Bill Text: FL S0072 | 2020 | Regular Session | Enrolled
Bill Title: Higher Education
Spectrum: Bipartisan Bill
Status: (Passed) 2020-06-30 - Chapter No. 2020-117 [S0072 Detail]
Download: Florida-2020-S0072-Enrolled.html
ENROLLED
2020 Legislature CS for SB 72, 1st Engrossed
202072er
1
2 An act relating to higher education; amending s.
3 287.057, F.S.; authorizing state agencies to contract
4 with independent, nonprofit colleges and universities
5 that meet specified requirements; amending s. 1001.03,
6 F.S.; revising requirements for certain new
7 construction, remodeling, or renovation projects;
8 amending s. 1001.7065, F.S.; revising standards for
9 the preeminent state research universities program;
10 requiring such standards to be reported annually in a
11 specified plan; repealing the programs of excellence
12 designation within the State University System;
13 creating the “state universities of distinction”
14 designation within the State University System;
15 requiring the Board of Governors to establish
16 standards and measures for specific state university
17 competencies; providing requirements for such
18 standards and measures; authorizing the Board of
19 Governors to annually submit such programs to the
20 Legislature for funding by a specified date; amending
21 s. 1001.92, F.S.; revising the performance-based
22 metrics for state universities to include specific
23 data; authorizing the Board of Governors to approve
24 other metrics; prohibiting the adjustment of such
25 metrics and benchmarks once specified data has been
26 received; amending s. 1004.085, F.S.; requiring
27 innovative pricing techniques and payment options to
28 include an opt-out provision; amending s. 1004.346,
29 F.S.; removing a limitation on the length of time a
30 Phosphate Research and Activities Board member may
31 serve after expiration of his or her term; creating s.
32 1004.6499, F.S.; creating the Florida Institute of
33 Politics within Florida State University College of
34 Social Sciences and Public Policy; providing the
35 purpose and goals of the institute; creating s.
36 1004.64991, F.S.; creating the Adam Smith Center for
37 the Study of Economic Freedom; providing a purpose and
38 goals of the center; amending s. 1009.50, F.S.;
39 requiring that grants administered through the Florida
40 Public Student Assistance Grant Program not exceed a
41 certain amount; authorizing students who receive an
42 award in the fall or spring term to receive an award
43 in the summer term, subject to the availability of
44 funds; providing for the prioritization of eligible
45 summer awards; prohibiting institutions from
46 dispensing grants to students whose expected family
47 contribution exceeds a certain amount; requiring the
48 formula used to distribute funds for the program to
49 account for changes in the number of eligible students
50 across all student assistance grant programs;
51 requiring institutions to certify the amount of funds
52 disbursed within a specified timeframe; requiring
53 institutions to remit any undisbursed advances within
54 a specified timeframe; providing an exception;
55 requiring institutions that receive moneys through the
56 program to prepare and submit to the department by a
57 specified date a biennial report that includes a
58 financial audit conducted by the Auditor General;
59 authorizing the department to conduct its own annual
60 or biennial audit under certain circumstances;
61 authorizing the department to suspend or revoke an
62 institution’s eligibility or request a refund of
63 moneys overpaid to the institution under certain
64 circumstances; providing a timeframe for such refunds;
65 amending s. 1009.505, F.S.; requiring grants
66 administered through the Florida Public Postsecondary
67 Career Education Student Assistance Grant Program to
68 not exceed a certain amount; authorizing students who
69 receive an award in the fall or spring term to receive
70 an award in the summer term, subject to the
71 availability of funds; providing for the
72 prioritization of eligible summer awards; requiring
73 the formula used to distribute funds for the program
74 to account for changes in the number of eligible
75 students across all student assistance grant programs;
76 requiring institutions to certify the amount of funds
77 disbursed within a specified timeframe; requiring
78 institutions to remit any undisbursed advances within
79 a specified timeframe; providing an exception;
80 requiring institutions that receive moneys through the
81 program to prepare and submit to the department by a
82 specified date a biennial report that includes a
83 financial audit conducted by the Auditor General;
84 authorizing the department to conduct its own annual
85 or biennial audit under certain circumstances;
86 authorizing the department to suspend or revoke an
87 institution’s eligibility or request a refund of
88 moneys overpaid to the institution under certain
89 circumstances; providing a timeframe for such refunds;
90 authorizing funds appropriated for state student
91 assistance grants to be deposited in a specified trust
92 fund; requiring that any balance in the trust fund at
93 the end of any fiscal year which has been allocated to
94 the Florida Public Postsecondary Career Education
95 Student Assistance Grant Program remain in the trust
96 fund, subject to certain statutory exceptions;
97 amending s. 1009.51, F.S.; requiring that grants
98 administered through the Florida Private Student
99 Assistance Grant Program not exceed a certain amount;
100 authorizing students who receive an award in the fall
101 or spring term to receive an award in the summer term,
102 subject to the availability of funds; providing for
103 the prioritization of eligible summer awards;
104 prohibiting institutions from dispensing grants to
105 students whose expected family contribution exceeds a
106 certain amount; requiring the formula used to
107 distribute funds for the program to account for
108 changes in the number of eligible students across all
109 student assistance grant programs; requiring
110 institutions to certify the amount of funds disbursed
111 within a specified timeframe; requiring institutions
112 to remit any undisbursed advances within a specified
113 timeframe; providing an exception; revising a
114 requirement for a biennial report; amending s.
115 1009.52, F.S.; requiring that grants administered
116 through the Florida Postsecondary Student Assistance
117 Grant Program not exceed a certain amount; authorizing
118 students who receive an award in the fall or spring
119 term to receive an award in the summer term, subject
120 to the availability of funds; providing for the
121 prioritization of eligible summer awards; prohibiting
122 institutions from dispensing grants to students whose
123 expected family contribution exceeds a certain amount;
124 requiring the formula used to distribute funds for the
125 program to account for changes in the number of
126 eligible students across all student assistance grant
127 programs; requiring institutions to certify the amount
128 of funds disbursed within a specified timeframe;
129 requiring institutions to remit any undisbursed
130 advances within a specified timeframe; providing an
131 exception; revising a requirement for a biennial
132 report; amending s. 1009.534, F.S.; revising
133 provisions relating to additional funds for textbooks
134 under Florida Academic Scholars award; amending s.
135 1009.535, F.S.; revising the amount of an award
136 certain Florida Medallion Scholars may receive under
137 certain circumstances; amending s. 1009.893, F.S.;
138 revising and specifying eligibility for initial awards
139 under the Benacquisto Scholarship Program; revising
140 requirements for a student to receive a renewal award;
141 providing a timeframe within which students may
142 receive an award; providing an exception to renewal
143 requirements; amending s. 1011.45, F.S.; revising the
144 date by which a university must annually submit a
145 spending plan to the university’s board of trustees
146 for approval; revising the date by which the Board of
147 Governors must annually review and approve such plan;
148 authorizing certain expenditures in a carry forward
149 spending plan to include a commitment of funds to a
150 contingency reserve for certain purposes; amending s.
