Bill Text: FL S0190 | 2019 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Higher Education
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-18 - Chapter No. 2019-103, companion bill(s) passed, see SB 2502 (Ch. 2019-116) [S0190 Detail]
Download: Florida-2019-S0190-Comm_Sub.html
Bill Title: Higher Education
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-18 - Chapter No. 2019-103, companion bill(s) passed, see SB 2502 (Ch. 2019-116) [S0190 Detail]
Download: Florida-2019-S0190-Comm_Sub.html
Florida Senate - 2019 CS for SB 190
By the Committee on Appropriations; and Senator Stargel
576-04590-19 2019190c1
1 A bill to be entitled
2 An act relating to higher education; amending s.
3 11.45, F.S.; requiring the Auditor General to verify
4 the accuracy of unexpended amounts in specified funds
5 certified by university and Florida College System
6 institution chief financial officers; amending s.
7 216.136, F.S.; requiring the Revenue Estimating
8 Conference to provide a maximum appropriation estimate
9 assuming the full utilization of bonding; requiring
10 the conference to determine maximum appropriations
11 assuming average bonding capacities for specified
12 years; providing an expiration date; amending s.
13 1001.03, F.S.; requiring the State Board of Education
14 to develop a prioritized list of capital projects
15 based on previously funded but not completed projects
16 and ranked priorities for Florida College System
17 institutions; requiring the State Board of Education
18 to develop a points-based prioritization method to
19 rank projects based on specified criteria; requiring
20 weighted values within the point scale; specifying
21 that specified new projects at a Florida College
22 System institution with a final FTE of 15,000 or
23 greater must satisfy specified criteria; providing an
24 exemption; requiring the State Board of Education to
25 maintain a list of capital outlay projects for which
26 state funds have been appropriated but which have not
27 been completed; requiring the State Board of Education
28 to review and submit its space need calculation
29 methodology; amending s. 1001.706, F.S.; requiring the
30 Board of Governors to develop and annually deliver a
31 training program for members of state university
32 boards of trustees; requiring trustee participation
33 within a specified timeframe of appointment and
34 reappointment; requiring the inclusion of certain
35 information in the training program; providing that a
36 determination by specified persons in addition to the
37 Board of Governors may cause the Office of the
38 Inspector General to investigate specified allegations
39 against a state university or its board of trustees;
40 requiring the Board of Governors to develop a
41 prioritized list of capital projects based on
42 previously funded but not completed projects and
43 ranked priorities at state universities; requiring the
44 Board of Governors to develop a points-based
45 prioritization method to rank projects based on
46 specified criteria; requiring weighted values within
47 the point scale; specifying that specified new
48 projects at a university with a final FTE of 2,000 or
49 less, or a final FTE of 2,000 or greater, in the prior
50 year must satisfy specified criteria; requiring the
51 Board of Governors to maintain a list of capital
52 outlay projects for which state funds have been
53 appropriated but which have not been completed;
54 requiring the Board of Governors to review and submit
55 its space need calculation methodology; amending s.
56 1004.70, F.S.; prohibiting a Florida College System
57 institution direct-support organization from giving,
58 directly or indirectly, any gift to a political
59 committee; amending s. 1007.23, F.S.; requiring the
60 statewide articulation agreement to include a reverse
61 transfer agreement for students transferring from a
62 Florida College System institution to a state
63 university without having earned an associate in arts
64 degree; requiring, by a specified academic year,
65 Florida College System institutions and state
66 universities to execute agreements to establish “2+2”
67 targeted pathway programs; providing requirements for
68 such agreements; specifying requirements for student
69 participation; requiring the State Board of Education
70 and the Board of Governors to collaborate to eliminate
71 barriers in executing pathway articulation agreements;
72 amending 1007.25, F.S.; requiring a university to, at
73 specified times, notify students enrolled at the
74 university of the criteria and option to request an
75 associate in arts degree; requiring that universities
76 notify students not enrolled at the university who
77 meet specified criteria of the option of receive an
78 associate in arts degree, beginning with students
79 enrolled in the 2018-2019 academic year and
80 thereafter; amending s. 1008.32, F.S.; requiring the
81 Commissioner of Education to report certain audit
82 findings to the State Board of Education under certain
83 circumstances; requiring district school boards and
84 Florida College System institutions’ boards of
85 trustees to document compliance with the law under
86 certain circumstances; amending s. 1008.322, F.S.;
87 requiring the Chancellor of the State University
88 System to report certain audit findings to the Board
89 of Governors under certain circumstances; requiring
90 state universities’ boards of trustees to document
91 compliance with the law under certain circumstances;
92 amending s. 1009.215, F.S.; revising the academic
93 terms in which certain students are eligible to
94 receive Bright Futures Scholarships; providing that
95 such students may receive the scholarships for the
96 fall term for specified coursework under certain
97 circumstances; amending s. 1009.53, F.S.; removing a
98 requirement for a Florida high school graduate to
99 enroll in certain programs within 3 years of
100 graduation from high school in order to receive funds
101 from the Florida Bright Futures Scholarship Program;
102 expanding the Florida Bright Futures Scholarship
103 Program to include the Florida Gold Seal CAPE
104 Scholarship; conforming provisions to changes made by
105 the act; removing a limitation of 45 semester credit
106 hours or the equivalent for an annual award for the
107 scholarship program; requiring an institution that
108 receives scholarship funds for summer terms to certify
109 to the department certain funding information and
110 remit any undisbursed funds within a specified time;
111 amending s. 1009.531, F.S.; expanding the eligibility
112 for an initial award of a scholarship under the
113 Florida Bright Futures Scholarship Program to include
114 students who earn a high school diploma from a private
115 school; modifying the date by which certain students
116 must apply for a scholarship under the program;
117 deleting provisions relating to scholarship
118 eligibility and application requirements for certain
119 students who graduated from high school during
120 specified years; extending the amount of time in which
121 a student may reapply for an award to 5 years after
122 high school graduation; extending the amount of time
123 in which a student who enlists in the United States
124 Armed Forces immediately after high school may apply
125 for an award to 5 years after separation from active
126 duty; providing that a student who is unable to accept
127 an initial award due to a religious or service
128 obligation may apply for an award within 5 years after
129 the completion of his or her religious or service
130 obligation; requiring that school districts provide a
131 Florida Bright Futures Scholarship Evaluation Report
132 and Key only to students in specified grades; allowing
133 a student who does not meet certain requirements for a
134 program award additional time to meet such
135 requirements under certain conditions; providing that
136 such students who timely meet the requirements must
137 receive an award for the full academic year; revising
138 the minimum examination scores required for a student
139 to be eligible for a Florida Academic Scholars award
140 or a Florida Medallion Scholars award; requiring the
141 Department of Education to develop a method for
142 determining the required examination scores which
143 ensures equivalency between specified examinations and
144 is consistent with specified limitations; requiring
145 the department to publish any changes to examination
146 score requirements; conforming a provision to changes
147 made by the act; amending s. 1009.532, F.S.; revising
148 student eligibility requirements for renewal of
149 Florida Bright Futures Scholarship Program awards;
150 removing obsolete language; conforming provisions to
151 changes made by the act; amending s. 1009.536, F.S.;
152 permitting certain Florida Gold Seal CAPE Scholars to
153 receive an award from a specified funding source;
154 providing grade point average requirements for Florida
155 Gold Seal CAPE Scholars; removing limitations for
156 certain academic years on the number of credit hours
157 to which a student may apply a Florida Gold Seal
158 Vocational Scholarship; amending s. 1011.45, F.S.;
159 requiring each state university to maintain a minimum
160 carry forward balance of at least 7 percent of its
161 state operating budget; requiring a university that
162 fails to maintain such balance to submit a plan to the
163 Board of Governors to attain the minimum balance;
164 requiring each university with a carry forward balance
165 in excess of 7 percent to submit a spending plan to
166 the university board of trustees; specifying
167 requirements and authorized expenditures in such
168 spending plan; requiring each university chief
169 financial officer to certify annually the unexpended
170 amount of carry forward amounts from specified funds;
171 amending s. 1011.80, F.S.; removing a limitation on
172 the maximum amount of funding that may be appropriated
173 for performance funding relating to funds for
174 operation of workforce education programs; creating s.
175 1011.802, F.S.; creating the Florida Apprenticeship
176 Grant (FLAG) program; providing for funding; providing
177 purpose, requirements, and administration of the FLAG
178 program; requiring certain career centers and
179 institutions to provide quarterly reports; authorizing
180 rulemaking; amending s. 1011.81, F.S.; removing a
181 limitation on the maximum amount of funding that may
182 be appropriated for performance funding relating to
183 industry certifications for Florida College System
184 institutions; amending s. 1011.84, F.S.; raising the
185 threshold of the unencumbered balance at a Florida
186 College System institution operating budget to 7
187 percent; requiring each Florida College System
188 institution chief financial officer to annually
189 certify the unexpended amount of specified funds;
190 amending s. 1013.03, F.S.; requiring the State Board
191 of Education and the Board of Governors to establish
192 uniform space utilization standards that include
193 standards for post-secondary classroom and teaching
194 laboratory space; requiring the State Board of
195 Education and the Board of Governors to adopt
196 standards for use in each Florida College System
197 institution’s and state university’s survey; requiring
198 the State Board of Education and the Board of
199 Governors to define and apply specified space
200 utilization metrics when calculating space need;
201 amending s. 1013.31, F.S.; requiring projections for
202 facility space needs for each Florida College System
203 institution to comply with specified space needs
204 utilization standards and metrics; requiring
205 projections for facility space needs for each state
206 university to comply with specified space needs
207 utilization standards and metrics; amending s.
