	institutions and are there differences between the two systems?
1419	(d) How much does Florida spend on workforce education
1420	programs and what are the funding sources for these programs?
1421	(e) How is workforce education funding allocated to school
1422	districts and Florida College System institutions and how does
1423	this compare to other states?
1424	(f) How do individual school districts and Florida College
1425	System institutions operate their workforce education programs?
1426	(g) What types of instructional settings, facilities,
1427	locations, and faculty do school districts and Florida College
1428	System institutions use to deliver workforce education programs?
1429	(h) How do other states structure their workforce
1430	education programs?
1431	(2) The Office of Program Policy Analysis and Government
1432	Accountability shall submit the results of its review to the
1433	President of the Senate and the Speaker of the House of
1434	Representatives by December 1, 2010.
1435	Section 32. The Office of Program Policy Analysis and
1436	Government Accountability shall conduct a review of
1437	postsecondary educational opportunities for individuals with
1438	developmental disabilities. The review shall include, at a
1439	minimum, the following issues: opportunities for postsecondary
1440	education and vocational training; transitioning from school to
1441	the workforce; best practices for providing such postsecondary
1442	education and training services, including any notable public-
1443	private partnerships; and the feasibility and cost of
1444	establishing a residential vocational institution to provide
1445	postsecondary education and vocational training for individuals
1446	with developmental disabilities. The Office of Program Policy
1447	Analysis and Government Accountability shall submit the findings
1448	of its review to the President of the Senate and the Speaker of
1449	the House of Representatives no later than February 1, 2011.
1450	Section 33. There is appropriated $25,000,000 in
1451	nonrecurring funds from the General Revenue Fund for the 2010-
1452	2011 fiscal year for the Florida Bright Futures Scholarship
1453	Program. The funding is contingent upon Florida being eligible
1454	to receive federal funds, based on the state's Federal Medical
1455	Assistance Percentage (FMAP), in excess of the February 2010
1456	official Social Services Estimating Conference estimate.
1457	Section 34. This act shall take effect July 1, 2010.

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