151 1011.90, F.S.; providing requirements for a specified
152 legislative budget request; requiring the Board of
153 Governors to define specified classifications by
154 regulation and report such definitions in such budget
155 requests; creating s. 1012.977, F.S.; providing for
156 the disclosure of contracts that affect the integrity
157 of state universities or entities; providing
158 definitions; providing penalties for failure to
159 disclose such information; amending s. 1013.841, F.S.;
160 revising the date by which a Florida College System
161 institution must annually submit a spending plan to
162 the institution’s board of trustees for approval;
163 revising the date by which the State Board of
164 Education must annually review and publish such plans;
165 authorizing certain expenditures in a carry forward
166 spending plan to include a commitment of funds to a
167 contingency reserve for certain purposes; providing
168 effective dates.
169
170 Be It Enacted by the Legislature of the State of Florida:
171
172 Section 1. Subsection (21) of section 287.057, Florida
173 Statutes, is amended to read:
174 287.057 Procurement of commodities or contractual
175 services.—
176 (21) An agency may contract for services with any
177 independent, nonprofit college or university which is located
178 within the state on the same basis as it may contract with any
179 state university or college if the independent, nonprofit
180 college or university:
181 (a) and Is accredited by the Southern Association of
182 Colleges and Schools; or, on the same basis as it may contract
183 with any state university and college
184 (b) Is authorized to operate within this state pursuant to
185 chapter 1005, offers a professional degree, and is accredited by
186 the Middle States Commission on Higher Education.
187 Section 2. Paragraph (c) of subsection (18) of section
188 1001.03, Florida Statutes, is amended to read:
189 1001.03 Specific powers of State Board of Education.—
190 (18) PUBLIC EDUCATION CAPITAL OUTLAY.—The State Board of
191 Education shall develop and submit the prioritized list required
192 by s. 1013.64(4). Projects considered for prioritization shall
193 be chosen from a preliminary selection group which shall include
194 the list of projects maintained pursuant to paragraph (d) and
195 the top two priorities of each Florida College System
196 institution.
197 (c) A new construction, remodeling, or renovation project
198 that has not received an appropriation in a previous year shall
199 not be considered for inclusion on the prioritized list required
200 by s. 1013.64(4), unless:
201 1. A plan is provided to reserve funds in an escrow
202 account, specific to the project, into which shall be deposited
203 each year an amount of funds equal to 0.5 percent of the total
204 value of the building for future maintenance;
205 2. There exists are sufficient capacity within the cash and
206 bonding estimate of funds by the Revenue Estimating Conference
207 to accommodate the project excess funds from the allocation
208 provided pursuant to s. 1013.60 within the 3-year Public
209 Education Capital Outlay funding cycle planning period which are
210 not needed to complete the projects listed pursuant to paragraph
211 (d); and
212 3. The project has been recommended pursuant to s. 1013.31.
213 Section 3. Effective upon this act becoming a law,
214 subsections (2), (5), and (7) of section 1001.7065, Florida
215 Statutes, are amended to read:
216 1001.7065 Preeminent state research universities program.—
217 (2) ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—The
218 following academic and research excellence standards are
219 established for the preeminent state research universities
220 program and shall be reported annually in the Board of Governors
221 Accountability Plan:
222 (a) An average weighted grade point average of 4.0 or
223 higher on a 4.0 scale and an average SAT score of 1800 or higher
224 on a 2400-point scale or 1200 or higher on a 1600-point scale or
225 an average ACT score of 25 or higher on a 36 score scale, using
226 the latest published national concordance table developed
227 jointly by the College Board and ACT, Inc., for fall semester
228 incoming freshmen, as reported annually.
229 (b) A top-50 ranking on at least two well-known and highly
230 respected national public university rankings, including, but
231 not limited to, the U.S. News and World Report rankings,
232 reflecting national preeminence, using most recent rankings.
233 (c) A freshman retention rate of 90 percent or higher for
234 full-time, first-time-in-college students, as reported annually
235 to the Integrated Postsecondary Education Data System (IPEDS).
236 (d) A 4-year graduation rate of 60 percent or higher for
237 full-time, first-time-in-college students, as reported annually
238 to the IPEDS. However, for the 2018 determination of a state
239 university’s preeminence designation and the related
240 distribution of the 2018-2019 fiscal year appropriation
241 associated with preeminence and emerging preeminence, a
242 university is considered to have satisfied this graduation rate
243 measure by attaining a 6-year graduation rate of 70 percent or
244 higher by October 1, 2017, for full-time, first-time-in-college
245 students, as reported to the IPEDS and confirmed by the Board of
246 Governors.
247 (e) Six or more faculty members at the state university who
248 are members of a national academy, as reported by the Center for
249 Measuring University Performance in the Top American Research
250 Universities (TARU) annual report or the official membership
251 directories maintained by each national academy.
252 (f) Total annual research expenditures, including federal
253 research expenditures, of $200 million or more, as reported
254 annually by the National Science Foundation (NSF).
255 (g) Total annual research expenditures in diversified
256 nonmedical sciences of $150 million or more, based on data
257 reported annually by the NSF.
258 (h) A top-100 university national ranking for research
259 expenditures in five or more science, technology, engineering,
260 or mathematics fields of study, as reported annually by the NSF.
261 (i) One hundred or more total patents awarded by the United
262 States Patent and Trademark Office for the most recent 3-year
263 period.
264 (j) Four hundred or more doctoral degrees awarded annually,
265 including professional doctoral degrees awarded in medical and
266 health care disciplines, as reported in the Board of Governors
267 Annual Accountability Report.
268 (k) Two hundred or more postdoctoral appointees annually,
269 as reported in the TARU annual report.
270 (l) An endowment of $500 million or more, as reported in
271 the Board of Governors Annual Accountability Report.
272 (5) PREEMINENT STATE RESEARCH UNIVERSITIES PROGRAM
273 SUPPORT.—
274 (a) A state university that is designated as a preeminent
275 state research university shall submit to the Board of Governors
276 a 5-year benchmark plan with target rankings on key performance
277 metrics for national excellence. Upon approval by the Board of
278 Governors, and upon the university’s meeting the benchmark plan
279 goals annually, the Board of Governors shall award the
280 university its proportionate share of any funds provided
281 annually to support the program created under this section.
282 (b) A state university designated as an emerging preeminent
283 state research university shall submit to the Board of Governors
284 a 5-year benchmark plan with target rankings on key performance
285 metrics for national excellence. Upon approval by the Board of
286 Governors, and upon the university’s meeting the benchmark plan
287 goals annually, the Board of Governors shall award the
288 university its proportionate share of any funds provided
289 annually to support the program created under this section.
290 (c) The award of funds under this subsection is contingent
291 upon funding provided by the Legislature to support the
292 preeminent state research universities program created under
293 this section. Funding increases appropriated beyond the amounts
294 funded in the previous fiscal year shall be distributed to as
295 follows:
296 1. each designated preeminent state research university
297 that meets the criteria in paragraph (a). Each designated
298 preeminent state research university shall receive an equal
299 amount of funding.
300 2. Each designated emerging preeminent state research
301 university that meets the criteria in paragraph (b) shall,
302 beginning in the 2018-2019 fiscal year, receive an amount of
303 funding that is equal to one-fourth of the total increased
304 amount awarded to each designated preeminent state research
305 university.