208 1013.40, F.S.; prohibiting the finance of additional
209 dormitory beds through the issuance of bonds by
210 Florida College System institutions; providing that
211 bonds may be issued by nonpublic entities as part of a
212 public-private partnership; amending s. 1013.60, F.S.;
213 requiring the Commissioner of Education to develop a
214 budget request allocation plan for a specified
215 purpose; establishing requirements for the budget
216 request allocation plan to include an assessment over
217 the 3 years of the plan of the amount of state funding
218 needed to complete previously funded projects;
219 amending s. 1013.64, F.S.; requiring the Board of
220 Governors to specify by regulation the procedures for
221 reporting or expending specified funds; requiring each
222 university to report expended amounts from all
223 sources; requiring the State Board of Education to
224 specify by rule the procedures for the reporting of
225 specified funds appropriated or expended; establishing
226 a timeframe by which the State Board of Education and
227 Board of Governors must update the capital outlay
228 project list, with specified criteria; creating s.
229 1013.841, F.S.; requiring unexpended amounts in any
230 fund in any Florida College System institution current
231 year state operating budget to be carried forward and
232 included in the approved operating budget for the
233 following year; requiring each Florida College System
234 institution with a final FTE of less than 15,000 to
235 maintain a minimum carry forward balance of at least 5
236 percent of its state operating budget; requiring each
237 Florida College System institution president, if the
238 institution fails to maintain such balance, to provide
239 written notification to the State Board of Education;
240 requiring each Florida College System institution with
241 a final FTE of less than 15,000 that retains a state
242 operating fund carry forward balance in excess of 5
243 percent to submit a spending plan for its excess carry
244 forward funds with specified requirements; requiring
245 each Florida College System institution with a final
246 FTE of 15,000 or greater to maintain a minimum carry
247 forward balance of at least 7 percent of its state
248 operating budget; requiring each Florida College
249 System institution with a final FTE of 15,000 or
250 greater that retains a state operating fund carry
251 forward balance in excess 7 percent to submit a
252 spending plan for its excess carry forward funds with
253 specified requirements; requiring that state
254 university and Florida College System institution
255 project surveys must utilize updated space need
256 calculations; providing an effective date.
257
258 Be It Enacted by the Legislature of the State of Florida:
259
260 Section 1. Paragraph (c) of subsection (2) of section
261 11.45, Florida Statutes, is amended to read:
262 11.45 Definitions; duties; authorities; reports; rules.—
263 (2) DUTIES.—The Auditor General shall:
264 (c) Annually conduct financial audits of all state
265 universities and Florida College System institutions and verify
266 the accuracy of the amounts certified by each state university
267 and Florida College System institution chief financial officer
268 pursuant to ss. 1011.45 and 1011.84 state colleges.
269
270 The Auditor General shall perform his or her duties
271 independently but under the general policies established by the
272 Legislative Auditing Committee. This subsection does not limit
273 the Auditor General’s discretionary authority to conduct other
274 audits or engagements of governmental entities as authorized in
275 subsection (3).
276 Section 2. Subsection (3) of section 216.136, Florida
277 Statutes, is amended to read:
278 216.136 Consensus estimating conferences; duties and
279 principals.—
280 (3) REVENUE ESTIMATING CONFERENCE.—
281 (a) The Revenue Estimating Conference shall develop such
282 official information with respect to anticipated state and local
283 government revenues as the conference determines is needed for
284 the state planning and budgeting system. Any principal may
285 request the conference to review and estimate revenues for any
286 trust fund.
287 (b) For each year in a forecast period, the Revenue
288 Estimating Conference must provide a maximum appropriation
289 estimate, which includes bonding, for funds accruing to the
290 Public Education Capital Outlay and Debt Service Trust Fund. The
291 maximum available appropriation estimate for each year must
292 assume the full utilization of available bonding capacity, as
293 limited by s. 215.61, and the full utilization of remaining
294 available cash balances.
295 (c) For each of the 2020-2021, 2021-2022, and 2022-2023
296 fiscal years, the conference shall also determine maximum
297 appropriations available for funds accruing to the Public
298 Education Capital Outlay and Debt Service Trust Fund, assuming
299 that the bonding capacity for each year is equal to the average
300 of annual bonding capacities, as determined under paragraph (b),
301 of that year and the years remaining through the 2022-2023
302 fiscal year. This paragraph expires July 1, 2023.
303 Section 3. Subsection (18) is added to section 1001.03,
304 Florida Statutes, to read:
305 1001.03 Specific powers of State Board of Education.—
306 (18) PUBLIC EDUCATION CAPITAL OUTLAY.—The State Board of
307 Education shall develop and submit the prioritized list required
308 by s. 1013.64(4). Projects considered for prioritization shall
309 be chosen from a preliminary selection group that shall include
310 the list of projects maintained pursuant to paragraph (d) and up
311 to the top five ranked priorities of each Florida College System
312 institution.
313 (a) The state board shall develop a points-based
314 prioritization method to rank projects for consideration from
315 the preliminary selection group and award points for the degree
316 to which a project meets specific criteria compared to other
317 projects in the preliminary selection group. The state board
318 shall consider criteria that evaluates the degree to which:
319 1. The project was previously funded by the Legislature and
320 the amount of funds needed for completion constitute a
321 relatively low percentage of total project costs;
322 2. The project represents a building maintenance project or
323 the repair of utility infrastructure which is necessary to
324 preserve a safe environment for students and staff, or a project
325 that is necessary to maintain the operation of a Florida College
326 System institution site, and for which the institution can
327 demonstrate that it has no other funding source available to
328 complete the project;
329 3. The project addresses the greatest current or projected
330 need for space as indicated by factors such as increased
331 instructional capacity that enhances educational opportunities
332 for students;
333 4. The project reflects a ranked priority of the submitting
334 Florida College System institution;
335 5. The project represents the most practical and cost
336 effective replacement or renovation of an existing building; and
337 6. The project is deemed by the state board to be integral
338 to the mission of the system or the institution in serving the
339 strategic needs of communities, regions, or the state.
340 (b) The project scoring the highest for each criterion
341 shall be awarded the maximum points in the range of points
342 within the points scale developed by the state board. The state
343 board shall weight the value of criteria such that the maximum
344 points awarded for each criterion represents a percent of the
345 total maximum points.
346 (c)1. For each Florida College System institution with a
347 final FTE of 15,000 or greater for the prior year, a new
348 construction, remodeling, or renovation project that has not
349 received an appropriation in a previous year may not be
350 considered for inclusion on the prioritized list required by s.
351 1013.64(4), unless:
352 a. The institution has allocated funding equal to at least
353 15 percent of the total project cost, the project is needed to
354 preserve the safety of persons using the facility, or the
355 project is consistent with a strategic legislative or state
356 board initiative;
357 b. A plan is provided to reserve funds equal to a minimum
358 amount determined by the state board as adequate to cover annual
359 costs for future maintenance of the facility;
360 c. There are sufficient excess funds from the allocation
361 provided pursuant to s. 1013.60 within the 3-year planning
362 period which are not needed to complete the projects listed
363 pursuant to paragraph (d); and
364 d. The project has been recommended pursuant to s. 1013.31.
365 2. A Florida College System institution with a final FTE of
366 less than 15,000 for the prior year is exempt from the
367 requirements of subparagraph (c)1.
368 (d) The state board shall continually maintain a list of
369 all public education capital outlay projects for which state
370 funds were previously appropriated and have not been completed.
371 The list shall include an estimate of the amount of state
372 funding needed for the completion of each project.
373 (e) The state board shall review its space need calculation
374 methodology developed pursuant to s. 1013.03(2)(a) and present a
375 summary of its work with preliminary draft recommendations to
376 the chairs of the House of Representatives and Senate
377 appropriations committees by January 15, 2020, and every 3 years
378 thereafter.
379 Section 4. Paragraph (f) of subsection (5) of section
380 1001.706, Florida Statutes, is amended, and paragraph (j) is
381 added to subsection (3) and subsection (12) is added to that
382 section, to read:
383 1001.706 Powers and duties of the Board of Governors.—
384 (3) POWERS AND DUTIES RELATING TO ORGANIZATION AND
385 OPERATION OF STATE UNIVERSITIES.—
386 (j) The Board of Governors shall develop and annually
387 deliver a training program for members of each state university
388 board of trustees that addresses the role of such boards in
389 governing institutional resources and protecting the public
390 interest. At a minimum, each trustee must participate in the
391 training program within 1 year of appointment and reappointment
392 to a university board of trustees. The program must include
393 information on trustee responsibilities relating to all of the
394 following:
395 1. Meeting the statutory, regulatory, and fiduciary
396 obligations of the board.
397 2. Establishing internal process controls and
398 accountability mechanisms for the institution’s president and
399 other administrative officers.
400 3. Oversight of planning, construction, maintenance,
401 expansion, and renovation projects that impact the university’s
402 consolidated infrastructure, physical facilities, and natural
403 environment, including its lands, improvements, and capital
404 equipment.
405 4. Establishing policies that promote college
406 affordability, including ensuring that the costs of university
407 fees, textbooks, and instructional materials are minimized
408 whenever possible.
409 5. Creation and implementation of institutionwide rules and
410 regulations.
411 6. Institutional ethics and conflicts of interest.
412 7. Best practices for board governance.
413 8. Understanding current national and state issues in
414 higher education.
415 9. Any other responsibilities the Board of Governors deems
416 necessary or appropriate.
417 (5) POWERS AND DUTIES RELATING TO ACCOUNTABILITY.—
418 (f) If the Board of Governors of the State University
419 System, the presiding officer of either house of the
420 Legislature, the Chief Financial Officer, or a member of the
421 board of trustees of the institution for which an investigation
422 is sought determines that a state university board of trustees
423 is unwilling or unable to address substantiated allegations made
424 by any person relating to waste, fraud, or financial
425 mismanagement within the state university, the Office of the
426 Inspector General shall investigate the allegations.
427 (12) PUBLIC EDUCATION CAPITAL OUTLAY.—The Board of
428 Governors shall submit the prioritized list as required by s.
429 1013.64(4). Projects considered for prioritization shall be
430 chosen from a preliminary selection group that shall include the
431 list of projects maintained pursuant to paragraph (d) and up to
432 the top five ranked priorities of each state university.