306 (7) STATE UNIVERSITIES PROGRAMS OF DISTINCTION EXCELLENCE
307 THROUGHOUT THE STATE UNIVERSITY SYSTEM.—The Board of Governors
308 shall establish standards and measures whereby state
309 universities that focus on one core competency unique to the
310 State University System that achieves excellence at the national
311 or state level, meets state workforce needs, and fosters an
312 innovation economy that focuses on areas such as health care,
313 security, transportation, and science, technology, engineering,
314 and mathematics (STEM), including supply chain management,
315 individual undergraduate, graduate, and professional degree
316 programs in state universities which objectively reflect
317 national excellence can be identified. The Board of Governors
318 may annually submit such programs, excluding those from
319 preeminent state research universities, and make recommendations
320 to the Legislature by January September 1 for funding, 2018, as
321 to how any such programs could be enhanced and promoted.
322 Section 4. Subsection (1) of section 1001.92, Florida
323 Statutes, is amended to read:
324 1001.92 State University System Performance-Based
325 Incentive.—
326 (1) A State University System Performance-Based Incentive
327 shall be awarded to state universities using performance-based
328 metrics adopted by the Board of Governors of the State
329 University System. Beginning with the Board of Governors’
330 determination of each university’s performance improvement and
331 achievement ratings for 2018, and the related distribution of
332 annual the 2018-2019 fiscal year appropriation, the performance
333 based metrics must include:
334 (a) The 4-year graduation rate for first-time-in-college
335 students;
336 (b) Beginning in fiscal year 2021-2022, the 2-year
337 graduation rate for associate in arts transfer students rates;
338 (c) Retention rates;
339 (d) Postgraduation education rates;
340 (e) Degree production;
341 (f) Affordability;
342 (g) Postgraduation employment and salaries, including wage
343 thresholds that reflect the added value of a baccalaureate
344 degree;
345 (h) Access rate, based on the percentage of undergraduate
346 students enrolled during the fall term who received a Pell Grant
347 during the fall term; and
348 (i) Beginning in fiscal year 2021-2022, the 6-year
349 graduation rate for students who are awarded a Pell Grant in
350 their first year.
351
352 The Board of Governors may approve and other metrics approved by
353 the board in a publicly formally noticed meeting. The board
354 shall adopt benchmarks to evaluate each state university’s
355 performance on the metrics to measure the state university’s
356 achievement of institutional excellence or need for improvement
357 and minimum requirements for eligibility to receive performance
358 funding. Benchmarks and metrics may not be adjusted after
359 university performance data has been received by the Board of
360 Governors Access rate benchmarks must be differentiated and
361 scored to reflect the varying access rate levels among the state
362 universities; however, the scoring system may not include bonus
363 points.
364 Section 5. Subsection (4) of section 1004.085, Florida
365 Statutes, is amended to read:
366 1004.085 Textbook and instructional materials
367 affordability.—
368 (4) Each Florida College System institution and state
369 university board of trustees is authorized to adopt policies in
370 consultation with providers, including bookstores, which allow
371 for the use of innovative pricing techniques and payment options
372 for textbooks and instructional materials. Such policies may
373 include bulk pricing arrangements that enable students to
374 purchase course materials or texts that are delivered digitally;
375 delivered through other technologies that are, or the licenses
376 of which are, required for use within a course; or delivered in
377 a print format. Innovative pricing techniques and payment
378 options must include an opt-in or opt-out provision for students
379 and may be approved only if there is documented evidence that
380 the options reduce the cost of textbooks and instructional
381 materials for students taking a course.
382 Section 6. Effective upon this act becoming a law,
383 paragraph (c) of subsection (2) of section 1004.346, Florida
384 Statutes, is amended to read:
385 1004.346 Florida Industrial and Phosphate Research
386 Institute.—
387 (2) PHOSPHATE RESEARCH AND ACTIVITIES BOARD.—The Phosphate
388 Research and Activities Board is created to monitor the
389 expenditure of funds appropriated to the university from the
390 Phosphate Research Trust Fund.
391 (c) Members of the board appointed by the Governor shall be
392 appointed to 3-year terms. A board member may continue to serve
393 until a successor is appointed, but not more than 180 days after
394 the expiration of his or her term. A board member is eligible
395 for reappointment to subsequent terms.
396 Section 7. Section 1004.6499, Florida Statutes, is created
397 to read:
398 1004.6499 Florida Institute of Politics.—
399 (1) The Florida Institute of Politics is established at the
400 Florida State University within the College of Social Sciences
401 and Public Policy. The purpose of the institute is to provide
402 the southeastern region of the United States with a world class,
403 bipartisan, nationally renowned institute of politics.
404 (2) The goals of the institute are to:
405 (a) Motivate students throughout the Florida State
406 University to become aware of the significance of government and
407 civic engagement at all levels and politics in general.
408 (b) Provide students with an opportunity to be politically
409 active and civically engaged.
410 (c) Nurture a greater awareness and passion for public
411 service and politics.
412 (d) Plan and host forums to allow students and guests to
413 hear from and interact with experts from government, politics,
414 policy, and journalism on a frequent basis.
415 (e) Become a national and state resource on polling
416 information and survey methodology.
417 (f) Provide fellowships and internship opportunities to
418 students in government, nonprofit organizations, and community
419 organizations.
420 (g) Provide training sessions for newly elected state and
421 local public officials.
422 (h) Organize and sponsor conferences, symposia, and
423 workshops throughout this state to educate and inform citizens,
424 elected officials, and appointed policymakers regarding
425 effective policymaking techniques and processes.
426 (i) Create and promote research and awareness regarding
427 politics, citizen involvement, and public service.
428 (j) Collaborate with related policy institutes and research
429 activities at the Florida State University and other
430 institutions of higher education to motivate, increase, and
431 sustain citizen involvement in public affairs.
432 Section 8. Section 1004.64991, Florida Statutes, is created
433 to read:
434 1004.64991 The Adam Smith Center for the Study of Economic
435 Freedom.—
436 (1) The Adam Smith Center for the Study of Economic Freedom
437 at Florida International University, is hereby created.
438 (2) The goals of the center are to:
439 (a) Study the effect of government and free-market
440 economies on individual freedom and human prosperity.
441 (b) Conduct and promote research on the effect of political
442 and economic systems on human prosperity.
443 (c) Plan and host research workshops and conferences to
444 allow, students, scholars, and guests to exchange in civil
445 discussion of democracy and capitalism.
446 (d) Provide fellowship and mentoring opportunities to
447 students engaged in scholarly studies of the effect of political
448 and economic systems on human prosperity.
449 Section 9. Section 1009.50, Florida Statutes, is amended to
450 read:
451 1009.50 Florida Public Student Assistance Grant Program;
452 eligibility for grants.—
453 (1) There is hereby created a Florida Public Student
454 Assistance Grant Program. The program shall be administered by
455 the participating institutions in accordance with rules of the
456 state board.
457 (2)(a) State student assistance grants through the program
458 may be made only to degree-seeking students who enroll in at
459 least 6 semester hours, or the equivalent per term, and who meet
460 the general requirements for student eligibility as provided in
461 s. 1009.40, except as otherwise provided in this section. The
462 grants shall be awarded annually for the amount of demonstrated
463 unmet need for the cost of education and may not exceed the
464 maximum annual award an amount equal to the average prior
465 academic year cost of tuition fees and other registration fees
466 for 30 credit hours at state universities or such other amount
467 as specified in the General Appropriations Act, to any
468 recipient. A demonstrated unmet need of less than $200 shall
469 render the applicant ineligible for a state student assistance
470 grant. Recipients of the grants must have been accepted at a
471 state university or Florida College System institution
472 authorized by Florida law. If funds are available, a student who
473 received an award in the fall or spring term may receive an
474 award in the summer term. Priority in the distribution of summer
475 awards shall be given to students who are within one semester of
476 completing a degree program and students who have not yet earned
477 at least 9 semester hours by attendance at one or more summer
478 sessions. A student is eligible for the award for 110 percent of
479 the number of credit hours required to complete the program in
480 which enrolled, except as otherwise provided in s. 1009.40(3).
481 (b) A student applying for a Florida public student
482 assistance grant shall be required to apply for the Pell Grant.
483 The Pell Grant entitlement shall be considered when conducting
484 an assessment of the financial resources available to each
485 student.
486 (c) Priority in the distribution of grant moneys may be
487 given to students who are within one semester of completing a
488 degree program. shall be given to students with the lowest total
489 family resources, in accordance with a nationally recognized
490 system of need analysis. Using the system of need analysis, the
491 department shall establish a maximum expected family
492 contribution. An institution may not make a grant from this
493 program to a student whose expected family contribution exceeds
494 one and one-half times the maximum Pell Grant-eligible family
495 contribution level established by the department. An institution
496 may not impose additional criteria to determine a student’s
497 eligibility to receive a grant award.
498 (d) Each participating institution shall report, to the
499 department by the established date, the eligible students
500 eligible for the program for to whom grant moneys are disbursed
501 each academic term. Each institution shall also report to the
502 department necessary demographic and eligibility data for such
503 students.
504 (3) Based on the unmet financial need of an eligible
505 applicant, the amount of a Florida public student assistance
506 grant must be between $200 and the weighted average of the cost
507 of tuition and other registration fees for 30 credit hours at
508 state universities per academic year or the amount specified in
509 the General Appropriations Act.
510 (4)(a) The funds appropriated for the Florida Public
511 Student Assistance Grant shall be distributed to eligible
512 institutions in accordance with a formula approved by the State
513 Board of Education. The formula must shall consider at least the
514 prior year’s distribution of funds, the number of full-time
515 eligible applicants who did not receive awards, the
516 standardization of the expected family contribution, and
517 provisions for unused funds. The formula must account for
518 changes in the number of eligible students across all student
519 assistance grant programs established pursuant to this section
520 and ss. 1009.505, 1009.51, and 1009.52.
521 (b) Payment of Florida public student assistance grants
522 shall be transmitted to the president of the state university or
523 Florida College System institution, or to his or her
524 representative, in advance of the registration period.
525 Institutions shall notify students of the amount of their
526 awards.
527 (c) The eligibility status of each student to receive a
528 disbursement shall be determined by each institution as of the
529 end of its regular registration period, inclusive of a drop-add
530 period. Institutions shall not be required to reevaluate a
531 student’s eligibility status after this date for purposes of
532 changing eligibility determinations previously made.
533 (d) Institutions shall certify to the department within 30
534 days after the end of regular registration each term the amount
535 of funds disbursed to each student and shall remit to the
536 department any undisbursed advances within 60 days after the end
537 of regular registration each spring term. An exception to the
538 remittance deadline may be granted if the institution documents
539 to the department how it plans to disburse awards to students
540 for the subsequent summer term. An institution that uses funds
541 for the summer term shall certify to the department the amount
542 of funds disbursed to each student and shall remit to the
543 department any undisbursed advances within 30 days after the end
544 of the summer term.
545 (e) Each institution that receives moneys through the
546 Florida Public Student Assistance Grant Program shall prepare a
547 biennial report that includes a financial audit, conducted by
548 the Auditor General, of the institution’s administration of the
549 program and a complete accounting of moneys allocated to the
550 institution for the program. Such report shall be submitted to
551 the department by March 1 every other year. The department may
552 conduct its own annual or biennial audit of an institution’s
553 administration of the program and its allocated funds in lieu of
554 the required biennial report and financial audit report. The
555 department may suspend or revoke an institution’s eligibility to
556 receive future moneys for the program or may request a refund of
557 any moneys overpaid to the institution for the program if the
558 department finds that an institution has not complied with this
559 section. Any refund requested pursuant to this paragraph shall
560 be remitted within 60 days after notification by the department
561 any advances by June 1 of each year.
562 (5) Funds appropriated by the Legislature for state student
563 assistance grants may be deposited in the State Student
564 Financial Assistance Trust Fund. Notwithstanding the provisions
565 of s. 216.301 and pursuant to s. 216.351, any balance in the
566 trust fund at the end of any fiscal year which has been
567 allocated to the Florida Public Student Assistance Grant Program
568 shall remain therein and shall be available for carrying out the
569 purposes of this section.
570 (6) The State Board of Education shall establish rules
571 necessary to implement this section.
572 Section 10. Subsections (5) and (6) of section 1009.505,
573 Florida Statutes, are renumbered as subsections (6) and (7),
574 respectively, a new subsection (5) is added to that section, and
575 subsections (3) and (4) of that section are amended, to read:
576 1009.505 Florida Public Postsecondary Career Education
577 Student Assistance Grant Program.—
578 (3)(a) Student assistance grants through the program may be
579 made only to certificate-seeking students enrolled at least
580 half-time in a public postsecondary career certificate program
581 who meet the general requirements for student eligibility as
582 provided in s. 1009.40, except as otherwise provided in this
583 section. The grants shall be awarded annually to any recipient
584 for the amount of demonstrated unmet need for the cost of
585 education and may not exceed the average annual cost of tuition
586 and registration fees or such other amount as specified in the
587 General Appropriations Act. Priority in the distribution of
588 grant moneys may be given to students who are within one
589 semester of completing a certificate program. A demonstrated
590 unmet need of less than $200 shall render the applicant
591 ineligible for a grant under this section. Recipients of the
592 grants must have been accepted at a Florida College System
593 institution authorized by Florida law or a career center
594 operated by a district school board under s. 1001.44. If funds
595 are available, a student who received an award in the fall or
596 spring term may receive an award in the summer term. Priority in
597 the distribution of summer awards shall be given to students who
598 are within one term of completing a certificate program. A
599 student is eligible for the award for 110 percent of the number
600 of clock hours required to complete the program in which
601 enrolled.
602 (b) A student applying for a Florida public postsecondary
603 career education student assistance grant shall be required to
604 apply for the Pell Grant. A Pell Grant entitlement shall be
605 considered when conducting an assessment of the financial
606 resources available to each student; however, a Pell Grant
607 entitlement shall not be required as a condition of receiving a
608 grant under this section.
609 (c) Each participating institution shall report, to the
610 department by the established date, the eligible students
611 eligible for the program for to whom grant moneys are disbursed
612 each academic term. Each institution shall also report to the
613 department necessary demographic and eligibility data for such
614 students.