433 (a) The board shall develop a points-based prioritization
434 method to rank projects for consideration from the preliminary
435 selection group and award points for the degree to which a
436 project meets specific criteria compared to other projects in
437 the preliminary selection group. The board shall consider
438 criteria that evaluates the degree to which:
439 1. The project was funded previously by the Legislature and
440 the amount of funds needed for completion constitutes a
441 relatively low percentage of total project costs;
442 2. The project represents a building maintenance project or
443 the repair of utility infrastructure which is necessary to
444 preserve a safe environment for students and staff, or a project
445 that is necessary to maintain the operation of a university
446 site, and for which the university can demonstrate it has no
447 other fund source available to complete the project;
448 3. The project addresses the greatest current or projected
449 need for space as indicated by factors such as increased
450 instructional or research capacity that enhances educational
451 opportunities for students;
452 4. The project reflects a ranked priority of the submitting
453 university;
454 5. The project represents the most practical and cost
455 effective replacement or renovation of an existing building; and
456 6. The project is deemed integral to the mission of the
457 system or the institution in serving the strategic needs of
458 communities, regions, or this state.
459 (b) The project scoring the highest for each criterion
460 shall be awarded the maximum points in the range of points
461 within the points scale developed by the board. The board shall
462 weight the value of criteria such that the maximum points
463 awarded for each criterion represent a percent of the total of
464 maximum points.
465 (c)1. For universities with a final FTE of less than 2,000
466 in the prior year, a new construction, remodeling, or renovation
467 project that has not received an appropriation in a previous
468 year may not be considered for inclusion on the prioritized list
469 required by s. 1013.64(4), unless:
470 a. The institution has allocated funding equal to a minimum
471 amount not to exceed 10 percent of the total project cost
472 determined appropriate by the board based on the size and unique
473 characteristics of the institution, the project is needed to
474 preserve the safety of persons using the facility, or the
475 project is consistent with a strategic legislative or board
476 initiative;
477 b. A plan is provided to reserve funds equal to a minimum
478 amount determined by the board as adequate to cover annual costs
479 for future maintenance of the facility;
480 c. There are sufficient excess funds from the allocation
481 provided pursuant to s. 1013.60 within the 3-year planning
482 period which are not needed to complete the projects listed
483 pursuant to paragraph (d); and
484 d. The project has been recommended pursuant to s. 1013.31.
485 2. For universities with a final FTE of 2,000 or greater in
486 the prior year, a new construction, remodeling, or renovation
487 project that has not received an appropriation in a previous
488 year may not be considered for inclusion on the prioritized list
489 required by s. 1013.64(4), unless:
490 a. The institution has allocated funding equal to no less
491 than 15 percent of the total project cost, unless a smaller
492 amount is approved by supermajority vote of the board based on
493 university size or unique characteristics, the project is needed
494 to preserve the safety of persons using the facility, or the
495 project is consistent with a strategic legislative or board
496 initiative;
497 b. A plan is provided to reserve funds equal to a minimum
498 amount determined by the board as adequate to cover annual costs
499 for future maintenance of the facility;
500 c. There are sufficient excess funds from the allocation
501 provided pursuant to s. 1013.60 within the 3-year planning
502 period which are not needed to complete the projects listed
503 pursuant to paragraph (d); and
504 d. The project has been recommended pursuant to s. 1013.31.
505 (d) The board shall continually maintain a list of all
506 public education capital outlay projects for which state funds
507 were previously appropriated which have not been completed. The
508 list shall include an estimate of the amount of state funding
509 needed for the completion of each project.
510 (e) The board shall review its space need calculation
511 methodology developed pursuant to s. 1013.03(2)(a) and present a
512 summary of its work with preliminary draft recommendations to
513 the chairs of the House of Representatives and Senate
514 appropriations committees by January 15, 2020, and every 3 years
515 thereafter.
516 Section 5. Paragraph (d) of subsection (4) of section
517 1004.70, Florida Statutes, is amended to read:
518 1004.70 Florida College System institution direct-support
519 organizations.—
520 (4) ACTIVITIES; RESTRICTIONS.—
521 (d) A Florida College System institution direct-support
522 organization is prohibited from giving, either directly or
523 indirectly, any gift to a political committee as defined in s.
524 106.011 for any purpose other than those certified by a majority
525 roll call vote of the governing board of the direct-support
526 organization at a regularly scheduled meeting as being directly
527 related to the educational mission of the Florida College System
528 institution.
529 Section 6. Subsections (7) and (8) are added to section
530 1007.23, Florida Statutes, to read:
531 1007.23 Statewide articulation agreement.—
532 (7) The articulation agreement must specifically provide
533 for a reverse transfer agreement for Florida College System
534 associate in arts degree-seeking students who transfer to a
535 state university before earning an associate in arts degree.
536 Students must be awarded an associate in arts degree by the
537 Florida College System institution upon completion of degree
538 requirements at the state university if the student earned more
539 than 30 credit hours toward the associate in arts degree from
540 the Florida College System institution. State universities must
541 identify students who have completed the requirements for the
542 associate in arts degree and, upon student consent, transfer
543 credits earned at the state university back to the Florida
544 College System institution so that the associate in arts degree
545 may be awarded by the Florida College System institution.
546 (8) By the 2019-2020 academic year, to strengthen Florida’s
547 “2+2” system of articulation and improve student retention and
548 on-time graduation, each Florida College System institution
549 shall execute at least one “2+2” targeted pathway articulation
550 agreement with one or more state universities, and each state
551 university shall execute at least one such agreement with one or
552 more Florida College System institutions to establish “2+2”
553 targeted pathway programs. The agreement must provide students
554 who graduate with an associate in arts degree and who meet
555 specified requirements guaranteed access to the state university
556 and a degree program at that university, in accordance with the
557 terms of the “2+2” targeted pathway articulation agreement.
558 (a) To participate in a “2+2” targeted pathway program, a
559 student must:
560 1. Enroll in the program before completing 30 credit hours,
561 including, but not limited to, college credits earned through
562 articulated acceleration mechanisms pursuant to s. 1007.27;
563 2. Complete an associate in arts degree; and
564 3. Meet the university’s transfer requirements.
565 (b) A state university that executes a “2+2” targeted
566 pathway articulation agreement must meet the following
567 requirements in order to implement a “2+2” targeted pathway
568 program in collaboration with its partner Florida College System
569 institution:
570 1. Establish a 4-year, on-time graduation plan for a
571 baccalaureate degree program, including, but not limited to, a
572 plan for students to complete associate in arts degree programs,
573 general education courses, common prerequisite courses, and
574 elective courses;
575 2. Advise students enrolled in the program about the
576 university’s transfer and degree program requirements; and
577 3. Provide students who meet the requirements under this
578 paragraph with access to academic advisors and campus events and
579 with guaranteed admittance to the state university and a degree
580 program of the state university, in accordance with the terms of
581 the agreement.
582 (c) To assist the state universities and Florida College
583 System institutions with implementing the “2+2” targeted pathway
584 programs effectively, the State Board of Education and the Board
585 of Governors shall collaborate to eliminate barriers in
586 executing “2+2” targeted pathway articulation agreements.
587 Section 7. Subsection (11) of section 1007.25, Florida
588 Statutes, is amended to read:
589 1007.25 General education courses; common prerequisites;
590 other degree requirements.—
591 (11) Students at state universities may request an
592 associate in arts degree certificates if they have successfully
593 completed the minimum requirements for the degree of associate
594 in arts (A.A.). The university must grant the student an
595 associate in arts degree if the student has successfully
596 completed minimum requirements for the associate in arts degree,
597 as determined by the state university college-level
598 communication and computation skills adopted by the State Board
599 of Education and 60 academic semester hours or the equivalent
600 within a degree program area, including 36 semester hours in
601 general education courses in the subject areas of communication,
602 mathematics, social sciences, humanities, and natural sciences,
603 consistent with the general education requirements specified in
604 the articulation agreement pursuant to s. 1007.23. The
605 university must notify students of the criteria and process for
606 requesting an associate in arts degree during orientation.
607 Additional notification must be provided to each student
608 enrolled at the university upon completion of the requirements
609 for an associate in arts degree. Beginning with students
610 enrolled at the university in the 2018-2019 academic year and
611 thereafter, the university must also notify any student who has
612 not graduated from the university of the option and process to
613 request an associate in arts degree if that student has
614 completed the requirements for an associate in arts degree but
615 has not reenrolled at the university in the subsequent fall
616 semester and thereafter.
617 Section 8. Subsection (2) of section 1008.32, Florida
618 Statutes, is amended to read:
619 1008.32 State Board of Education oversight enforcement
620 authority.—The State Board of Education shall oversee the
621 performance of district school boards and Florida College System
622 institution boards of trustees in enforcement of all laws and
623 rules. District school boards and Florida College System
624 institution boards of trustees shall be primarily responsible
625 for compliance with law and state board rule.
626 (2)(a) The Commissioner of Education may investigate
627 allegations of noncompliance with law or state board rule and
628 determine probable cause. The commissioner shall report
629 determinations of probable cause to the State Board of Education
630 which shall require the district school board or Florida College
631 System institution board of trustees to document compliance with
632 law or state board rule.
633 (b) The Commissioner of Education shall report to the State
634 Board of Education any findings by the Auditor General that a
635 district school board or Florida College System institution is
636 acting without statutory authority or contrary to general law.
637 The State Board of Education shall require the district school
638 board or Florida College System institution board of trustees to
639 document compliance with such law.
640 Section 9. Subsection (3) of section 1008.322, Florida
641 Statutes, is amended to read:
642 1008.322 Board of Governors oversight enforcement
643 authority.—
644 (3)(a) The Chancellor of the State University System may
645 investigate allegations of noncompliance with any law or Board
646 of Governors’ rule or regulation and determine probable cause.
647 The chancellor shall report determinations of probable cause to
648 the Board of Governors, which may require the university board
649 of trustees to document compliance with the law or Board of
650 Governors’ rule or regulation.
651 (b) The Chancellor of the State University System shall
652 report to the Board of Governors any findings by the Auditor
653 General that a university is acting without statutory authority
654 or contrary to general law. The Board of Governors shall require
655 the university board of trustees to document compliance with
656 such law.
657 Section 10. Effective July 1, 2019, and upon the expiration
658 and reversion of the amendment made to section 1009.215, Florida
659 Statutes, pursuant to section 13 of chapter 2018-10, Laws of
660 Florida, subsection (3) of section 1009.215, Florida Statutes,
661 is amended to read:
662 1009.215 Student enrollment pilot program for the spring
663 and summer terms.—
664 (3) Students who are enrolled in the pilot program and who
665 are eligible to receive Bright Futures Scholarships under ss.
666 1009.53-1009.536 are shall be eligible to receive the
667 scholarship award for attendance during the spring and summer
668 terms. This student cohort is also eligible to receive Bright
669 Futures Scholarships during the fall term which may be used for
670 off-campus or online coursework, if Bright Futures Scholarship
671 funding is provided by the Legislature for three terms for other
672 eligible students during that academic year no more than 2
673 semesters or the equivalent in any fiscal year, including the
674 summer term.
675 Section 11. Subsections (1), (2), and (3), paragraph (a) of
676 subsection (4), subsection (5), and subsection (7) of section
677 1009.53, Florida Statutes, are amended to read:
678 1009.53 Florida Bright Futures Scholarship Program.—
679 (1) The Florida Bright Futures Scholarship Program is
680 created to establish a lottery-funded scholarship program to
681 reward any Florida high school graduate who merits recognition
682 of high academic achievement and who enrolls in a degree
683 program, certificate program, or applied technology program at
684 an eligible Florida public or private postsecondary education
685 institution within 3 years of graduation from high school.
686 (2) The Bright Futures Scholarship Program consists of four
687 three types of awards: the Florida Academic Scholarship, the
688 Florida Medallion Scholarship, the Florida Gold Seal CAPE
689 Scholarship, and the Florida Gold Seal Vocational Scholarship.
690 (3) The Department of Education shall administer the Bright
691 Futures Scholarship Program according to rules and procedures
692 established by the State Board of Education. A single
693 application must be sufficient for a student to apply for any of
694 the three types of awards. The department shall advertise the
695 availability of the scholarship program and shall notify
696 students, teachers, parents, certified school counselors, and
697 principals or other relevant school administrators of the
698 criteria and application procedures. The department must begin
699 this process of notification no later than January 1 of each
700 year.
701 (4) Funding for the Bright Futures Scholarship Program must
702 be allocated from the Education Enhancement Trust Fund and must
703 be provided before allocations from that fund are calculated for
704 disbursement to other educational entities.
705 (a) If funds appropriated are not adequate to provide the
706 maximum allowable award to each eligible applicant, awards in
707 all three components of the program must be prorated using the
708 same percentage reduction.
709 (5) The department shall issue awards from the scholarship
710 program annually. Annual awards may be for up to 45 semester
711 credit hours or the equivalent. Before the registration period
712 each semester, the department shall transmit payment for each
713 award to the president or director of the postsecondary
714 education institution, or his or her representative, except that
715 the department may withhold payment if the receiving institution
716 fails to report or to make refunds to the department as required
717 in this section.
718 (a) Within 30 days after the end of regular registration
719 each semester, the educational institution shall certify to the
720 department the eligibility status of each student who receives
721 an award. After the end of the drop and add period, an
722 institution is not required to reevaluate or revise a student’s
723 eligibility status; however, an institution must make a refund
724 to the department within 30 days after the end of the semester
725 of any funds received for courses dropped by a student or
726 courses from which a student has withdrawn after the end of the
727 drop and add period, unless the student has been granted an
728 exception by the department pursuant to subsection (11).
729 (b) An institution that receives funds from the program for
730 the fall and spring terms shall certify to the department the
731 amount of funds disbursed to each student and shall remit to the
732 department any undisbursed advances within 60 days after the end
733 of regular registration. An institution that receives funds from
734 the program for the summer term shall certify to the department
735 the amount of funds disbursed to each student and shall remit to
736 the department any undisbursed advances within 30 days after the
737 end of the summer term.
738 (c) Each institution that receives moneys through this
739 program shall provide for a financial audit, as defined in s.
740 11.45, conducted by an independent certified public accountant
741 or the Auditor General for each fiscal year in which the
742 institution expends program moneys in excess of $100,000. At
743 least every 2 years, the audit shall include an examination of
744 the institution’s administration of the program and the
745 institution’s accounting of the moneys for the program since the
746 last examination of the institution’s administration of the
747 program. The report on the audit must be submitted to the
748 department within 9 months after the end of the fiscal year. The
749 department may conduct its own annual audit of an institution’s
750 administration of the program. The department may request a
751 refund of any moneys overpaid to the institution for the
752 program. The department may suspend or revoke an institution’s
753 eligibility to receive future moneys for the program if the
754 department finds that an institution has not complied with this
755 section. The institution must remit within 60 days any refund
756 requested in accordance with this subsection.
757 (d) Any institution that is not subject to an audit
758 pursuant to this subsection shall attest, under penalty of
759 perjury, that the moneys were used in compliance with law. The
760 attestation shall be made annually in a form and format
761 determined by the department.
762 (7) A student may receive only one type of award from the
763 Florida Bright Futures Scholarship Program at any given a time,
764 but may transfer from one type of award to another through the
765 renewal application process, if the student’s eligibility status
766 changes. However, a student is not eligible to transfer from a
767 Florida Medallion Scholarship, a Florida Gold Seal CAPE
768 Scholarship, or a Florida Gold Seal Vocational Scholarship to a
769 Florida Academic Scholarship. A student who receives an award
770 from the program may also receive a federal family education
771 loan or a federal direct loan, and the value of the award must
772 be considered in the certification or calculation of the
773 student’s loan eligibility.
774 Section 12. Section 1009.531, Florida Statutes, is amended
775 to read:
776 1009.531 Florida Bright Futures Scholarship Program;
777 student eligibility requirements for initial awards.—
778 (1) In order to be eligible for an initial award from any
779 of the three types of scholarships under the Florida Bright
780 Futures Scholarship Program, a student must:
781 (a) Be a Florida resident as defined in s. 1009.40 and
782 rules of the State Board of Education.
783 (b) Earn a standard Florida high school diploma pursuant to
784 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282 or a high school
785 equivalency diploma pursuant to s. 1003.435 unless:
786 1. The student completes a home education program according
787 to s. 1002.41; or
788 2. The student earns a high school diploma from a non
789 Florida school while living with a parent or guardian who is on
790 military or public service assignment away from Florida; or
791 3. The student earns a high school diploma from a Florida
792 private school operating pursuant to s. 1002.42.
793 (c) Be accepted by and enroll in an eligible Florida public
794 or independent postsecondary education institution.
795 (d) Be enrolled for at least 6 semester credit hours or the
796 equivalent in quarter hours or clock hours.
797 (e) Not have been found guilty of, or entered a plea of
798 nolo contendere to, a felony charge, unless the student has been
799 granted clemency by the Governor and Cabinet sitting as the
800 Executive Office of Clemency.
801 (f) Apply for a scholarship from the program by high school
802 graduation. However, a student who graduates from high school
803 midyear must apply no later than December August 31 of the
804 student’s graduation year in order to be evaluated for and, if
805 eligible, receive an award for the current academic year.
806 (2)(a) A student graduating from high school prior to the
807 2010-2011 academic year is eligible to accept an initial award
808 for 3 years following high school graduation and to accept a
809 renewal award for 7 years following high school graduation. A
810 student who applies for an award by high school graduation and
811 who meets all other eligibility requirements, but who does not
812 accept his or her award, may reapply during subsequent
813 application periods up to 3 years after high school graduation.
814 For a student who enlists in the United States Armed Forces
815 immediately after completion of high school, the 3-year
816 eligibility period for his or her initial award shall begin upon
817 the date of separation from active duty. For a student who is
818 receiving a Florida Bright Futures Scholarship and discontinues
819 his or her education to enlist in the United States Armed
820 Forces, the remainder of his or her 7-year renewal period shall
821 commence upon the date of separation from active duty.
822 (b) Students graduating from high school in the 2010-2011
823 and 2011-2012 academic years are eligible to accept an initial
824 award for 3 years following high school graduation and to accept
825 a renewal award for 5 years following high school graduation. A
826 student who applies for an award by high school graduation and
827 who meets all other eligibility requirements, but who does not
828 accept his or her award, may reapply during subsequent
829 application periods up to 3 years after high school graduation.
830 For a student who enlists in the United States Armed Forces
831 immediately after completion of high school, the 3-year
832 eligibility period for his or her initial award and the 5-year
833 renewal period shall begin upon the date of separation from
834 active duty. For a student who is receiving a Florida Bright
835 Futures Scholarship award and discontinues his or her education
836 to enlist in the United States Armed Forces, the remainder of
837 his or her 5-year renewal period shall commence upon the date of
838 separation from active duty. If a course of study is not
839 completed after 5 academic years, an exception of 1 year to the
840 renewal timeframe may be granted due to a verifiable illness or
841 other documented emergency pursuant to s. 1009.40(1)(b)4.
842 (c) A student graduating from high school in the 2012-2013
843 academic year and thereafter is eligible to receive an accept an
844 initial award for 2 years following high school graduation and
845 to accept a renewal award for 5 years following high school
846 graduation. A student who applies for an award by high school
847 graduation and who meets all other eligibility requirements, but
848 who does not accept his or her award, may reapply during
849 subsequent application periods up to 5 2 years after high school
850 graduation. For a student who enlists in the United States Armed
851 Forces immediately after completion of high school, the 2-year
852 eligibility period for his or her initial award and the 5-year
853 renewal period shall begin upon the date of separation from
854 active duty. For a student who is receiving a Florida Bright
855 Futures Scholarship award and discontinues his or her education
856 to enlist in the United States Armed Forces, the remainder of
857 his or her 5-year renewal period shall commence upon the date of
858 separation from active duty. For a student who is unable to
859 accept an initial award immediately after completion of high
860 school due to a full-time religious or service obligation
861 lasting at least 18 months which begins within 1 year after
862 completion of high school, the 2-year eligibility period for his
863 or her initial award and the 5-year renewal period begins begin
864 upon the completion of his or her religious or service
865 obligation. The organization sponsoring the full-time religious
866 or service obligation must meet the requirements for nonprofit
867 status under s. 501(c)(3) of the Internal Revenue Code or be a
868 federal government service organization, including, but not
869 limited to, the Peace Corps and AmeriCorps programs. The
870 obligation must be documented in writing and verified by the
871 entity for which the student completed the obligation on a
872 standardized form prescribed by the department. If a course of
873 study is not completed after 5 academic years, an exception of 1
874 year to the renewal timeframe may be granted due to a verifiable
875 illness or other documented emergency pursuant to s.