615 (4)(a) The funds appropriated for the Florida Public
616 Postsecondary Career Education Student Assistance Grant Program
617 shall be distributed to eligible Florida College System
618 institutions and district school boards in accordance with a
619 formula approved by the department. The formula must account for
620 changes in the number of eligible students across all student
621 assistance grant programs established pursuant to this section
622 and ss. 1009.50, 1009.51, and 1009.52.
623 (b) Payment of Florida public postsecondary career
624 education student assistance grants shall be transmitted to the
625 president of the Florida College System institution or to the
626 district school superintendent, or to the designee thereof, in
627 advance of the registration period. Institutions shall notify
628 students of the amount of their awards.
629 (c) The eligibility status of each student to receive a
630 disbursement shall be determined by each institution as of the
631 end of its regular registration period, inclusive of a drop-add
632 period. Institutions shall not be required to reevaluate a
633 student’s eligibility status after this date for purposes of
634 changing eligibility determinations previously made.
635 (d) Participating institutions shall certify to the
636 department within 30 days after the end of regular registration
637 each term the amount of funds disbursed to each student and
638 shall remit to the department any undisbursed advances within 60
639 days after the end of regular registration each spring term. An
640 exception to the remittance deadline may be granted if the
641 institution documents to the department how it plans to disburse
642 awards to students for the subsequent summer term. An
643 institution that uses funds for the summer term shall certify to
644 the department the amount of funds disbursed to each student and
645 shall remit to the department any undisbursed advances within 30
646 days after the end of the summer term.
647 (e) Each institution that receives moneys through the
648 Florida Public Postsecondary Career Education Student Assistance
649 Grant Program shall prepare a biennial report that includes a
650 financial audit, conducted by the Auditor General, of the
651 institution’s administration of the program and a complete
652 accounting of moneys allocated to the institution for the
653 program. Such report shall be submitted to the department by
654 March 1 every other year. The department may conduct its own
655 annual or biennial audit of an institution’s administration of
656 the program and its allocated funds in lieu of the required
657 biennial report and financial audit report. The department may
658 suspend or revoke an institution’s eligibility to receive future
659 moneys for the program or may request a refund of any moneys
660 overpaid to the institution if the department finds that an
661 institution has not complied with this section. Any refund
662 requested pursuant to this paragraph shall be remitted within 60
663 days after notification by the department.
664 (5) Funds appropriated by the Legislature for state student
665 assistance grants may be deposited in the State Student
666 Financial Assistance Trust Fund. Notwithstanding s. 216.301 and
667 pursuant to s. 216.351, any balance in the trust fund at the end
668 of any fiscal year which has been allocated to the Florida
669 Public Postsecondary Career Education Student Assistance Grant
670 Program shall remain therein and shall be available for carrying
671 out the purposes of this section by June 1 of each year.
672 Section 11. Section 1009.51, Florida Statutes, is amended
673 to read:
674 1009.51 Florida Private Student Assistance Grant Program;
675 eligibility for grants.—
676 (1) There is created a Florida Private Student Assistance
677 Grant Program. The program shall be administered by the
678 participating institutions in accordance with rules of the State
679 Board of Education.
680 (2)(a) Florida private student assistance grants from the
681 State Student Financial Assistance Trust Fund may be made only
682 to full-time degree-seeking students who meet the general
683 requirements for student eligibility as provided in s. 1009.40,
684 except as otherwise provided in this section. Such grants shall
685 be awarded for the amount of demonstrated unmet need for tuition
686 and fees and may not exceed the maximum annual award an amount
687 equal to the average tuition and other registration fees for 30
688 credit hours at state universities plus $1,000 per academic
689 year, or as specified in the General Appropriations Act, to any
690 applicant. A demonstrated unmet need of less than $200 shall
691 render the applicant ineligible for a Florida private student
692 assistance grant. Recipients of such grants must have been
693 accepted at a baccalaureate-degree-granting independent
694 nonprofit college or university, which is accredited by the
695 Commission on Colleges of the Southern Association of Colleges
696 and Schools and which is located in and chartered as a domestic
697 corporation by the state. If funds are available, a student who
698 received an award in the fall or spring term may receive an
699 award in the summer term. Priority in the distribution of summer
700 awards shall be given to students who are within one semester of
701 completing a degree or certificate program. No student may
702 receive an award for more than the equivalent of 9 semesters or
703 14 quarters of full-time enrollment, except as otherwise
704 provided in s. 1009.40(3).
705 (b) A student applying for a Florida private student
706 assistance grant shall be required to apply for the Pell Grant.
707 The Pell Grant entitlement shall be considered when conducting
708 an assessment of the financial resources available to each
709 student.
710 (c) Priority in the distribution of grant moneys may be
711 given to students who are within one semester of completing a
712 degree or certificate program shall be given to students with
713 the lowest total family resources, in accordance with a
714 nationally recognized system of need analysis. Using the system
715 of need analysis, the department shall establish a maximum
716 expected family contribution. An institution may not make a
717 grant from this program to a student whose expected family
718 contribution exceeds one and one-half times the maximum Pell
719 Grant-eligible family contribution the level established by the
720 department. An institution may not impose additional criteria to
721 determine a student’s eligibility to receive a grant award.
722 (d) Each participating institution shall report, to the
723 department by the established date, the eligible students
724 eligible for the program for to whom grant moneys are disbursed
725 each academic term. Each institution shall also report to the
726 department necessary demographic and eligibility data for such
727 students.
728 (3) Based on the unmet financial need of an eligible
729 applicant, the amount of a Florida private student assistance
730 grant must be between $200 and the average cost of tuition and
731 other registration fees for 30 credit hours at state
732 universities plus $1,000 per academic year or the amount
733 specified in the General Appropriations Act.
734 (4)(a) The funds appropriated for the Florida Private
735 Student Assistance Grant shall be distributed to eligible
736 institutions in accordance with a formula approved by the State
737 Board of Education. The formula must shall consider at least the
738 prior year’s distribution of funds, the number of full-time
739 eligible applicants who did not receive awards, the
740 standardization of the expected family contribution, and
741 provisions for unused funds. The formula must account for
742 changes in the number of eligible students across all student
743 assistance grant programs established pursuant to this section
744 and ss. 1009.50, 1009.505, and 1009.52.
745 (b) Payment of Florida private student assistance grants
746 shall be transmitted to the president of the college or
747 university, or to his or her representative, in advance of the
748 registration period. Institutions shall notify students of the
749 amount of their awards.
750 (c) The eligibility status of each student to receive a
751 disbursement shall be determined by each institution as of the
752 end of its regular registration period, inclusive of a drop-add
753 period. Institutions shall not be required to reevaluate a
754 student’s eligibility status after this date for purposes of
755 changing eligibility determinations previously made.
756 (d) Institutions shall certify to the department within 30
757 days after the end of regular registration each term the amount
758 of funds disbursed to each student and shall remit to the
759 department any undisbursed advances within 60 days after the end
760 of regular registration each spring term. An exception to the
761 remittance deadline may be granted if the institution documents
762 to the department how it plans to disburse awards to students
763 for the subsequent summer term. An institution that uses funds
764 for the summer term shall certify to the department the amount
765 of funds disbursed to each student and shall remit to the
766 department any undisbursed advances within 30 days after the end
767 of the summer term by June 1 of each year.