876 1009.40(1)(b)4.
877 (3) For purposes of calculating the grade point average to
878 be used in determining initial eligibility for a Florida Bright
879 Futures Scholarship, the department shall assign additional
880 weights to grades earned in the following courses:
881 (a) Courses identified in the course code directory as
882 Advanced Placement, pre-International Baccalaureate,
883 International Baccalaureate, International General Certificate
884 of Secondary Education (pre-AICE), or Advanced International
885 Certificate of Education.
886 (b) Courses designated as academic dual enrollment courses
887 in the statewide course numbering system.
888
889 The department may assign additional weights to courses, other
890 than those described in paragraphs (a) and (b), that are
891 identified by the Department of Education as containing rigorous
892 academic curriculum and performance standards. The additional
893 weight assigned to a course pursuant to this subsection shall
894 not exceed 0.5 per course. The weighted system shall be
895 developed and distributed to all high schools in the state prior
896 to January 1, 1998. The department may determine a student’s
897 eligibility status during the senior year before graduation and
898 may inform the student of the award at that time.
899 (4) Each school district shall annually provide to each
900 high school student in grade 11 or 12 a complete and accurate
901 Florida Bright Futures Scholarship Evaluation Report and Key.
902 The report shall be disseminated at the beginning of each school
903 year. The report must include all high school coursework
904 attempted, the number of credits earned toward each type of
905 award, and the calculation of the grade point average for each
906 award. The report must also identify all requirements not met
907 per award, including the grade point average requirement, as
908 well as identify the awards for which the student has met the
909 academic requirements. The student report cards must contain a
910 disclosure that the grade point average calculated for purposes
911 of the Florida Bright Futures Scholarship Program may differ
912 from the grade point average on the report card.
913 (5) A student who wishes to qualify for a particular award
914 within the Florida Bright Futures Scholarship Program, but who
915 does not meet all of the requirements for that level of award by
916 the applicable deadlines, may be allowed additional time to
917 complete the requirements, nevertheless, receive the award if
918 the principal of the student’s school or the district
919 superintendent verifies that the deficiency is caused by the
920 fact that school district personnel provided inaccurate or
921 incomplete information to the student. The school district must
922 provide a means for the student to correct the deficiencies and
923 the student must correct them, either by completing comparable
924 work at the postsecondary institution or by completing a
925 directed individualized study program developed and administered
926 by the school district. If the student does not complete the
927 requirements by December 31 immediately following high school
928 graduation, the student is ineligible to participate in the
929 program. If the student completes the requirements by December
930 31, the student must receive the award for the full academic
931 year, including the fall term.
932 (6)(a) The State Board of Education shall publicize the
933 examination score required for a student to be eligible for a
934 Florida Academic Scholars award, pursuant to s. 1009.534(1)(a)
935 or (b), as follows:
936 1. For high school students graduating in the 2018-2019 and
937 2019-2020 academic years, a student must achieve an SAT combined
938 score of 1290 or an ACT composite score of 29.
939 2. For high school students graduating in the 2020-2021
940 academic year and thereafter, a student must achieve the
941 required examination scores published by the department, which
942 are determined as provided in subsection (c) High school
943 students must earn an SAT score of 1290 which corresponds to the
944 89th SAT percentile rank or a concordant ACT score of 29.
945 (b) The State Board of Education shall publicize the
946 examination score required for a student to be eligible for a
947 Florida Medallion Scholars award, pursuant to s. 1009.535(1)(a)
948 or (b), as follows:
949 1. For high school students graduating in the 2018-2019 and
950 2019-2020 academic years, a student must achieve an SAT combined
951 score of 1170 or an ACT composite score of 26.
952 2. For high school students graduating in the 2020-2021
953 academic year and thereafter, a student must achieve the
954 required examination scores published by the department, which
955 are determined as provided in subsection (c) High school
956 students must earn an SAT score of 1170 which corresponds to the
957 75th SAT percentile rank or a concordant ACT score of 26.
958 (c) To ensure that the required examination scores
959 represent top student performance and are equivalent between the
960 SAT and ACT, the department shall develop a method for
961 determining the required examination scores which incorporates
962 all of the following:
963 1. The minimum required SAT score for the Florida Academic
964 Scholarship must be set no lower than the 89th national
965 percentile on the SAT. The department may adjust the required
966 SAT score only if the required score drops below the 89th
967 national percentile, and any such adjustment must be applied to
968 the bottom of the SAT score range that is concordant to the ACT.
969 2. The minimum required SAT score for the Florida Medallion
970 Scholarship must be set no lower than the 75th national
971 percentile on the SAT. The department may adjust the required
972 SAT score only if the required score drops below the 75th
973 national percentile, and any such adjustment must be made to the
974 bottom of the SAT score range that is concordant to the ACT.
975 3. The required ACT scores must be made concordant to the
976 required SAT scores, using the latest published national
977 concordance table developed jointly by the College Board and
978 ACT, Inc.
979 (d) Before each school year, the department shall publish
980 any changes to the examination score requirements that apply to
981 students graduating in the next 2 years The SAT percentile ranks
982 and corresponding SAT scores specified in paragraphs (a) and (b)
983 are based on the SAT percentile ranks for 2010 college-bound
984 seniors in critical reading and mathematics as reported by the
985 College Board. The next highest SAT score is used when the
986 percentile ranks do not directly correspond.
987 Section 13. Section 1009.532, Florida Statutes, is amended
988 to read:
989 1009.532 Florida Bright Futures Scholarship Program;
990 student eligibility requirements for renewal awards.—
991 (1) To be eligible to renew a scholarship from any of the
992 three types of scholarships under the Florida Bright Futures
993 Scholarship Program, a student must:
994 (a) Effective for students funded in the 2009-2010 academic
995 year and thereafter, earn at least 24 semester credit hours or
996 the equivalent in the last academic year in which the student
997 earned a scholarship if the student was enrolled full time, or a
998 prorated number of credit hours as determined by the Department
999 of Education if the student was enrolled less than full time for
1000 any part of the academic year. For students initially eligible
1001 prior to the 2010-2011 academic term, if a student fails to earn
1002 the minimum number of hours required to renew the scholarship,
1003 the student shall lose his or her eligibility for renewal for a
1004 period equivalent to 1 academic year. Such student is eligible
1005 to restore the award the following academic year if the student
1006 earns the hours for which he or she was enrolled at the level
1007 defined by the department and meets the grade point average for
1008 renewal. A student is eligible for such restoration one time.
1009 The department shall notify eligible recipients of the
1010 provisions of this paragraph. Each institution shall notify
1011 award recipients of the provisions of this paragraph during the
1012 registration process.
1013 (b) Maintain the cumulative grade point average required by
1014 the scholarship program, except that:
1015 1. If a recipient’s grades fall beneath the average
1016 required to renew a Florida Academic Scholarship, but are
1017 sufficient to renew a Florida Medallion Scholarship, a Florida
1018 Gold Seal CAPE Scholarship, or a Florida Gold Seal Vocational
1019 Scholarship, the Department of Education may grant a renewal
1020 from one of those other scholarship programs, if the student
1021 meets the renewal eligibility requirements;
1022 2. For students initially eligible prior to the 2010-2011
1023 academic term, if at any time during the eligibility period a
1024 student’s grades are insufficient to renew the scholarship, the
1025 student may restore eligibility by improving the grade point
1026 average to the required level. A student is eligible for such a
1027 restoration one time. The Legislature encourages education
1028 institutions to assist students to calculate whether or not it
1029 is possible to raise the grade point average during the summer
1030 term. If the institution determines that it is possible, the
1031 education institution may so inform the department, which may
1032 reserve the student’s award if funds are available. The renewal,
1033 however, must not be granted until the student achieves the
1034 required cumulative grade point average. If the summer term is
1035 not sufficient to raise the grade point average to the required
1036 renewal level, the student’s next opportunity for renewal is the
1037 fall semester of the following academic year; or
1038 2.3. For students initially eligible in the 2010-2011
1039 academic term and thereafter, if at any time during a student’s
1040 first academic year the student’s grades are insufficient to
1041 renew the scholarship, the student may restore eligibility by
1042 improving the grade point average to the required level. A
1043 student is eligible for such a restoration one time. The
1044 Legislature encourages education institutions to assist students
1045 to calculate whether or not it is possible to raise the grade
1046 point average during the summer term. If the education
1047 institution determines that it is possible, the institution may
1048 so inform the department, which may reserve the student’s award
1049 if funds are available. The renewal, however, must not be
1050 granted until the student achieves the required cumulative grade
1051 point average. If the summer term is not sufficient to raise the
1052 grade point average to the required renewal level, the student’s
1053 next opportunity for renewal is the fall semester of the
1054 following academic year.
1055 (c) Reimburse or make satisfactory arrangements to
1056 reimburse the institution for the award amount received for
1057 courses dropped after the end of the drop and add period or
1058 courses from which the student withdraws after the end of the
1059 drop and add period unless the student has received an exception
1060 pursuant to s. 1009.53(11).