768 (e) Each institution that receives moneys through the
769 Florida Private Student Assistance Grant Program shall prepare a
770 biennial report that includes a financial audit, conducted by an
771 independent certified public accountant, of the institution’s
772 administration of the program and a complete accounting of
773 moneys in the State Student Financial Assistance Trust Fund
774 allocated to the institution for the program. Such report shall
775 be submitted to the department by March 1 every other year. The
776 department may conduct its own annual or biennial audit of an
777 institution’s administration of the program and its allocated
778 funds in lieu of the required biennial report and financial
779 audit report. The department may suspend or revoke an
780 institution’s eligibility to receive future moneys from the
781 trust fund for the program or request a refund of any moneys
782 overpaid to the institution through the trust fund for the
783 program if the department finds that an institution has not
784 complied with the provisions of this section. Any refund
785 requested pursuant to this paragraph shall be remitted within 60
786 days after notification by the department.
787 (5) Funds appropriated by the Legislature for Florida
788 private student assistance grants may be deposited in the State
789 Student Financial Assistance Trust Fund. Notwithstanding the
790 provisions of s. 216.301 and pursuant to s. 216.351, any balance
791 in the trust fund at the end of any fiscal year which has been
792 allocated to the Florida Private Student Assistance Grant
793 Program shall remain therein and shall be available for carrying
794 out the purposes of this section and as otherwise provided by
795 law.
796 (6) The State Board of Education shall adopt rules
797 necessary to implement this section.
798 Section 12. Section 1009.52, Florida Statutes, is amended
799 to read:
800 1009.52 Florida Postsecondary Student Assistance Grant
801 Program; eligibility for grants.—
802 (1) There is created a Florida Postsecondary Student
803 Assistance Grant Program. The program shall be administered by
804 the participating institutions in accordance with rules of the
805 State Board of Education.
806 (2)(a) Florida postsecondary student assistance grants
807 through the State Student Financial Assistance Trust Fund may be
808 made only to full-time degree-seeking students who meet the
809 general requirements for student eligibility as provided in s.
810 1009.40, except as otherwise provided in this section. Such
811 grants shall be awarded for the amount of demonstrated unmet
812 need for tuition and fees and may not exceed the maximum annual
813 award an amount equal to the average prior academic year cost of
814 tuition and other registration fees for 30 credit hours at state
815 universities plus $1,000 per academic year, or as specified in
816 the General Appropriations Act, to any applicant. A demonstrated
817 unmet need of less than $200 shall render the applicant
818 ineligible for a Florida postsecondary student assistance grant.
819 Recipients of such grants must have been accepted at a
820 postsecondary institution that is located in this the state and
821 that is:
822 1. A private nursing diploma school approved by the Florida
823 Board of Nursing; or
824 2. A college or university licensed by the Commission for
825 Independent Education, excluding those institutions the students
826 of which are eligible to receive a Florida private student
827 assistance grant pursuant to s. 1009.51.
828
829 If funds are available, a student who received an award in the
830 fall or spring term may receive an award in the summer term.
831 Priority in the distribution of summer awards shall be given to
832 students who are within one semester of completing a degree or
833 certificate program. No student may receive an award for more
834 than the equivalent of 9 semesters or 14 quarters of full-time
835 enrollment, except as otherwise provided in s. 1009.40(3).
836 (b) A student applying for a Florida postsecondary student
837 assistance grant shall be required to apply for the Pell Grant.
838 The Pell Grant entitlement shall be considered when conducting
839 an assessment of the financial resources available to each
840 student.
841 (c) Priority in the distribution of grant moneys may be
842 given to students who are within one semester of completing a
843 degree or certificate program shall be given to students with
844 the lowest total family resources, in accordance with a
845 nationally recognized system of need analysis. Using the system
846 of need analysis, the department shall establish a maximum
847 expected family contribution. An institution may not make a
848 grant from this program to a student whose expected family
849 contribution exceeds one and one-half times the maximum Pell
850 Grant-eligible family contribution the level established by the
851 department. An institution may not impose additional criteria to
852 determine a student’s eligibility to receive a grant award.
853 (d) Each participating institution shall report, to the
854 department by the established date, the eligible students
855 eligible for the program for to whom grant moneys are disbursed
856 each academic term. Each institution shall also report to the
857 department necessary demographic and eligibility data for such
858 students.
859 (3) Based on the unmet financial need of an eligible
860 applicant, the amount of a Florida postsecondary student
861 assistance grant must be between $200 and the average cost of
862 tuition and other registration fees for 30 credit hours at state
863 universities plus $1,000 per academic year or the amount
864 specified in the General Appropriations Act.
865 (4)(a) The funds appropriated for the Florida Postsecondary
866 Student Assistance Grant shall be distributed to eligible
867 institutions in accordance with a formula approved by the State
868 Board of Education. The formula must shall consider at least the
869 prior year’s distribution of funds, the number of full-time
870 eligible applicants who did not receive awards, the
871 standardization of the expected family contribution, and
872 provisions for unused funds. The formula must account for
873 changes in the number of eligible students across all student
874 assistance grant programs established pursuant to this section
875 and ss. 1009.50, 1009.505, and 1009.51.
876 (b) Payment of Florida postsecondary student assistance
877 grants shall be transmitted to the president of the eligible
878 institution, or to his or her representative, in advance of the
879 registration period. Institutions shall notify students of the
880 amount of their awards.
881 (c) The eligibility status of each student to receive a
882 disbursement shall be determined by each institution as of the
883 end of its regular registration period, inclusive of a drop-add
884 period. Institutions shall not be required to reevaluate a
885 student’s eligibility status after this date for purposes of
886 changing eligibility determinations previously made.
887 (d) Institutions shall certify to the department within 30
888 days after the end of regular registration each term the amount
889 of funds disbursed to each student and shall remit to the
890 department any undisbursed advances within 60 days after the end
891 of regular registration each spring term. An exception to the
892 remittance deadline may be granted if the institution documents
893 to the department how it plans to disburse awards to students
894 for the subsequent summer term. An institution that uses funds
895 for the summer term shall certify to the department the amount
896 of funds disbursed to each student and shall remit to the
897 department any undisbursed advances within 30 days after the end
898 of the summer term by June 1 of each year.
899 (e) Each institution that receives moneys through the
900 Florida Postsecondary Student Assistance Grant Program shall
901 prepare a biennial report that includes a financial audit,
902 conducted by an independent certified public accountant, of the
903 institution’s administration of the program and a complete
904 accounting of moneys in the State Student Financial Assistance
905 Trust Fund allocated to the institution for the program. Such
906 report shall be submitted to the department by March 1 every
907 other year. The department may conduct its own annual or
908 biennial audit of an institution’s administration of the program
909 and its allocated funds in lieu of the required biennial report
910 and financial audit report. The department may suspend or revoke
911 an institution’s eligibility to receive future moneys from the
912 trust fund for the program or request a refund of any moneys
913 overpaid to the institution through the trust fund for the
914 program if the department finds that an institution has not
915 complied with the provisions of this section. Any refund
916 requested pursuant to this paragraph shall be remitted within 60
917 days after notification by the department.
918 (5) Any institution that was eligible to receive state
919 student assistance grants on January 1, 1989, and that is not
920 eligible to receive grants pursuant to s. 1009.51 is eligible to
921 receive grants pursuant to this section.
922 (6) Funds appropriated by the Legislature for Florida
923 postsecondary student assistance grants may be deposited in the
924 State Student Financial Assistance Trust Fund. Notwithstanding
925 the provisions of s. 216.301 and pursuant to s. 216.351, any
926 balance in the trust fund at the end of any fiscal year which
927 has been allocated to the Florida Postsecondary Student
928 Assistance Grant Program shall remain therein and shall be
929 available for carrying out the purposes of this section and as
930 otherwise provided by law.
931 (7) The State Board of Education shall adopt rules
932 necessary to implement this section.
933 Section 13. Subsection (2) of section 1009.534, Florida
934 Statutes, is amended to read:
935 1009.534 Florida Academic Scholars award.—
936 (2) A Florida Academic Scholar who is enrolled in a
937 certificate, diploma, associate, or baccalaureate degree program
938 at a public or nonpublic postsecondary education institution is
939 eligible, beginning in the 2017-2018 academic year, for an award
940 equal to the amount necessary to pay 100 percent of tuition and
941 fees established under ss. 1009.22(3), (5), (6), and (7);
942 1009.23(3), (4), (7), (8), (10), and (11); and 1009.24(4), (7)
943 (13), (14)(r), and (16), as applicable, and is eligible for an
944 additional stipend $300 each fall and spring academic semester
945 or the equivalent for textbooks, to assist with the payment of
946 educational expenses as funds are specifically appropriated in
947 the General Appropriations Act.
948 Section 14. Subsection (2) of section 1009.535, Florida
949 Statutes, is amended to read:
950 1009.535 Florida Medallion Scholars award.—
951 (2) A Florida Medallion Scholar who is enrolled in a
952 certificate, diploma, associate, or baccalaureate degree program
953 at a public or nonpublic postsecondary education institution is
954 eligible, beginning in the fall 2018 semester, for an award
955 equal to the amount necessary to pay 75 percent of tuition and
956 fees established under ss. 1009.22(3), (5), (6), and (7);
957 1009.23(3), (4), (7), (8), (10), and (11); and 1009.24(4), (7)
958 (13), (14)(r), and (16), as applicable, to assist with the
959 payment of educational expenses. Beginning in the fall 2021
960 semester, a Florida Medallion Scholar who is enrolled in an
961 associate degree program at a Florida College System institution
962 is eligible for an award equal to the amount necessary to pay
963 100 percent of tuition and fees established under s. 1009.23(3),
964 (4), (7), (8), (10), and (11) to assist with the payment of
965 educational expenses.
966 Section 15. Subsections (2), (4), (5), and (6) of section
967 1009.893, Florida Statutes, are amended to read:
968 1009.893 Benacquisto Scholarship Program.—
969 (2) The Benacquisto Scholarship Program is created to
970 reward a high school graduate who receives recognition as a
971 National Merit Scholar or National Achievement Scholar and who
972 initially enrolls in the 2014-2015 academic year or, later, in a
973 baccalaureate degree program at an eligible Florida public or
974 independent postsecondary educational institution.
975 (4) In order to be eligible for an initial award under the
976 scholarship program, a student must meet the requirements of
977 paragraph (a) or paragraph (b).
978 (a) A student who is a resident of this state, as
979 determined in s. 1009.40 and rules of the State Board of
980 Education, must:
981 1. Earn a standard Florida high school diploma or its
982 equivalent pursuant to s. 1002.3105, s. 1003.4281, s. 1003.4282,
983 or s. 1003.435 unless:
984 a. The student completes a home education program according
985 to s. 1002.41; or
986 b. The student earns a high school diploma from a non
987 Florida school while living with a parent who is on military or
988 public service assignment out of this state;
989 2. Be accepted by and enroll in a Florida public or
990 independent postsecondary educational institution that is
991 regionally accredited; and
992 3. Be enrolled full-time in a baccalaureate degree program
993 at an eligible regionally accredited Florida public or
994 independent postsecondary educational institution during the
995 fall academic term following high school graduation.
996 (b) A student who initially enrolls in a baccalaureate
997 degree program in the 2018-2019 academic year or later and who
998 is not a resident of this state, as determined in s. 1009.40 and
999 rules of the State Board of Education, must:
1000 1. Physically reside in this state on or near the campus of
1001 the postsecondary educational institution in which the student
1002 is enrolled;
1003 2. Earn a high school diploma from a school outside Florida
1004 which is comparable to a standard Florida high school diploma or
1005 its equivalent pursuant to s. 1002.3105, s. 1003.4281, s.
1006 1003.4282, or s. 1003.435 or must complete a home education
1007 program in another state; and
1008 3. Be accepted by and enrolled full-time in a baccalaureate
1009 degree program at an eligible regionally accredited Florida
1010 public or independent postsecondary educational institution
1011 during the fall academic term following high school graduation.
1012 (5)(a)1. An eligible student who meets the requirements of
1013 paragraph (4)(a), who is a National Merit Scholar or National
1014 Achievement Scholar, and who attends a Florida public
1015 postsecondary educational institution shall receive a
1016 scholarship award equal to the institutional cost of attendance
1017 minus the sum of the student’s Florida Bright Futures
1018 Scholarship and National Merit Scholarship or National
1019 Achievement Scholarship.
1020 2. An eligible student who meets the requirements of
1021 paragraph (4)(b), who is a National Merit Scholar, and who
1022 attends a Florida public postsecondary educational institution
1023 shall receive a scholarship award equal to the institutional
1024 cost of attendance for a resident of this state minus the
1025 student’s National Merit Scholarship. Such student is exempt
1026 from the payment of out-of-state fees.
1027 (b) An eligible student who is a National Merit Scholar or
1028 National Achievement Scholar and who attends a Florida
1029 independent postsecondary educational institution shall receive
1030 a scholarship award equal to the highest cost of attendance for
1031 a resident of this state enrolled at a Florida public
1032 university, as reported by the Board of Governors of the State
1033 University System, minus the sum of the student’s Florida Bright
1034 Futures Scholarship and National Merit Scholarship or National
1035 Achievement Scholarship.
1036 (6)(a) To be eligible for a renewal award, a student must
1037 be enrolled full time, earn all credits for which he or she was
1038 enrolled, and maintain a 3.0 or higher grade point average. An
1039 eligible Benacquisto Scholar who has fewer than 12 credits
1040 remaining to complete his or her first baccalaureate degree may
1041 receive funding for one term in order to complete the degree.
1042 (b) A student’s renewal status is not affected by
1043 subsequent changes in the residency status of the student or the
1044 residency status of the student’s family.
1045 (c)(b) A student may receive the scholarship award for a
1046 maximum of 100 percent of the number of credit hours required to
1047 complete a baccalaureate degree program, or until completion of
1048 a baccalaureate degree program, whichever comes first.
1049 (d) A student may receive an award for up to 5 years
1050 following high school graduation and may not receive the award
1051 for more than 10 semesters.
1052 (e) A student who receives an award under this program and
1053 fails to meet the renewal requirements due to a verifiable
1054 illness or other documented emergency may be granted an
1055 exception pursuant to s. 1009.40(1)(b)4.