1061 (2) For students initially eligible in the 2010-2011
1062 academic term and thereafter, and unless otherwise provided in
1063 this section, if a student does not meet the requirements for
1064 renewal of a scholarship because of lack of completion of
1065 sufficient credit hours or insufficient grades, the scholarship
1066 shall be renewed only if the student failed to complete
1067 sufficient credit hours or to meet sufficient grade requirements
1068 due to verifiable illness or other documented emergency, in
1069 which case the student may be granted an exception from academic
1070 requirements pursuant to s. 1009.40(1)(b)4.
1071 (3)(a) A student who is initially eligible prior to the
1072 2010-2011 academic year and is enrolled in a program that
1073 terminates in an associate degree or a baccalaureate degree may
1074 receive an award for a maximum of 110 percent of the number of
1075 credit hours required to complete the program. A student who is
1076 enrolled in a program that terminates in a career certificate
1077 may receive an award for a maximum of 110 percent of the credit
1078 hours or clock hours required to complete the program up to 90
1079 credit hours.
1080 (b) Students who are initially eligible in the 2010-2011
1081 and 2011-2012 academic years may receive an award for a maximum
1082 of 100 percent of the number of credit hours required to
1083 complete an associate degree program or a baccalaureate degree
1084 program or receive an award for a maximum of 100 percent of the
1085 credit hours or clock hours required to complete up to 90 credit
1086 hours of a program that terminates in a career certificate.
1087 (a)(c) A student who is initially eligible in the 2012-2013
1088 academic year and thereafter may receive an award for a maximum
1089 of 100 percent of the number of credit hours required to
1090 complete an associate degree program, a baccalaureate degree
1091 program, or a postsecondary career certificate program or, for a
1092 Florida Gold Seal Vocational Scholars award, may receive an
1093 award for a maximum of 100 percent of the number of credit hours
1094 or equivalent clock hours required to complete one of the
1095 following at a Florida public or nonpublic education institution
1096 that offers these specific programs: for an applied technology
1097 diploma program as defined in s. 1004.02(7), up to 60 credit
1098 hours or equivalent clock hours; for a technical degree
1099 education program as defined in s. 1004.02(13), up to the number
1100 of hours required for a specific degree not to exceed 72 credit
1101 hours or equivalent clock hours; or for a career certificate
1102 program as defined in s. 1004.02(20), up to the number of hours
1103 required for a specific certificate not to exceed 72 credit
1104 hours or equivalent clock hours. A student who transfers from
1105 one of these program levels to another program level becomes
1106 eligible for the higher of the two credit hour limits.
1107 (b)(d)1. A student who is initially eligible in the 2017
1108 2018 academic year and thereafter for a Florida Gold Seal CAPE
1109 Scholars award under s. 1009.536(2) may receive an award for a
1110 maximum of 100 percent of the number of credit hours or
1111 equivalent clock hours required to complete one of the following
1112 at a Florida public or nonpublic education institution that
1113 offers these specific programs: for an applied technology
1114 diploma program as defined in s. 1004.02(7), up to 60 credit
1115 hours or equivalent clock hours; for a technical degree
1116 education program as defined in s. 1004.02(13), up to the number
1117 of hours required for a specific degree, not to exceed 72 credit
1118 hours or equivalent clock hours; or for a career certificate
1119 program as defined in s. 1004.02(20), up to the number of hours
1120 required for a specific certificate, not to exceed 72 credit
1121 hours or equivalent clock hours. A student who transfers from
1122 one of these program levels to another program level is eligible
1123 for the higher of the two credit hour limits.
1124 2. A Florida Gold Seal CAPE Scholar who completes a
1125 technical degree education program as defined in s. 1004.02(13)
1126 may also receive an award for:
1127 a. A maximum of 60 credit hours for a bachelor of science
1128 degree program for which there is a statewide associate in
1129 science degree program to bachelor of science degree program
1130 articulation agreement; or
1131 b. A maximum of 60 credit hours for a bachelor of applied
1132 science degree program at a Florida College System institution.
1133 (4) A student who receives an initial award during the
1134 spring term shall be evaluated for scholarship renewal after the
1135 completion of a full academic year, which begins with the fall
1136 term.
1137 (5) A student who receives an award and is subsequently
1138 determined ineligible due to updated grade or hour information
1139 may not receive a disbursement for a subsequent term, unless the
1140 student successfully restores the award.
1141 Section 14. Subsections (3), (4), and (5) of section
1142 1009.536, Florida Statutes, are amended to read:
1143 1009.536 Florida Gold Seal Vocational Scholars and Florida
1144 Gold Seal CAPE Scholars awards.—The Florida Gold Seal Vocational
1145 Scholars award and the Florida Gold Seal CAPE Scholars award are
1146 created within the Florida Bright Futures Scholarship Program to
1147 recognize and reward academic achievement and career preparation
1148 by high school students who wish to continue their education.
1149 (3) A Florida Gold Seal Vocational Scholar or a Florida
1150 Gold Seal CAPE Scholar who is enrolled in a public or nonpublic
1151 postsecondary education institution is eligible for an award
1152 equal to the amount specified in the General Appropriations Act
1153 to assist with the payment of educational expenses.
1154 (4) To be eligible for a renewal award as a Florida Gold
1155 Seal Vocational Scholar or a Florida Gold Seal CAPE Scholar, a
1156 student must maintain the equivalent of a cumulative grade point
1157 average of 2.75 on a 4.0 scale with an opportunity for
1158 restoration one time as provided in this chapter.
1159 (5)(a) A student who is initially eligible prior to the
1160 2010-2011 academic year may earn a Florida Gold Seal Vocational
1161 Scholarship for 110 percent of the number of credit hours
1162 required to complete the program, up to 90 credit hours or the
1163 equivalent.
1164 (b) Students who are initially eligible in the 2010-2011
1165 and 2011-2012 academic years may earn a Florida Gold Seal
1166 Vocational Scholarship for 100 percent of the number of credit
1167 hours required to complete the program, up to 90 credit hours or
1168 the equivalent.
1169 (c) A student who is initially eligible in the 2012-2013
1170 academic year and thereafter may earn a Florida Gold Seal
1171 Vocational Scholarship for a maximum of 100 percent of the
1172 number of credit hours or equivalent clock hours required to
1173 complete one of the following at a Florida public or nonpublic
1174 education institution that offers these specific programs: for
1175 an applied technology diploma program as defined in s.
1176 1004.02(7), up to 60 credit hours or equivalent clock hours; for
1177 a technical degree education program as defined in s.
1178 1004.02(13), up to the number of hours required for a specific
1179 degree not to exceed 72 credit hours or equivalent clock hours;
1180 or for a career certificate program as defined in s.
1181 1004.02(20), up to the number of hours required for a specific
1182 certificate not to exceed 72 credit hours or equivalent clock
1183 hours.
1184 (b)(d)1. A student who is initially eligible in the 2017
1185 2018 academic year and thereafter for a Florida Gold Seal CAPE
1186 Scholars award under subsection (2) may receive an award for a
1187 maximum of 100 percent of the number of credit hours or
1188 equivalent clock hours required to complete one of the following
1189 at a Florida public or nonpublic education institution that
1190 offers these specific programs: for an applied technology
1191 diploma program as defined in s. 1004.02(7), up to 60 credit
1192 hours or equivalent clock hours; for a technical degree
1193 education program as defined in s. 1004.02(13), up to the number
1194 of hours required for a specific degree, not to exceed 72 credit
1195 hours or equivalent clock hours; or for a career certificate
1196 program as defined in s. 1004.02(20), up to the number of hours
1197 required for a specific certificate, not to exceed 72 credit
1198 hours or equivalent clock hours. A student who transfers from
1199 one of these program levels to another program level is eligible
1200 for the higher of the two credit hour limits.
1201 2. A Florida Gold Seal CAPE Scholar who completes a
1202 technical degree education program as defined in s. 1004.02(13)
1203 may also receive an award for:
1204 a. A maximum of 60 credit hours for a bachelor of science
1205 degree program for which there is a statewide associate in
1206 science degree program to bachelor of science degree program
1207 articulation agreement; or
1208 b. A maximum of 60 credit hours for a bachelor of applied
1209 science degree program at a Florida College System institution.
1210 Section 15. Section 1011.45, Florida Statutes, is amended
1211 to read:
1212 1011.45 End of year balance of funds.—Unexpended amounts in
1213 any fund in a university current year operating budget shall be
1214 carried forward and included as the balance forward for that
1215 fund in the approved operating budget for the following year.
1216 (1) Each university shall maintain a minimum carry forward
1217 balance of at least 7 percent of its state operating budget. If
1218 a university fails to maintain a 7 percent balance in state
1219 operating funds, the university shall submit a plan to the Board
1220 of Governors to attain the minimum percent balance of state
1221 operating funds within the next fiscal year.
1222 (2) Each university that retains a state operating fund
1223 carry forward balance in excess of the 7 percent minimum shall
1224 submit a spending plan for its excess carry forward balance. The
1225 spending plan shall be submitted to the university’s board of
1226 trustees for approval and publishing by September 1, 2019, and
1227 each September 1 thereafter. The Board of Governors shall
1228 publish each university’s carry forward spending plan by October
1229 1, 2019, and each October 1 thereafter.
1230 (3) A university’s carry forward spending plan shall
1231 include the estimated cost per planned expenditure and a
1232 timeline for completion of the expenditure, when appropriate.
1233 Authorized expenditures in a carry forward spending plan may
1234 include:
1235 (a) Commitment of funds to a public education capital
1236 outlay project for which an appropriation was previously
1237 provided that requires additional funds for completion and which
1238 is included in the list required by s. 1001.706(12)(d);
1239 (b) Completion of a renovation, repair, or maintenance
1240 project that is consistent with the provisions of s. 1013.64(1),
1241 up to $5 million per project;
1242 (c) Completion of a remodeling or infrastructure project,
1243 including a project for a development research school, up to $10
1244 million per project, if such project is survey recommended
1245 pursuant to s. 1013.31;
1246 (d) Completion of a repair or replacement project necessary
1247 due to damage caused by a natural disaster for buildings
1248 included in the inventory required pursuant to s. 1013.31;
1249 (e) Operating expenditures that support the university
1250 mission and that are nonrecurring; and
1251 (f) Any purpose approved by the board or specified in the
1252 General Appropriations Act.
1253 (4) Annually, by August 15, the chief financial officer of
1254 each university shall certify the unexpended amount of funds
1255 appropriated to the university from the General Revenue Fund,
1256 the Educational Enhancement Trust Fund, and the
1257 Education/General Student and Other Fees Trust Fund as of June
1258 30 of the previous fiscal year.