1056 Section 16. Subsection (2) and paragraphs (e) and (f) of
1057 subsection (3) of section 1011.45, Florida Statutes, are
1058 amended, and paragraph (g) is added to subsection (3) of that
1059 section, to read:
1060 1011.45 End of year balance of funds.—Unexpended amounts in
1061 any fund in a university current year operating budget shall be
1062 carried forward and included as the balance forward for that
1063 fund in the approved operating budget for the following year.
1064 (2) Each university that retains a state operating fund
1065 carry forward balance in excess of the 7 percent minimum shall
1066 submit a spending plan for its excess carry forward balance. The
1067 spending plan shall be submitted to the university’s board of
1068 trustees for review, approval, or, if necessary, amendment by
1069 September 30 1, 2020, and each September 30 1 thereafter. The
1070 Board of Governors shall review, approve, and amend, if
1071 necessary, each university’s carry forward spending plan by
1072 November 15 October 1, 2020, and each November 15 October 1
1073 thereafter.
1074 (3) A university’s carry forward spending plan shall
1075 include the estimated cost per planned expenditure and a
1076 timeline for completion of the expenditure. Authorized
1077 expenditures in a carry forward spending plan may include:
1078 (e) Operating expenditures that support the university
1079 mission and that are nonrecurring; and
1080 (f) Any purpose specified by the board or in the General
1081 Appropriations Act; and
1082 (g) A commitment of funds to a contingency reserve for
1083 expenses incurred as a result of a state of emergency declared
1084 by the Governor pursuant to s. 252.36.
1085 Section 17. Subsection (4) of section 1011.90, Florida
1086 Statutes, is amended to read:
1087 1011.90 State university funding.—
1088 (4) The Board of Governors shall establish and validate a
1089 cost-estimating system consistent with the requirements of
1090 subsection (1) and shall report as part of its legislative
1091 budget request the actual expenditures for the fiscal year
1092 ending the previous June 30. The legislative budget request must
1093 also include 5-year trend information on the number of faculty
1094 and administrators at each university and the proportion of FTE
1095 dedicated to instruction and research compared to
1096 administration. The Board of Governors, by regulation, shall
1097 define faculty and administrator classifications and shall also
1098 report the definitions in the legislative budget request.
1099 Expenditure analysis, operating budgets, and annual financial
1100 statements of each university must be prepared using the
1101 standard financial reporting procedures and formats prescribed
1102 by the Board of Governors. These formats shall be the same as
1103 used for the 2000-2001 fiscal year reports. Any revisions to
1104 these financial and reporting procedures and formats must be
1105 approved by the Executive Office of the Governor and the
1106 appropriations committees of the Legislature jointly under the
1107 provisions of s. 216.023(3). The Board of Governors shall
1108 continue to collect and maintain at a minimum management
1109 information existing on June 30, 2002. The expenditure analysis
1110 report shall include total expenditures from all sources for the
1111 general operation of the university and shall be in such detail
1112 as needed to support the legislative budget request.
1113 Section 18. Section 1012.977, Florida Statutes, is created
1114 to read:
1115 1012.977 Disclosure of contracts that affect the integrity
1116 of state universities or entities; penalties.—
1117 (1) Any person employed by a state university or entity
1118 engaging in research which was created or authorized pursuant to
1119 part II of chapter 1004 consents to the policies of the
1120 university or entity, the regulations of the Board of Governors,
1121 and the laws of this state. At a minimum, such policies shall
1122 require employees engaged in the design, conduct, or reporting
1123 of research to disclose and receive a determination that the
1124 outside activity or financial interest does not affect the
1125 integrity of the state university or entity.
1126 (2)(a) “Financial interest” includes anything of value
1127 other than that provided directly by the university or entity.
1128 (b) “Outside activity” includes anything an employee does
1129 for an organization or an individual, other than the university
1130 or entity, that is related to the employee’s expertise.
1131 (3) An employee who has failed to disclose any outside
1132 activity or financial interest as required by subsection (1)
1133 shall be suspended without pay pending the outcome of an
1134 investigation which shall not exceed 60 days. Upon conclusion of
1135 the investigation, the university or entity may terminate the
1136 contract of the employee.
1137 Section 19. Paragraph (b) of subsection (2), paragraph (b)
1138 of subsection (3), and subsection (4) of section 1013.841,
1139 Florida Statutes, are amended to read:
1140 1013.841 End of year balance of Florida College System
1141 institution funds.—
1142 (2)
1143 (b) Each Florida College System institution with a final
1144 FTE less than 15,000 for the prior year that retains a state
1145 operating fund carry forward balance in excess of the 5 percent
1146 minimum shall submit a spending plan for its excess carry
1147 forward balance. The spending plan shall include all excess
1148 carry forward funds from state operating funds. The spending
1149 plan shall be submitted to the Florida College System
1150 institution’s board of trustees for approval by September 30 1,
1151 2020, and each September 30 1 thereafter. The State Board of
1152 Education shall review and publish each Florida College System
1153 institution’s carry forward spending plan by November 15 October
1154 1, 2020, and each November 15 October 1 thereafter.
1155 (3)
1156 (b) Each Florida College System institution with a final
1157 FTE of 15,000 or greater for the prior year that retains a state
1158 operating fund carry forward balance in excess of the 7 percent
1159 minimum shall submit a spending plan for its excess carry
1160 forward balance. The spending plan shall include all excess
1161 carry forward funds from state operating funds. The spending
1162 plan shall be submitted to the Florida College System
1163 institution’s board of trustees for approval by September 30 1,
1164 2020, and each September 30 1 thereafter. The State Board of
1165 Education shall review and publish each Florida College System
1166 institution’s carry forward spending plan by November 15 October
1167 1, 2020, and each November 15 October 1 thereafter.
1168 (4) A Florida College System institution identified in
1169 paragraph (3)(b) (3)(a) must include in its carry forward
1170 spending plan the estimated cost per planned expenditure and a
1171 timeline for completion of the expenditure. Authorized
1172 expenditures in a carry forward spending plan may include:
1173 (a) Commitment of funds to a public education capital
1174 outlay project for which an appropriation was previously
1175 provided, which requires additional funds for completion, and
1176 which is included in the list required by s. 1001.03(18)(d);
1177 (b) Completion of a renovation, repair, or maintenance
1178 project that is consistent with the provisions of s. 1013.64(1),
1179 up to $5 million per project;
1180 (c) Completion of a remodeling or infrastructure project,
1181 up to $10 million per project, if such project is survey
1182 recommended pursuant to s. 1013.31;
1183 (d) Completion of a repair or replacement project necessary
1184 due to damage caused by a natural disaster for buildings
1185 included in the inventory required pursuant to s. 1013.31;
1186 (e) Operating expenditures that support the Florida College
1187 System institution’s mission which are nonrecurring; and
1188 (f) Any purpose approved by the state board or specified in
1189 the General Appropriations Act; and
1190 (g) A commitment of funds to a contingency reserve for
1191 expenses incurred as a result of a state of emergency declared
1192 by the Governor pursuant to s. 252.36.
1193 Section 20. Except as otherwise expressly provided in this
1194 act and except for this section, which shall take effect upon
1195 this act becoming a law, this act shall take effect July 1,
1196 2020.