1259 Section 16. Paragraph (b) of subsection (6) of section
1260 1011.80, Florida Statutes, is amended to read:
1261 1011.80 Funds for operation of workforce education
1262 programs.—
1263 (6)
1264 (b) Performance funding for industry certifications for
1265 school district workforce education programs is contingent upon
1266 specific appropriation in the General Appropriations Act and
1267 shall be determined as follows:
1268 1. Occupational areas for which industry certifications may
1269 be earned, as established in the General Appropriations Act, are
1270 eligible for performance funding. Priority shall be given to the
1271 occupational areas emphasized in state, national, or corporate
1272 grants provided to Florida educational institutions.
1273 2. The Chancellor of Career and Adult Education shall
1274 identify the industry certifications eligible for funding on the
1275 CAPE Postsecondary Industry Certification Funding List approved
1276 by the State Board of Education pursuant to s. 1008.44, based on
1277 the occupational areas specified in the General Appropriations
1278 Act.
1279 3. Each school district shall be provided $1,000 for each
1280 industry certification earned by a workforce education student.
1281 The maximum amount of funding appropriated for performance
1282 funding pursuant to this paragraph shall be limited to $15
1283 million annually. If funds are insufficient to fully fund the
1284 calculated total award, such funds shall be prorated.
1285 Section 17. Section 1011.802, Florida Statutes, is created
1286 to read:
1287 1011.802 FLAG program.—
1288 (1) Subject to appropriations provided in the General
1289 Appropriations Act, the Florida Apprenticeship Grant (FLAG)
1290 program is created to provide grants to high schools, career
1291 centers, charter technical career centers, Florida College
1292 System institutions, and other entities authorized to sponsor an
1293 apprenticeship or preapprenticeship program, as defined in s.
1294 446.021, on a competitive basis to establish new apprenticeship
1295 or preapprenticeship programs and expand existing apprenticeship
1296 or preapprenticeship programs. The Department of Education shall
1297 administer the grant program.
1298 (2) Applications must contain projected enrollment and
1299 projected costs for the new or expanded apprenticeship program.
1300 (3) The department shall give priority to apprenticeship
1301 programs with demonstrated regional demand. Grant funds may be
1302 used for instructional equipment, supplies, personnel, student
1303 services, and other expenses associated with the creation or
1304 expansion of an apprenticeship program. Grant funds may not be
1305 used for recurring instructional costs or for indirect costs.
1306 Grant recipients must submit quarterly reports in a format
1307 prescribed by the department.
1308 (4) The State Board of Education may adopt rules to
1309 administer this section.
1310 Section 18. Paragraph (c) of subsection (2) of section
1311 1011.81, Florida Statutes, is amended to read:
1312 1011.81 Florida College System Program Fund.—
1313 (2) Performance funding for industry certifications for
1314 Florida College System institutions is contingent upon specific
1315 appropriation in the General Appropriations Act and shall be
1316 determined as follows:
1317 (c) Each Florida College System institution shall be
1318 provided $1,000 for each industry certification earned by a
1319 student. The maximum amount of funding appropriated for
1320 performance funding pursuant to this subsection shall be limited
1321 to $15 million annually. If funds are insufficient to fully fund
1322 the calculated total award, such funds shall be prorated.
1323 Section 19. Paragraph (e) of subsection (3) of section
1324 1011.84, Florida Statutes, is amended to read:
1325 1011.84 Procedure for determining state financial support
1326 and annual apportionment of state funds to each Florida College
1327 System institution district.—The procedure for determining state
1328 financial support and the annual apportionment to each Florida
1329 College System institution district authorized to operate a
1330 Florida College System institution under the provisions of s.
1331 1001.61 shall be as follows:
1332 (3) DETERMINING THE APPORTIONMENT FROM STATE FUNDS.—
1333 (e) If at any time the unencumbered balance in the general
1334 fund of the Florida College System institution board of trustees
1335 approved operating budget goes below 7 5 percent, the president
1336 shall provide written notification to the State Board of
1337 Education. Annually, by August 15, the chief financial officer
1338 of each Florida College System institution shall certify the
1339 unexpended amount of state funds remaining in the general fund
1340 of an institution as of June 30 of the previous fiscal year.
1341 Section 20. Subsection (2) of section 1013.03, Florida
1342 Statutes, is amended to read:
1343 1013.03 Functions of the department and the Board of
1344 Governors.—The functions of the Department of Education as it
1345 pertains to educational facilities of school districts and
1346 Florida College System institutions and of the Board of
1347 Governors as it pertains to educational facilities of state
1348 universities shall include, but not be limited to, the
1349 following:
1350 (2) Establish, for the purpose of determining need,
1351 equitably uniform utilization standards for all types of like
1352 space, regardless of the level of education, that includes
1353 standards for post-secondary classroom and teaching laboratory
1354 space. These standards shall also establish, for postsecondary
1355 education classrooms, a minimum room utilization rate of 40
1356 hours per week and a minimum station utilization rate of 60
1357 percent. These rates shall be subject to increase based on
1358 national norms for utilization of postsecondary education
1359 classrooms. The State Board of Education and the Board of
1360 Governors shall adopt standards, with justification, for use in
1361 each Florida College System institution’s survey and state
1362 university’s survey, respectively, as applied pursuant to s.
1363 1013.31.
1364 (a) The boards must define and apply, at minimum, the
1365 following space utilization metrics when calculating space need:
1366 1. For postsecondary education classroom space, a minimum
1367 room utilization rate and a minimum station utilization rate.
1368 2. For postsecondary education nonvocational, teaching
1369 laboratory space, a minimum room utilization rate and a minimum
1370 station utilization rate.
1371 (b) Each state university and Florida College System
1372 institution shall determine full-time equivalent enrollment
1373 estimate adjustments to account for online students.
1374 (c) By January 1, 2021, the Board of Governors for state
1375 universities and the State Board of Education for Florida
1376 College System institutions shall each provide on its website
1377 the most recent summary survey data by state university or
1378 Florida College System institution, as applicable, showing space
1379 needs met for each campus by type of space. The format shall be
1380 consistent across all state universities and all Florida College
1381 System institutions.
1382 Section 21. Paragraph (c) of subsection (1) of section
1383 1013.31, Florida Statutes, is amended to read:
1384 1013.31 Educational plant survey; localized need
1385 assessment; PECO project funding.—
1386 (1) At least every 5 years, each board shall arrange for an
1387 educational plant survey, to aid in formulating plans for
1388 housing the educational program and student population, faculty,
1389 administrators, staff, and auxiliary and ancillary services of
1390 the district or campus, including consideration of the local
1391 comprehensive plan. The Department of Education shall document
1392 the need for additional career and adult education programs and
1393 the continuation of existing programs before facility
1394 construction or renovation related to career or adult education
1395 may be included in the educational plant survey of a school
1396 district or Florida College System institution that delivers
1397 career or adult education programs. Information used by the
1398 Department of Education to establish facility needs must
1399 include, but need not be limited to, labor market data, needs
1400 analysis, and information submitted by the school district or
1401 Florida College System institution.
1402 (c) Required need assessment criteria for district, Florida
1403 College System institution, state university, and Florida School
1404 for the Deaf and the Blind plant surveys.—Educational plant
1405 surveys must use uniform data sources and criteria specified in
1406 this paragraph. Each revised educational plant survey and each
1407 new educational plant survey supersedes previous surveys.
1408 1. The school district’s survey must be submitted as a part
1409 of the district educational facilities plan defined in s.
1410 1013.35. To ensure that the data reported to the Department of
1411 Education as required by this section is correct, the department
1412 shall annually conduct an onsite review of 5 percent of the
1413 facilities reported for each school district completing a new
1414 survey that year. If the department’s review finds the data
1415 reported by a district is less than 95 percent accurate, within
1416 1 year from the time of notification by the department the
1417 district must submit revised reports correcting its data. If a
1418 district fails to correct its reports, the commissioner may
1419 direct that future fixed capital outlay funds be withheld until
1420 such time as the district has corrected its reports so that they
1421 are not less than 95 percent accurate.
1422 2. Each survey of a special facility, joint-use facility,
1423 or cooperative career education facility must be based on
1424 capital outlay full-time equivalent student enrollment data
1425 prepared by the department for school districts and Florida
1426 College System institutions and by the Chancellor of the State
1427 University System for universities. A survey of space needs of a
1428 joint-use facility shall be based upon the respective space
1429 needs of the school districts, Florida College System
1430 institutions, and universities, as appropriate. Projections of a
1431 school district’s facility space needs may not exceed the norm
1432 space and occupant design criteria established by the State
1433 Requirements for Educational Facilities.
1434 3. Each Florida College System institution’s survey must
1435 reflect the capacity of existing facilities as specified in the
1436 inventory maintained by the Department of Education. Projections
1437 of facility space needs must comply with standards for
1438 determining space needs as specified by rule of the State Board
1439 of Education, consistent with the standards and metrics adopted
1440 pursuant to s. 1013.03(2)(a). The 5-year projection of capital
1441 outlay student enrollment must be consistent with the annual
1442 report of capital outlay full-time student enrollment prepared
1443 by the Department of Education.
1444 4. Each state university’s survey must reflect the capacity
1445 of existing facilities as specified in the inventory maintained
1446 and validated by the Chancellor of the State University System.
1447 Projections of facility space needs must be consistent with
1448 standards for determining space needs as specified by regulation
1449 of the Board of Governors, consistent with the standards and
1450 metrics adopted pursuant to s. 1013.03(2)(a). The projected
1451 capital outlay full-time equivalent student enrollment must be
1452 consistent with the 5-year planned enrollment cycle for the
1453 State University System approved by the Board of Governors.
1454 5. The district educational facilities plan of a school
1455 district and the educational plant survey of a Florida College
1456 System institution, state university, or the Florida School for
1457 the Deaf and the Blind may include space needs that deviate from
1458 approved standards for determining space needs if the deviation
1459 is justified by the district or institution and approved by the
1460 department or the Board of Governors, as appropriate, as
1461 necessary for the delivery of an approved educational program.
1462 Section 22. Subsection (4) of section 1013.40, Florida
1463 Statutes, is amended to read:
1464 1013.40 Planning and construction of Florida College System
1465 institution facilities; property acquisition.—
1466 (4) The campus of a Florida College System institution
1467 within a municipality designated as an area of critical state
1468 concern, as defined in s. 380.05, and having a comprehensive
1469 plan and land development regulations containing a building
1470 permit allocation system that limits annual growth, may
1471 construct dormitories for up to 300 beds for Florida College
1472 System institution students. Such dormitories are exempt from
1473 the building permit allocation system and may be constructed up
1474 to 45 feet in height if the dormitories are otherwise consistent
1475 with the comprehensive plan, the Florida College System
1476 institution has a hurricane evacuation plan that requires all
1477 dormitory occupants to be evacuated 48 hours in advance of
1478 tropical force winds, and transportation is provided for
1479 dormitory occupants during an evacuation. State funds and
1480 tuition and fee revenues may not be used for construction, debt
1481 service payments, maintenance, or operation of such dormitories.
1482 Additional dormitory beds constructed after July 1, 2016, may
1483 not be financed through the issuance of bonds by the Florida
1484 College System institution; however, bonds may be issued by
1485 nonpublic entities as part of a public-private partnership
1486 between the college and a nonpublic entity.
1487 Section 23. Subsections (2) and (3) of section 1013.60,
1488 Florida Statutes, are renumbered as subsections (3) and (4),
1489 respectively, subsection (1) of that section is amended, and a
1490 new subsection (2) is added to that section, to read:
1491 1013.60 Legislative capital outlay budget request.—
1492 (1) The Commissioner of Education shall develop a budget
1493 request allocation plan procedure deemed appropriate in arriving
1494 at the appropriate amounts required to fund each project
1495 projects as reflected in the integrated, comprehensive budget
1496 request required by this section. The official estimates for
1497 funds accruing to the Public Education Capital Outlay and Debt
1498 Service Trust Fund made by the Revenue Estimating Conference
1499 shall be used in determining the budget request pursuant to this
1500 section. The commissioner, in consultation with the
1501 appropriations committees of the Legislature, shall provide
1502 annually an estimate of funds that shall be utilized by Florida
1503 College System institutions and universities in developing their
1504 required 3-year prioritized priority lists pursuant to s.
1505 1013.64.
1506 (2) The commissioner shall include with the submission of
1507 each updated budget request allocation plan an assessment over
1508 the 3 years of the plan of the amount of state funding needed to
1509 complete previously funded projects compared to the amount of
1510 funds provided in the Public Education Capital Outlay and Debt
1511 Service Trust Fund for projects funded in a prior year and which
1512 require additional state funds for completion.
1513 Section 24. Paragraph (a) of subsection (4) of section
1514 1013.64, Florida Statutes, is amended, and paragraphs (i) and
1515 (j) are added to subsection (1) of that section, to read:
1516 1013.64 Funds for comprehensive educational plant needs;
1517 construction cost maximums for school district capital
1518 projects.—Allocations from the Public Education Capital Outlay
1519 and Debt Service Trust Fund to the various boards for capital
1520 outlay projects shall be determined as follows:
1521 (1)
1522 (i) The Board of Governors shall specify by regulation the
1523 procedures for the reporting of funds appropriated or expended
1524 pursuant to this section or s. 1011.45. Each university shall
1525 report the amounts expended by the university from all sources,
1526 including, but not limited to, the Public Education Capital
1527 Outlay and Debt Service Trust Fund and carry forward funds.
1528 (j) The State Board of Education shall specify by rule the
1529 procedures for the reporting of funds appropriated or expended
1530 pursuant to this section or s. 1013.841. Each Florida College
1531 System institution shall report the amounts expended by the
1532 institution from all sources, including, but not limited to, the
1533 Public Education Capital Outlay and Debt Service Trust Fund and
1534 carry forward funds.
1535 (4)(a) Florida College System institution boards of
1536 trustees and university boards of trustees shall receive funds
1537 for projects based on a 3-year prioritized priority list, to be
1538 updated annually, which is submitted to the Legislature in the
1539 legislative budget request at least 90 days before prior to the
1540 legislative session. The State Board of Education shall submit a
1541 3-year prioritized priority list for Florida College System
1542 institutions, and the Board of Governors shall submit a 3-year
1543 prioritized priority list for universities to the Legislature
1544 not later than 60 days before each regular legislative session
1545 which shall be updated upon request after subsequent estimating
1546 conferences. The sum of each year’s project lists must consider
1547 the total amount to be distributed for construction and
1548 renovation provided for each year pursuant to the 3-year budget
1549 request allocation plan developed by the Commissioner of
1550 Education pursuant to s. 1013.60. The lists shall reflect
1551 decisions by the State Board of Education pursuant to s. 1001.03
1552 for Florida College System institutions and the Board of
1553 Governors pursuant to s. 1001.706 for state universities
1554 concerning program priorities that implement the statewide plan
1555 for program growth and quality improvement in education. No
1556 remodeling or renovation project shall be included on the 3-year
1557 priority list unless the project has been recommended pursuant
1558 to s. 1013.31 or is for the purpose of correcting health and
1559 safety deficiencies. No new construction project shall be
1560 included on the first year of the 3-year priority list unless
1561 the educational specifications have been approved by the
1562 commissioner for a Florida College System institution project or
1563 by the Board of Governors for a university project, as
1564 applicable. The funds requested for a new construction project
1565 in the first year of the 3-year priority list shall be in
1566 conformance with the scope of the project as defined in the
1567 educational specifications. Any new construction project
1568 requested in the first year of the 3-year priority list which is
1569 not funded by the Legislature shall be carried forward to be
1570 listed first in developing the updated 3-year priority list for
1571 the subsequent year’s capital outlay budget. Should the order of
1572 the priority of the projects change from year to year, a
1573 justification for such change shall be included with the updated
1574 priority list.
1575 Section 25. Section 1013.841, Florida Statutes, is created
1576 to read:
1577 1013.841 End of year balance of Florida College System
1578 institution funds.—
1579 (1) Unexpended amounts in any fund in any Florida College
1580 System institution current year state operating budget shall be
1581 carried forward and included as the balance forward for that
1582 fund in the approved operating budget for the following year.
1583 (2)(a) Each Florida College System institution with a final
1584 FTE less than 15,000 for the prior year shall maintain a minimum
1585 carry forward balance of at least 5 percent of its state
1586 operating budget. If a Florida College System institution fails
1587 to maintain a 5 percent balance in state operating funds, the
1588 president shall provide written notification to the State Board
1589 of Education.
1590 (b) Each Florida College System institution with a final
1591 FTE less than 15,000 for the prior year that retains a state
1592 operating fund carry forward balance in excess of the 5 percent
1593 minimum shall submit a spending plan for its excess carry
1594 forward balance. The spending plan shall include all excess
1595 carry forward funds from state operating funds. The spending
1596 plan shall be submitted to the Florida College System
1597 institution’s board of trustees for approval and publishing by
1598 September 1, 2019, and each September 1 thereafter.
1599 (3)(a) Each Florida College System institution with a final
1600 FTE of 15,000 or greater for the prior year shall maintain a
1601 minimum carry forward balance of at least 7 percent of its state
1602 operating budget. If a Florida College System institution fails
1603 to maintain a 7 percent balance in state operating funds, the
1604 institution shall submit a plan to the State Board of Education
1605 to attain the minimum balance.
1606 (b) Each Florida College System institution with a final
1607 FTE of 15,000 or greater for the prior year that retains a state
1608 operating fund carry forward balance in excess of the 7 percent
1609 minimum shall submit a spending plan for its excess carry
1610 forward balance. The spending plan shall include all excess
1611 carry forward funds from state operating funds. The spending
1612 plan shall be submitted to the Florida College System
1613 institution’s board of trustees for approval and publishing by
1614 September 1, 2019, and each September 1 thereafter. The Florida
1615 College System institution shall submit approved plans to the
1616 State Board of Education for publication and review by October
1617 1, 2019, and each October 1 thereafter.
1618 (4) A Florida College System institution identified in
1619 paragraph (3)(a) must include in its carry forward spending plan
1620 the estimated cost per planned expenditure and a timeline for
1621 completion of the expenditure. Authorized expenditures in a
1622 carry forward spending plan may include:
1623 (a) Commitment of funds to a public education capital
1624 outlay project for which an appropriation was previously
1625 provided, which requires additional funds for completion, and
1626 which is included in the list required by s. 1001.03(18)(d);
1627 (b) Completion of a renovation, repair, or maintenance
1628 project that is consistent with the provisions of s. 1013.64(1),
1629 up to $5 million per project;
1630 (c) Completion of a remodeling or infrastructure project,
1631 up to $10 million per project, if such project is survey
1632 recommended pursuant to s. 1013.31;
1633 (d) Completion of a repair or replacement project necessary
1634 due to damage caused by a natural disaster for buildings
1635 included in the inventory required pursuant to s. 1013.31; and
1636 (e) Operating expenditures that support the Florida College
1637 System institution’s mission which are nonrecurring.
1638 (f) Any purpose approved by the state board or specified in
1639 the General Appropriations Act.
1640 Section 26. By December 1, 2020, all survey recommended
1641 projects for each state university and Florida College System
1642 institution shall be reviewed and revised to incorporate the
1643 updated space need calculation requirements as specified in s.
1644 1013.31(1)(c), Florida Statutes.
1645 Section 27. This act shall take effect July 1, 2019.
